TERMS AND CONDITIONS
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE THE VISITOR AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to “PAHARIZONES” or “The Website” and the terms “Visitor” ”User” is referred to the users who either visits the site for Purchase of Products now or later.
This Terms of Service Agreement (the “Agreement”) governs The Visitor’s use of this website, https://handicrafts.paharizones.com (the “Website”), Paharizones (“Business Name”) offer of products for purchase on this Website, or The Visitor’s purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Paharizones 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. Paharizones will alert the visitor 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. The Visitor’s use of the Website following the posting any such changes or of a revised Agreement will constitute The Visitor’s acceptance of any such changes or revisions. Paharizones encourages the visitor to review this Agreement whenever the visitor visit the Website to make sure that the visitor 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 the visitor may have with Paharizones for other products or services. If the visitor do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate The Visitor’s use of the Website. If the visitor would like to print this Agreement, please click the print button on The Visitor’s 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, the visitor agree to the terms set forth in this Agreement.
Customer Solicitation: Unless the visitor notify our third party call center reps or direct Paharizones sales reps, while they are calling the visitor, of The Visitor’s desire to opt out from further direct company communications and solicitations, the visitor is agreeing to continue to receive further emails and call solicitations Paharizones 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. The visitor may use the opt out link found in any email solicitation that the visitor may receive. 2. The visitor may also choose to opt out, via sending The Visitor’s email address to: [[email protected]]. 3. The visitor may send a written remove request to Paharizones. (Use the Contact us section)
Proprietary Rights: Paharizones has proprietary rights and trade secrets in the Products. The visitor may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Paharizones. Paharizones also has rights to all trademarks and trade dress and specific lathe visitorts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If the visitor purchase any Products, the visitor 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. Paharizones does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Paharizones 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. The visitor acknowledge that The Visitor’s 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 the visitor. Paharizones does not endorse the contents on any such third-party websites. Paharizones is not responsible for the content of or any damage that may result from The Visitor’s access to or reliance on these third-party websites. If the visitor link to third-party websites, the visitor do so at The Visitor’s own risk.
Use of Website; Paharizones is not responsible for any damages resulting from use of this website by anyone. The visitor will not use the Website for illegal purposes. The visitor will (1) abide by all applicable local, state, national, and international laws and regulations in The Visitor’s 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, the visitor are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with The Visitor’s normal, noncommercial, use of the Website. The visitor may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Paharizones or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, the visitor hereby grant Paharizones 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. Paharizones does not have the ability to control the nature of the user-generated content offered through the Website. The visitor are solely responsible for The Visitor’s interactions with other users of the Website and any content the visitor post. Paharizones is not liable for any damage or harm resulting from any posts by or interactions between users. Paharizones reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Paharizones deems objectionable, in it’s sole discretion.
III. DISCLAIMER OF WARRANTIES
THE VISITOR’S USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT THE VISITOR’S SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAHARIZONES 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, PAHARIZONES 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 THE VISITOR 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 THE VISITOR.
IV. LIMITATION OF LIABILITY
PAHARIZONES’ ENTIRE LIABILITY, AND THE VISITOR’S 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 THE VISITOR PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
PAHARIZONES 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 THE VISITOR 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 THE VISITOR.
V. INDEMNIFICATION
The visitor will release, indemnify, defend and hold harmless Paharizones, 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 The Visitor’s warranties, representations and obligations under this Agreement; (2) the Website content or The Visitor’s use of the Website content; (3) the Products or The Visitor’s use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) The Visitor’s violation of any provision of this Agreement; or (6) any information or data the visitor supplied to Paharizones. When Paharizones is threatened with suit or sued by a third party, Paharizones may seek written assurances from the visitor concerning The Visitor’s promise to indemnify Paharizones; The Visitor’s failure to provide such assurances may be considered by Paharizones to be a material breach of this Agreement. Paharizones will have the right to participate in any defense by the visitor of a third-party claim related to The Visitor’s use of any of the Website content or Products, with counsel of Paharizones choice at its expense. Paharizones will reasonably cooperate in any defense by the visitor of a third-party claim at The Visitor’s request and expense. The visitor will have sole responsibility to defend Paharizones against any claim, but the visitor must receive Paharizones prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or The Visitor’s use of the Website or Products.
VI. PRIVACY
Paharizones believes strongly in protecting user privacy and providing the visitor with notice of Visitor’s use of data. Please refer to Paharizones privacy policy, incorporated by reference herein, that is posted on the Privacy page.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, the visitor acknowledge that the visitor have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure: Paharizones 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: Paharizones may at any time, in its sole discretion and without advance notice to the visitor, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between the visitor and Paharizones and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Paharizones 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 Shillong, Meghalaya. This Agreement will be governed by the laws of the State of Meghalaya without regard to its conflict of law principles to the contrary. Neither the visitor nor Paharizones 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 Meghalaya. By using this Website or ordering Products, the visitor 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. The visitor hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: The visitor 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, THE VISITOR HEREBY IRREVOCABLY WAIVE ANY RIGHT THE VISITOR 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: Paharizones reserves the right to terminate The Visitor’s access to the Website if it reasonably believes, in its sole discretion, that the visitor have breached any of the terms and conditions of this Agreement. Following termination, the visitor will not be permitted to use the Website and Paharizones may, in its sole discretion and without advance notice to the visitor, cancel any outstanding orders for Products. If The Visitor’s access to the Website is terminated, Paharizones 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 Paharizones chooses, in its sole discretion and without advance to the visitor, to terminate it.
Domestic Use: Paharizones 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: The visitor may not assign The Visitor’s rights and obligations under this Agreement to anyone. Paharizones may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to the visitor.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE THE VISITOR AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.