TERMS OF SERVICE AGREEMENT
LAST REVISION: 9th
March’2020
PLEASE READ THIS TERMS OF SERVICE
AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website www.ehubs.in. Mishra Enterprise offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Mishra Enterprise reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Mishra Enterprise will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Mishra Enterprise encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Mishra Enterprise for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale of certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Mishra Enterprise sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Mishra Enterprise and it’s designated in house or third party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt-out from future solicitations. 1. You may use the opt-out link found in any email solicitation that you may receive. 2. You may also choose to opt-out, via sending your email address to: unsubsctiption@ehubs.in
3. You may send a written remove request to Mishra Enterprise, 611/5, M.B Road, Nimta, Kolkata-700049.
Proprietary Rights. Mishra Enterprise has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Mishra Enterprise. Mishra Enterprise also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
GST. If you purchase
any Products, you will be responsible for paying any applicable SGST& CGST.
II. WEBSITE
Content; Intellectual Property; Third-Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Mishra Enterprise does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Mishra Enterprise does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Mishra Enterprise does not endorse the contents on any such third-party websites. Mishra Enterprise is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Mishra Enterprise is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you
are granted a limited, non-exclusive, non-transferable right to use the content
and materials on the Website in connection with your normal, noncommercial, use
of the Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written
authorization from Mishra Enterprise or
the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Mishra Enterprise a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Mishra Enterprise does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Mishra Enterprise is not liable for any damage or harm resulting from any posts by or interactions between users. Mishra Enterprise reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Mishra Enterprise deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. DIGITAL MILLENNIUM COPYRIGHT ACT
(DMCA) NOTICE AND POLICY
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own
or control, please immediately notify our Designated Copyright Agent using the
contact information provided below (a “Notification”).
A
copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to
federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.
All
Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and
include the following information:
(1)
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(2)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the Site are covered by the Notification, a
representative list of such works on the Site;
(3)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
(4)
information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an email
address at which the complaining party may be contacted;
(5)
a statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
(6)
a statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed upon.
IV. DISCLAIMER OF
WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR
PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. Mishra Enterprise EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY
RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS”
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, Mishra Enterprise MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS
WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES
ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR
OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
V. LIMITATION OF
LIABILITY
Mishra Enterprise ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Mishra
Enterprise WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER,
INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE
WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR
CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VI. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Mishra Enterprise, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Mishra Enterprise. When Mishra Enterprise is threatened with suit or sued by a third party, Mishra Enterprise may seek written assurances from you concerning your promise to indemnify Mishra Enterprise; your failure to provide such assurances may be considered by Mishra Enterprise to be a material breach of this Agreement. Mishra Enterprise will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Mishra Enterprise choice at its expense. Mishra Enterprise will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Mishra Enterprise against any claim, but you must receive Mishra Enterprise prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. PRIVACY
Mishra Enterprise believes
strongly in protecting user privacy and providing you with notice. Please refer
to Mishra Enterprise privacy policy, incorporated by reference herein, that is
posted on the Website.
VIII. AGREEMENT TO BE
BOUND
By using this Website
or ordering Products, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Website.
IX. MOBILE APPLICATION
LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
You shall not:
(1) decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the application;
(2) make any
modification, adaptation, improvement, enhancement, translation, or derivative
work from the application;
(3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the application;
(4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application;
(5) use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
(6) make the
application available over a network or other environment permitting access or
use by multiple devices or users at the same time;
(7) use the
application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
(8) use the
application to send automated queries to any website or to send any unsolicited
commercial e-mail;
(9) use any
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the application.
Apple
and Android Devices
The following terms
apply when you use a mobile application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the Site:
(1) the license
granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service;
(2) we are
responsible for providing any maintenance and support services with respect to
the mobile application as specified in the terms and conditions of this mobile
application license contained in these Terms of Use or as otherwise required
under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with
respect to the mobile application;
(3) in the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;
(4) you represent and
warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties;
(5) you must comply
with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application;
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
IX. ADVERTISERS
We
allow advertisers to display their advertisements and other information in
certain areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full responsibility
for any advertisements you place on the Site and any services provided on the
Site or products sold through those advertisements.
Further,
as an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights.
As
an advertiser, you agree that such advertisements are subject to our Digital
Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described
below, and you understand and agree there will be no refund or other
compensation for DMCA takedown-related issues. We simply provide the space to
place such advertisements, and we have no other relationship with
advertisers.
X. GENERAL
Force Majeure. Mishra Enterprise will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Mishra Enterprise may at any time, in its sole
discretion and without advance notice to you, cease operation of the Website
and distribution of the Products.
Entire Agreement. This Agreement
comprises the entire agreement between you and Mishra
Enterprise and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of Mishra Enterprise to exercise or enforce any
right or provision of this Agreement will not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force
and effect.
Governing Law; Jurisdiction. This Website originates from Kolkata, West Bengal. This Agreement will be governed by the laws of the State of IT and sales act of Government of West Bengal without regard to its conflict of law principles to the contrary. Neither you nor Mishra Enterprise will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of West Bengal. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Website or Products or this Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Waiver of Class Action Rights.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Mishra Enterprise reserves the right to
terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and Mishra Enterprise may, in its sole
discretion and without advance notice to you, cancel any outstanding orders for
Products. If your access to the Website is terminated, Mishra Enterprise reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the
Website. This Agreement will survive indefinitely unless and until Mishra Enterprise chooses, in its sole
discretion and without advance to you, to terminate it.
Domestic Use. Mishra
Enterprise makes no representation that the Website or Products are appropriate
or available for use in locations outside India. Users who access the Website
from outside India do so at their own risk and initiative and must bear all
responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and
obligations under this Agreement to anyone. Mishra Enterprise may assign its
rights and obligations under this Agreement in its sole discretion and without
advance notice to you.
RETURN/REFUNDS POLICY
All sales are final and no refund will be issued. Please review our Return Policy posted on the Site prior to making any purchases.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SHIPPING POLICY
Domestic Shipping Policy
Shipment processing time
All orders to be processed within 1-3 working days after confirmation of payment or COD verification call.
There are no shipments or deliveries occur on sunday and holidays. If we have experiencing a high volume of orders or back order products, please expect delays of 7 days maximum and also to be notified through whatsapp/SMS/E-mail
Shipping rates and delivery estimates
Customize the following: Shipping charges for your order will be calculated and displayed at checkout.
| Shipment method |
Estimated delivery time |
Shipment cost |
| Free Shipping (Over Rs.799/- Order value) |
4-10 business days |
Free |
| Paid Shipping |
4-10 business days |
Rs.20 to Rs.150/- |
| Magazing Shipping (Any Qty) |
4-10 business days |
Rs.50/- |
*If any courier partner not available to deliver your product to your location, full refund will be given to you.
Shipment to P.O. boxes or APO/FPO addresses
No shipping to be done to PO Box or APO/FPO addresses
Shipment confirmation and order tracking
Once your order has been picked up by our courier partner and start shipping, you will get SMS through our shipping partner
Customs, duties, and taxes
EHUBS.IN is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damages
EHUBS.IN is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier or our support team directly to file a claim. Please save all packaging material and damaged goods before filing a claim.
International Shipping Policy
No shipment to be done out side INDIA
