Terms of service – AGEX
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✨ Fueling the Champions
🎁 Buy any Get 1 Free GutFizz!
💊 Available at Apollo Pharmacy
✨ Fueling the Champions
🎁 Buy any Get 1 Free GutFizz!
💊 Available at Apollo Pharmacy
✨ Fueling the Champions
🎁 Buy any Get 1 Free GutFizz!
💊 Available at Apollo Pharmacy

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Terms of service

Overview

This website is operated by Nutri Smart Food & Products Pvt. Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Nutri Smart Food & Products Pvt. Ltd. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services. Acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.


Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have the consent of a guardian for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction while using the service, including but not limited to copyright laws.
You must not transmit any viruses, worms, or destructive code. Any violation of the Terms will result in immediate termination of services.


General Conditions

  • We reserve the right to refuse service to anyone, for any reason, at any time.

  • You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:

    • (a) transmissions over various networks, and
    • (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • Credit card information is always encrypted during transfer over networks.

  • You agree not to:

    • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service,
    • Use the Service, or
    • Access the Service or any contact on the website through which the Service is provided,
      without express written permission from us.
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


Accuracy, Completeness, and Timeliness of Information

  • We are not responsible if the information made available on this site is inaccurate, incomplete, or not current.

  • The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information.

  • Any reliance on the material on this site is at your own risk.

  • This site may contain historical information, which is not current and is provided for your reference only.

  • We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site.

  • You agree that it is your responsibility to monitor changes to our site.


Modifications to the Service and Prices

  • Prices for our products are subject to change without notice. 
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Certain products or services offered on our website may be available exclusively online. These products or services may have limited quantities and are subject to our Refund Policy for returns or exchanges. Shipping, Return & Refund Policy

While we strive to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor’s display will reflect the true colors.

We reserve the right, at our discretion, to limit sales of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of products or services we offer, and all product descriptions and pricing are subject to change without notice.

We also reserve the right to discontinue any product at any time. Any product or service offered on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, or information purchased or obtained will meet your expectations, nor do we warrant that any errors in our service will be corrected.


Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same credit card, and/or orders that share the same billing or shipping address.

If we make changes to or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase. Additionally, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made in our store. Furthermore, you agree to promptly update your account details, including email addresses and credit card information (such as expiration dates), to ensure we can complete your transactions and contact you as needed.


For more details, please review our Refund Policy  Shipping, Return & Refund Policy

Optional Tools

We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that access to these tools is provided on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without endorsement. We shall not be liable for any issues arising from or related to your use of these optional third-party tools.

Any use of optional tools provided through the site is entirely at your own risk and discretion, and it is your responsibility to ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s).

In the future, we may introduce new services and/or features through the website, including the release of new tools and resources. These new features and/or services will also be subject to these Terms of Service.


Third-Party Links

Materials from Third Parties

Certain content, products, and services available through our website may include materials from third parties.

Third-Party Links

Our website may include links that direct you to third-party websites that are not affiliated with us. We do not review or evaluate the content or accuracy of these third-party websites and disclaim all liability or responsibility for any third-party materials, products, services, or websites.

Liability for Third-Party Transactions

We are not responsible for any harm or damages that arise from the purchase or use of goods, services, resources, content, or any other transactions made with third-party websites.

User Responsibility

Before engaging in any transactions with third-party websites, please review their policies and practices carefully to ensure you fully understand them.

Complaints and Claims

Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party provider.


User Comments, Feedback, and Other Submissions

If you send us specific submissions (such as contest entries) at our request, or if you send creative ideas, suggestions, proposals, plans, or other materials without our request—whether online, by email, postal mail, or any other method (collectively referred to as "comments")—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and use your comments in any medium.

 We are under no obligation to:

(1) maintain any comments in confidence;

(2) pay compensation for any comments; or

(3) respond to any comments.

We reserve the right, but are not obligated, to monitor, edit, or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You also agree that your comments will not contain any unlawful, abusive, obscene material, or any computer viruses or malware that could affect the operation of the service or any related website. You must not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy and content of your comments, and we assume no liability for comments posted by you or any third party.


Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: privacy-policy


Errors, Inaccuracies, and Omissions

Occasionally, our site or the Service may contain typographical errors, inaccuracies, or omissions. These may include, but are not limited to, information related to:

  • Product descriptions
  • Pricing
  • Promotions
  • Offers
  • Product shipping charges
  • Transit times
  • Availability

Right to Correct Information

We reserve the right to correct any errors, inaccuracies, or omissions and make changes or updates to information at any time. This includes the right to cancel orders if any information in the Service or on any related website is found to be inaccurate. Corrections can occur without prior notice, including after an order has been submitted.

No Obligation to Update

We are under no obligation to update, amend, or clarify any information in the Service or on any related website unless required by law. This includes, but is not limited to, pricing information.

No Indication of Updates

No specific update or refresh date should be taken as an indication that all information in the Service or on any related website has been modified or updated.


Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; 

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


Disclaimer of Warranties; Limitation of Liability

No Guarantees for Service Performance

We do not guarantee, represent, or warrant that your use of our Service will be:

  • Uninterrupted
  • Timely
  • Secure
  • Error-free

We also do not warrant that the results obtained from using the Service will be accurate or reliable.

Right to Modify or Cancel the Service

You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service altogether, without prior notice.

Your Responsibility and Risk

Your use of the Service is at your sole risk. The Service, along with all products and services delivered through it, is provided "as is" and "as available," without any guarantees, warranties, or conditions, either express or implied. This includes, but is not limited to, implied warranties of:

  • Merchantability
  • Merchantable quality
  • Fitness for a particular purpose
  • Durability
  • Title
  • Non-infringement

Limitation of Liability

Nutri Smart Food & Products Pvt. Ltd. and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors are not liable for any injury, loss, claim, or damages of any kind. This includes, but is not limited to:

  • Direct, indirect, incidental, punitive, special, or consequential damages
  • Lost profits, revenue, savings, or data
  • Replacement costs
  • Similar damages

Liability is not based on the form of claim (whether in contract, tort, including negligence, strict liability, or otherwise). This limitation applies to all claims arising from your use of the Service or any products procured through it, including errors or omissions in content, or any losses or damages resulting from content or products made available via the Service.

Jurisdictional Limitations

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.


Indemnification

You agree to indemnify, defend, and hold harmless Nutri Smart Food & Products Pvt. Ltd. and its:

  • Parent company
  • Subsidiaries
  • Affiliates
  • Partners
  • Officers
  • Directors
  • Agents
  • Contractors
  • Licensors
  • Service providers
  • Subcontractors
  • Suppliers
  • Interns
  • Employees

from any claims, demands, or legal actions made by third parties. This includes covering reasonable attorneys’ fees, which may arise from:

  • Your breach of these Terms of Service or any related documents
  • Your violation of any law
  • Your infringement of the rights of any third party

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


Termination

Termination

  1. Survival of Obligations and Liabilities
    Any obligations or liabilities incurred by the parties prior to the termination date will survive the termination of this agreement for all purposes.

  2. Effective Term of the Agreement
    These Terms of Service remain in effect unless terminated by either you or us. You may terminate the agreement by:

    • Notifying us that you no longer wish to use our Services
    • Ceasing the use of our site
  3. Termination by Us
    If, in our sole judgment, you fail or we suspect you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. In such cases:

    • You will remain liable for all amounts due up to and including the date of termination
    • We may deny you access to our Services (or any part thereof)

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.


Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


Contact Information

For questions about the Terms of Service, contact us at:

Nutri Smart Foods and Products Pvt. Ltd.
H No. 6, 1st Floor, Block M-4, Mohan Park
Near Dayanand Public School, North Delhi,
Delhi, India, 110009
Email: nutrismrt@gmail.com
Phone: +91-9266715710
GST Number: 07AAHCN8922A1ZL
CIN: U15490DL2021PTC389008

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