TERMS OF SERVICE AGREEMENT

LAST REVISION: 20’ August ’2017

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERIVICES/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.emunshe.com (the "Website"), AVM and Associates ("AVM and Associates") offer of services  & products for purchase on this Website, or your purchase of services & products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. AVM and Associates 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. AVM and Associates 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. AVM and Associates 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 AVM and Associates 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. 

I. SERVICES

Terms of Offer. This Website offers for sale certain services (the "Services"). By placing an order for Service(s) 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 AVM and Associates sales reps, while they are calling you, of your desire to opt out from further direct communications and solicitations, you are agreeing to continue to receive further emails and call solicitations AVM and Associates and its designated in house or third party call team(s).  

Proprietary Rights. AVM and Associates has proprietary rights and trade secrets in the Products & Services. You may not copy, reproduce, resell or redistribute any service provided by AVM and Associates. AVM and Associates 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.

Goods & Service Tax. If you opt to receive any Service, you will be responsible for paying any applicable G.S.T.

II.WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products & Services available, this Website also offers information and marketing materials. AVM and Associates does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that AVM and Associates 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. AVM and Associates does not endorse the contents on any such third-party websites. AVM and Associates  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; AVM and Associates 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 AVM and Associates 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 AVM and Associates 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. AVM and Associates 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. AVM and Associates is not liable for any damage or harm resulting from any posts by or interactions between users. AVM and Associates reserves the right, but has no obligation, to monitor interactions between and among users of the Website.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS/SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVM and Associates 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 & SERVICES.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVM and Associates  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.

IV.LIMITATION OF LIABILITY

AVM and Associates ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, 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 AND OTHER CHARGES/TAX PAID BY AVM & ASSOCIATES ON BEHALF OF USER, FOR PRODUCTS & SERVICES PURCHASED VIA THE WEBSITE.

AVM and Associates 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.

V.INDEMNIFICATION

You will release, indemnify, defend and hold harmless AVM and Associates, 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/Services or your use of the Products/Services (including Trial Products/Services); (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 AVM and Associates. When AVM and Associates is threatened with suit or sued by a third party, AVM and Associates may seek written assurances from you concerning your promise to indemnify AVM and Associates; your failure to provide such assurances may be considered by AVM and Associates to be a material breach of this Agreement. AVM and Associates 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 AVM and Associates choice at its expense. AVM and Associates 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 AVM and Associates against any claim, but you must receive AVM and Associates 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.

VI.PRIVACY

AVM and Associates believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer to AVM and Associates privacy policy, incorporated by reference herein.

VII.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. 

VIII. GENERAL

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

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

Effect of Waiver. The failure of AVM and Associates 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; Delhi Jurisdiction. This Website originates from the New Delhi, Delhi. This Agreement will be governed by the laws of the State of New Delhi without regard to its conflict of law principles to the contrary. Neither you nor AVM and Associates 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 New Delhi. 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. AVM and Associates 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 AVM and Associates 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, AVM and Associates 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 AVM and Associates chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. AVM and Associates 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. AVM and Associates may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

IX.WEBSITE DISCLAIMER POLICY

The information contained in this website is for general information purposes only. The information is provided by www.emunshe.com, a property of AVM and Associates. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event we will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of AVM and Associates. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, AVM and Associates takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

X.WEBSITE PRIVACY POLICY

This Privacy Policy applies to the emunshe.com

eMunshe.com recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on eMunshe.com and other offline sources. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

Emunshe.com is a property of AVM and Associates an Indian setup having its registered office at 6402/4 Block-7, Dev Nagar, Karol Bagh New Delhi-110005.

XI. REFUND POLICY

eMunshe.com is committed to a high level of client service. This includes clearly communicating the costs associated with the service and the process we use to facilitate payment of fees. Below, please find our process for refund of money for incomplete services/no service.

When a payment of fee is made to eMunshe.com, the fees paid in advance are not earned in advance. eMunshe.com will earn the fees upon working on a client's matter. These fees accrue at different rates and times depending on the performance of service (e.g. obtaining Digital Signature, obtaining DIN, Name Approval, Filing, etc.,). If the client's service order is completed and there are outstanding fees and costs, the client may receive a final invoice from eMunshe.com of these final fees and costs. Alternatively, if the client's matter is completed and all outstanding fees and costs are paid, those monies are considered unearned fees. In the event of case completion, eMunshe.com will promptly returns all the remaining unearned fees to the client. In case, after completion of the services, there is balance fee to be paid by the client, eMunshe.com will raise an invoice and the balance payment will be due immediately.

Refunds are separate from the normal, above process of paying, retaining, earning, and returning service fees. Rather, refunds are typically the result of an incomplete service, accounting error, or other issues relating to the service.

Refund will not be given in the event of non completion of service due to part performance of certain acts required for the completion of said service, on the part of payer / service receiver.

eMunshe.com processes all written requests for refunds. eMunshe.com will review the entire contents of the client's physical, electronic, and billing file when processing the request. Within thirty (30) days, our firm will send a written response denying the request, requesting more information, or granting the request. The decision as to the response remains completely within the discretion of eMunshe.com. Ultimately, at eMunshe.com we would like to avoid the need of ever having to consider a refund. However, we are always aiming to be as transparent in our representation as possible. So we encourage our clients to ask their questions or communicate their concerns to our office immediately. We will then try to answer or address immediately. Such a process also permits our unit to continue to grow and improve its services.
If all the conditions are duly met then refund will be granted to user within thirty (30) days via. NEFT in the account details provided as well as authorized by the said user.

Users are not entitled to cancel the order & thereby get refunded as per the refund policy of eMunshe.com.

Information we collect

Contact information. We might collect your name, email, mobile number, phone number, street, city, state, pincode,  country and ip address.

Payment and billing information. We might collect your billing name, billing address and payment method when you buy a ticket. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our online payment partners Payumoney, Payubiz & Paytm.

Information you post. We collect information you post in a public space on our website or on a third-party social media site belonging to emunshe.com.

Demographic information. We may collect demographic information about you, events you like, events you intend to participate in, tickets you buy, or any other information provided by your during the use of our website. We might collect this as a part of a survey also.

Other information. If you use our website, we may collect information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

We collect information in different ways.

We collect information directly from you. We collect information directly from you when you register for an event or buy tickets. We also collect information if you post a comment on our websites or ask us a question through phone or email.

We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

Use of your personal information

We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.

We use information to respond to your requests or questions. We might use your information to confirm your registration for an event or contest.

We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.

We use information for security purposes. We may use information to protect our company, our customers, or our websites.

We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy tickets from us we'll enroll you in our newsletter.

We use information to send you transactional communications. We might send you emails or SMS about your account or a ticket purchase.

We use information as otherwise permitted by law.

Sharing of information with third-parties

We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.

We will share information with the event organizers. We share your information with event organizers and other parties responsible for fulfilling the purchase obligation. The event organizers and other parties may use the information we give them as described in their privacy policies.

We will share information with our business partners. This includes a third party who provide or sponsor an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies.

We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.

We may share your information for reasons not described in this policy. We will tell you before we do this.

Email Opt-Out:
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email emunshe@gmail.com It may take about ten days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.

Third party sites

If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

Updates to this policy

This Privacy Policy was last updated on 04.06.2016. From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

Jurisdiction

If you choose to visit the website, your visit and any dispute over privacy is subject to this Policy and the website's terms of use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India.

If you have any questions about this Policy or other privacy concerns, you can also contact at emunshe@gmail.com

 

BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.