LAST REVISION: 19th May, 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.apicalllp.com / blog.apicalllp.com (the "Website"), Apical
Business Advisory Services LLP ("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. Apical Business Advisory Services LLP
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. Apical Business Advisory Services LLP 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. Apical Business
Advisory Services LLP 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 Apical
Business Advisory Services LLP 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 Apical Business Advisory Services LLP 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 Apical
Business Advisory Services LLP and its designated in house or third
party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of 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: apicaladvisory@gmail.com.
Proprietary
Rights. Apical Business Advisory Services LLP has
proprietary rights and trade secrets in the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by Apical Business Advisory Services LLP. Apical Business Advisory Services LLP 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.
Goods & Service Tax. If you purchase any Products, you will be responsible for paying any applicable Goods & Services 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. Apical
Business Advisory Services LLP does not always create the information offered
on this Website; instead the information is often gathered from other sources.
To the extent that Apical Business Advisory Services LLP 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. Apical Business Advisory Services LLP does not endorse the
contents on any such third-party websites. Apical Business Advisory Services
LLP 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; Apical Business Advisory Services LLP 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 Apical
Business Advisory Services LLP 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 Apical Business Advisory Services LLP 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. Apical Business Advisory Services
LLP 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. Apical
Business Advisory Services LLP is not liable for any damage or harm resulting
from any posts by or interactions between users. Apical Business Advisory
Services LLP reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content Apical
Business Advisory Services LLP deems objectionable,
in Apical Business Advisory Services LLP's sole discretion.
III.
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. Apical Business Advisory Services LLP EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, 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 OR SERVICES.
("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, APICAL BUSINESS ADVISORY SERVICES LLP 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
Apical Business Advisory Services LLP ENTIRE
LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, 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.
Apical Business Advisory Services LLP 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 Apical Business Advisory Services
LLP, 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 Apical
Business Advisory Services LLP. When Apical Business Advisory Services LLP is
threatened with suit or sued by a third party, Apical Business Advisory
Services LLP may seek written assurances from you concerning your promise to
indemnify Apical Business Advisory Services LLP; your failure to provide such
assurances may be considered by Apical Business Advisory Services LLP to be a material
breach of this Agreement. Apical Business Advisory Services LLP 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 Apical
Business Advisory Services LLP choice at its expense. Apical Business Advisory
Services LLP 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 Apical
Business Advisory Services LLP against any claim, but you must receive Apical
Business Advisory Services LLP 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
Apical
Business Advisory Services LLP believes strongly in protecting user privacy and
providing you with notice of Apical Business Advisory Services LLP's use of data. Please refer to
Apical Business Advisory Services LLP 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. Apical Business Advisory Services LLP 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. Apical Business Advisory Services LLP 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 Apical Business Advisory Services LLP and
supersedes any prior agreements pertaining to the subject matter contained
herein.
Effect of
Waiver. The failure of Apical Business Advisory
Services LLP 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 the [City, State]. This
Agreement will be governed by the laws of the State of [Law State Name] without
regard to its conflict of law principles to the contrary. Neither you nor Apical Business Advisory Services LLP 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 [State Name]. 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. Apical Business Advisory Services LLP 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 Apical Business Advisory Services LLP
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, Apical Business Advisory Services LLP
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 Apical Business Advisory
Services LLP chooses, in its sole discretion and without advance to you,
to terminate it.
Domestic
Use. Apical Business Advisory Services LLP 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. Apical Business Advisory Services
LLP may assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.
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.