Last Updated: 22/05/2024
Welcome to the website of AcuiVital Nutraceuticals Private Limited (“AcuiVital,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website (the “Website”) and any services offered thereon (collectively, the “Services”).
Please read these Terms carefully before accessing or using the Website or Services. By accessing or using the Website or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website or Services.
1. Use of the Website and Services
- You may only use the Website and Services for lawful purposes and in accordance with these Terms.
- You agree not to use the Website or Services:
- In any way that violates any applicable law or regulation.
- For any purpose that is unauthorized or prohibited by these Terms.
- To infringe on or violate the rights of any third party, including their intellectual property rights.
- To interfere with or disrupt the Website or Services.
- To transmit any viruses or other harmful code.
- You are solely responsible for your use of the Website and Services and any consequences thereof.
2. Intellectual Property
The Website and Services contain intellectual property belonging to AcuiVital or its licensors, including trademarks, copyrights, and patents. You are granted a non-exclusive, non-transferable license to access and use the Website and Services for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or otherwise exploit any of the content on the Website or Services without the prior written consent of AcuiVital.
3. User Content
You may submit content (text, images, videos, etc.) to the Website or Services (“User Content”). You retain all ownership rights to your User Content. By submitting User Content, you grant AcuiVital a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display your User Content on the Website and Services and in any related marketing materials.
You are solely responsible for your User Content and represent and warrant that you have all necessary rights and permissions to grant the license set forth above. You agree not to submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically offensive.
4. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING. ACUIVITAL DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ACUIVITAL DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
5. Limitation of Liability
ACUIVITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ACUIVITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You agree to indemnify and hold harmless AcuiVital and its officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or in connection with your use of the Website or Services, your violation of these Terms, or your violation of any applicable laws or regulations.
7. Termination
AcuiVital may terminate your access to the Website or Services at any time, with or without cause, and with or without notice.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws provisions.
9. Dispute Resolution
Any dispute arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Dimapur, Nagaland, India.
10. Entire Agreement
These Terms constitute the entire agreement between you and AcuiVital regarding your use of the Website and Services.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
12. Modifications to the Terms
AcuiVital reserves the right to modify these Terms at any time. We will update the “Last Updated” date at the top of these Terms when changes are made. We encourage you to review these Terms periodically to stay informed of any updates. By continuing to access or use the Website or Services after any such revisions, you agree to be bound by the revised Terms.
13. Digital Millennium Copyright Act (“DMCA”) Notice
AcuiVital respects the intellectual property rights of others. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the following information to our designated copyright agent at contact@acuivital.com:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located on the Website or Services.
- A clear statement that you are the owner of the copyrighted work or authorized to act on the owner’s behalf.
- Your physical address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A signature, or the digital equivalent thereof, of the authorized copyright owner or your authorized representative.
14. Assignment
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, or otherwise transferred by you without the prior written consent of AcuiVital. AcuiVital may assign, subcontract, or otherwise transfer all or any of its rights and obligations hereunder without restriction.