Terms of Use
TERMS OF SERVICE AGREEMENT
LAST
REVISION: [15-09-2018]
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.houseaffairs.in (the "Website"), House Affairs ("Business
Name") 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. House Affairs 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. House
Affairs 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. House
Affairs encourages you to review this Agreement whenever you visit the Website
to make sure that you understand the terms and conditions governing 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 House Affairs 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 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 House Affairs 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 House Affairs and its
designated in house or third party call team(s).
Unsubscribe
/ Opt Out Procedure: We
provide 3 easy ways to opt out of from future solicitations. 1. You may use the
Unsubscribe
/ 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 mail@houseaffairs.in
3.
You may send a written remove request to Corporate
Office based at at: Plot No.8, Near Vidya Bhavan School, Fatehpura Udaipur,
Rajasthan, India. Tel: +91-77288 50828, 0294-2451523.
Proprietary
Rights. House Affairs has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute
any Product manufactured and/or distributed by House
Affairs House Affairs 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.
Sales
Tax. If you purchase any Products, you will be responsible for paying any applicable
sales tax.
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. House Affairs does
not always create the information offered on this Website; instead the
information is often gathered from other sources. To the extent that House
Affairs does create the content on this Website, such content is protected by
intellectual property laws of the 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. House Affairs does not endorse the
contents on any such third-party websites. House Affairs 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; House Affairs is not responsible for any damages
resulting from 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 House
Affairs 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 House Affairs 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. House Affairs 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. House Affairs is not
liable for any damage or harm resulting from any posts by or interactions
between users. House Affairs reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any content
House Affairs deems objectionable.
III.
DISCLAIMER OF WARRANTIES
Your use of this
website and/or products is at your sole risk. The website and products are
offered on an "as is" and "as available" basis. House affairs 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, house affairs 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.
IV.
LIMITATION OF LIABILITY
House affairs 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.
House affairs 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.
V. INDEMNIFICATION
You
will release, indemnify, defend and hold harmless House Affairs, 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 House Affairs When House
Affairs is threatened with suit or sued by a third party, House Affairs may
seek written assurances from you concerning your promise to indemnify House
Affairs your failure to provide such assurances may be considered by House
Affairs to be a material breach of this Agreement. House Affairs 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 House Affairs choice at its expense. House
Affairs 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 House
Affairs against any claim, but you must receive House Affairs 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.
VI.
PRIVACY
House
Affairs believes strongly in protecting user privacy and providing you with
notice of use of data. Please refer to House Affairs privacy policy,
incorporated by reference herein that is posted on the Website.
VI.
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.
VIII.
GENERAL
Force Majeure. House Affairs 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, act of God, war, terrorism, armed conflict, labor strike,
lockout, or boycott.
Cessation of
Operation. House Affairs 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 House Affairs and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of
Waiver. The failure of House Affairs 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; India.
This Website originates from the Udaipur-Rajasthan. This Agreement will be
governed by the laws of the State of Rajasthan without regard to its conflict
of law principles to the contrary. Neither you nor House Affairs 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 Rajasthan. 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. House Affairs 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 House Affairs 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, House Affairs
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 House Affairs chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic
Use. House Affairs 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. House
Affairs may assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.