LAST REVISION: (17-11- 2016) 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
This Terms of Service
Agreement (the "Agreement") governs your use of this website,
www.retyrsmart.com (the "Website"), Retyrsmart Advisory & Support
Services (I) Ltd hereinafter referred to as “RetyrSmart Advisory”
("Business Name") and 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. RetyrSmart Advisory reserves the right to unilaterally change
or revise the terms and conditions of this Agreement at any time by posting
such changes or a revised Agreement on this Website. RetyrSmart Advisory will
notify 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. RetyrSmart
Advisory encourages you to review this Agreement whenever you visit the Website
to ensure that you are aware of 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 RetyrSmart Advisory for other
products or services and in case of a conflict between the terms and conditions
of this Agreement and any other written agreement, the latter will prevail. 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
Terms of Offer. This Website makes an
invitation to offer for sale certain products and/or services (the
"Products"). By placing an order for Products through this Website,
you agree to the terms set forth in this Agreement.
Solicitation:Unless you notify our
third party call center representatives or direct RetyrSmart Advisory sales representatives, 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 RetyrSmart
Advisory and its designated in house or third party call team(s).
Opt Out Procedure: You
opt out of from future solicitations in the following ways.
1. You may use the opt out link found
in any email solicitation that you may receive. 2. You may send a written
request to opt out to Retyrsmart Advisory &
Support Services (I) Ltd, 405 Abhishek, B Wing, GD Ambekar Marg, Dadar, Mumbai
You acknowledge that RetyrSmart Advisory has
proprietary rights and trade secrets in the Products. You may not copy,
replicate, reproduce, resell or redistribute any Product manufactured and/or
distributed by RetyrSmart Advisory. RetyrSmart Advisory 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.
Purchase of any Products, is exclusive of applicable sales tax.
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. RetyrSmart Advisory does not always create the information
offered on this Website and instead gathers the information from other sources.
To the extent that RetyrSmart Advisory does create the content on this Website,
such content is protected by the extant intellectual property laws of the
India, foreign nations, and international bodies. Unauthorized use of the
material will 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. RetyrSmart Advisory does not endorse the contents on any such third-party
websites. RetyrSmart Advisory is not responsible for the content of or any
direct or indirect 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
solely your own risk.
RetyrSmart Advisory 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, replicate, reproduce,
transmit, distribute, or create derivative works of such content or information
without express written authorization from RetyrSmart
Advisory or the applicable third party (if third party content is at
Posting: By posting, storing,
or transmitting any content on the Website, you hereby grant RetyrSmart
Advisory 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 and anywhere in the world.
RetyrSmart Advisory 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.
RetyrSmart Advisory is not liable for any damage or harm resulting from any
posts by or interactions between users. RetyrSmart Advisory reserves the right,
but has no obligation, to monitor interactions between and among users of the
Website and to remove any content RetyrSmart Advisory deems objectionable
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. RetyrSmart Advisory 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.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, RetyrSmart Advisory MAKES NO WARRANTY:
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.
LIMITATION OF LIABILITY
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.
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 will release,
indemnify, defend and hold harmless RetyrSmart Advisory , 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; (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 RetyrSmart Advisory. In case of
litigation (actual or potential), RetyrSmart Advisory may seek written
assurances from you concerning your promise to indemnify RetyrSmart Advisory ;
your failure to provide such assurances will be considered by RetyrSmart
Advisory to be a material breach of this Agreement. RetyrSmart Advisory 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
RetyrSmart Advisory choice at its expense. RetyrSmart Advisory will reasonably
cooperate in any defense by you of a third-party claim at your request and
expense. You will have the sole responsibility to defend RetyrSmart Advisory
against any claim. However, prior written consent must be received from
RetyrSmart Advisory regarding any related settlement on your part. The terms of
this provision will survive any termination or cancellation of this Agreement
or your use of the Website or Products.
believes in protecting user privacy and providing you with notice of RetyrSmart
incorporated by reference herein that is posted on the Website.
AGREEMENT TO BE BINDING
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.
RetyrSmart Advisory 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.
of Operation:RetyrSmart Advisory may at any time, in
its sole discretion and without advance notice, cease operation of the Website
and distribution of the Products.
This Agreement comprises the entire agreement between you and RetyrSmart Advisory and supersedes any prior
agreements pertaining to the subject matter contained herein.
The failure of RetyrSmart Advisory 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 other provisions of this Agreement remain in full
force and effect after severing the invalid provision.
Law and Jurisdiction:
This Website originates from Mumbai, Maharashtra, India. This Agreement will be
governed by the laws of India. Neither you nor RetyrSmart
Advisory 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 / tribunals located in Mumbai. By using this
Website or ordering Products, you consent to the exclusive jurisdiction and
venue of courts and tribunals in Mumbai in connection with any action, suit,
proceeding or claim arising under or by reason of this Agreement.
Termination:RetyrSmart Advisory 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 RetyrSmart Advisory 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, RetyrSmart Advisory reserves the right to
exercise whatever means it deems necessary to prevent unauthorized access of
the Website. This Agreement will survive indefinitely until RetyrSmart Advisory chooses, in its sole
discretion and without advance to you, to terminate it.
RetyrSmart Advisory 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 must will be
responsible for compliance with any applicable local laws.
You shall not assign your rights and obligations under this Agreement to
anyone. RetyrSmart Advisory reserves its rights to assign its rights and
obligations under this Agreement in its sole discretion and without advance
notice to you.
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREETO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.