TERMS OF SERVICE AGREEMENT

LAST REVISION: 22nd Sept. 2019

 

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  governs your use of this website, https://www.digitalkuki.com,Digitalkuki 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. Digitalkuki 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. Digitalkuki will alert 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.Digitalkuki] encourages you to review this Agreement whenever you visit the Website to make sure that you 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 you may have with Digitalkuki for other products or services. 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.

 

PRODUCTS

Terms of Offer. This Website offers for sale certain products (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 reps or direct Digitalkuki sales reps, 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 Digitalkuki 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. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: digitalkuki17@gmail.com

3. You may send a written remove request to Lhangkichoi Veng, Moreh.

Proprietary Rights. Digitalkuki has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Digitalkuki. Digitalkuki 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. If you purchase any Products, you will be responsible for paying any applicable sales tax.

 

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. Digitalkuki does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Digitalkuki 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. 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. Digitalkuki does not endorse the contents on any such third-party websites. Digitalkuki is not responsible for the content of or any 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 your own risk. 

Use of Website; Digitalkuki 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, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Digitalkuki 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 Digitalkuki 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. Digitalkuki 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. Digitalkuki is not liable for any damage or harm resulting from any posts by or interactions between users. Digitalkuki reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Digitalkuki deems objectionable, in MuscleUP Nutrition 's sole discretion. 

 

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. DIGITALKUKI 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, DIGITALKUKI 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 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

DIGITALKUKI 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.

DIGITALKUKI 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 YOU 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 YOU.

 

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Digitalkuki, 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 (including Trial 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 Digitalkuki. When Digitalkuki is threatened with suit or sued by a third party, Digitalkuki may seek written assurances from you concerning your promise to indemnify Digitalkuki; your failure to provide such assurances may be considered by Digitalkuki to be a material breach of this Agreement. Digitalkuki 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 Digitalkuki choice at its expense. Digitalkuki will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Digitalkuki against any claim, but you must receive Digitalkuki prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

 

PRIVACY

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

AGREEMENT TO BE BOUND

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. 

SHIPPING


Two-day shipping benefits are available for eligible items shipped to addresses in the contiguous Manipur State. “Two-day shipping” is a general reference we and our Retailers use to determine your estimated delivery date of the goods ordered from the Retailer and means that the item will generally arrive at your address two business days after the package leaves the Retailer’s warehouse; it does not account for processing time that a Retailer may need to prepare your order for shipment. Two-day shipping benefits apply to business days only; however, Retailers may designate certain products for which special weekend and other shipping options may apply. Retailers also have daily order cut off times which may impact the delivery of your shipment. Please see our FAQs for more information about these cut-off times. Two-day shipping benefits do not include Retailer processing time; Retailers may have different processing times which may also impact the delivery of the shipment. These Policies do not reflect product availability or the actual shipping date. Neither we nor any Retailer guarantees delivery of products within the estimated transit time or by the estimated delivery date. Note that the Retailer may provide you with additional shipment information at the time of your order (e.g., product stock-outs, back-orders, or other potential delays). The Retailer may ship the products by ground or air at ShopRunner’s or the Retailer’s discretion (the terms “ground” and “air” do not correspond to any carrier-branded shipping services). If only some items in your order are eligible for the Service, you acknowledge and agree that you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences may affect Service eligibility, depending on each Retailer’s policies.

RETURN


For items shipped via Digitalkuki we will provide you with a postage paid return label that can be used to send digitalkuki eligible items back to the retailer. While you will need to initiate the return process through ShopRunner or the Retailer, in all cases ShopRunner members need to follow the retailer’s return policies and instructions. If a particular retailer offers free shipping on returns we will direct you to return the ShopRunner eligible item through the retailer’s standard process. To obtain your pre-paid return label simply sign in to the My Account section on www.digitalkuki.com. Next to each eligible order there is a link to generate a pre-paid return label. Print the label, affix it to your return packaging and follow the rest of the retailer’s return instructions. Please remember that only items shipped via ShopRunner are eligible for free returns. If you purchase a non-ShopRunner eligible item from a participating retailer or if you purchase items from any ShopRunner participating retailer prior to joining ShopRunner, you will not be able to obtain a pre-paid return label from us for those items. Also note that some Retailers may charge restocking fees or fees on returns of non-defective items, or may provide refunds for returns in the form of store credits only. Please see our FAQs for more information about these fees.

IX. Membership Fees
If you are purchasing a membership subscription for yourself, you agree to pay the applicable fee for your membership subscription and you agree to the automatic renewal provisions set forth in these Policies and at the time you subscribe. From time to time, we may offer different subscriptions terms, and the membership fees for such subscriptions may vary. We only accept credit cards or PayPal for payment of your Digitalkuki membership. The DK membership fee is non-refundable except as expressly provided in these Policies. Taxes may apply (and digitalkuki may collect such taxes by charging your credit card) on either or both of the membership fee and the shipping benefits for the Service. Membership fees are fully earned upon payment. digitalkuki only accepts India billing addresses

Cancellation


To cancel your membership, login to your DK account, go to My Account, and select “Cancel Membership” to cancel your membership at the end of your existing membership term, or select “Cancel Membership” and then “Refund my existing term” to cancel your membership immediately. You may also, contact ShopRunner Member Services at digitalkuki.com.
Refunds requested through My Account will be issued as follows:

Monthly Paid Membership With/Without Usage of digitalkuki Benefits: Should a customer request a refund upon cancellation of a digitalkuki Monthly Membership, we will automatically refund the current month’s fee.

Annual Paid Membership – No Usage Outside of a Free Trial: Should a customer request a refund upon cancellation in the first year of a digitalkuki Annual Paid Membership that has not yet been used, we will automatically refund the current year’s fee.

Annual Paid Membership – Usage Outside of a Free Trial: Should a customer request a refund upon cancellation in the first year of a ShopRunner Annual Paid Membership that has been used, we will refund as follows:
- If the membership is cancelled within the first 45 days, we will issue a full refund.
- If the membership is cancelled after the first 45 days, we will issue a prorated refund based on a calculation of the days remaining in the membership period.

Annual Paid Memberships Following Renewal:
- If the membership is cancelled within the first 45 days after renewal, we will issue a full refund of the current membership fee regardless of usage.
- If the membership is cancelled more than 45 days after renewal, we will issue a prorated refund of the renewal fee based on a calculation of the days remaining in the membership period.

 

GENERAL

Force Majeure.Digitalkuki 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.Digitalkuki may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

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

Effect of Waiver. The failure of Digitalkuki 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; This Website originates from the Moreh, Manipur This Agreement will be governed by the laws of the State of Manipur without regard to its conflict of law principles to the contrary. Neither you nor Digitalkuki 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 Manipur By using this Website or ordering Products, you 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. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You 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, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU 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.Digitalkuki 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 Digitalkuki 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,Digitalkuki 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 Digitalkuki chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Digitalkuki 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. You may not assign your rights and obligations under this Agreement to anyone. Digitalkuki may 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.

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