Terms of use


TERMS OF SERVICE AGREEMENT


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 AGREEMENT.


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 toolbar.


I. PRODUCTS


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.

Customer 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 may 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 400014.

Proprietary Rights: 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.

Sales Tax: Purchase of any Products, is exclusive of 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. 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. 

Use of Website: 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 issue).

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


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. 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.


IV. LIMITATION OF LIABILITY

RetyrSmart Advisory’s 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.

RetyrSmart Advisory 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.



V. INDEMNIFICATION

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.


VI. PRIVACY

RetyrSmart Advisory believes in protecting user privacy and providing you with notice of RetyrSmart Advisory's use of data. Please refer to RetyrSmart Advisory privacy policy, incorporated by reference herein that is posted on the Website.


VII. 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. 


VIII. MISCELLANEOUS

Force Majeure: 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.

Cessation 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.

Entire Agreement: This Agreement comprises the entire agreement between you and RetyrSmart Advisory and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: 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.

Governing 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.

Domestic Use: 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.

Assignment: 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.


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.