Terms And Conditions

INTRODUCTION:

www.probasicsindia.com is an online service owned, operated and managed by PROBASICS NUTRITION INDIA PRIVATE LIMITED hereafter called as “ PROBASICS NUTRITION “ While using the website, you are deemed to have accepted the terms and conditions of the company or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at probasicsnutrition@gmail.com or info@probasicsindia.com . or call us on +91 7290067100. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

OWNERSHIP OF RIGHTS:

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of PROBASICS NUTRITION. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by PROBASICS NUTRITION or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

GENERAL TERMS OF USE:

  • Being eligible to use and by using the website or through any other mode of communication/ by making generating any relevant codes during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
  • User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the PROBASICS NUTRITION, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
  • We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
  • PROBASICS NUTRITION may also require additional verifications or information. PROBASICS NUTRITION will contact the User if all or any portion of User’s verification is cancelled or if additional information is required to accept the User’s verification process.
  • PROBASICS NUTRITION Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
  • Limitation of Liability: Under no circumstances PROBASICS NUTRITION’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
  • These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Mumbai (India) only.

USAGE RESTRICTIONS:

You shall not use the Website for any of the following purposes:
  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes acriminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer / network systems.
  • Interfering with any other person’s use or enjoyment of the Website.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the Website.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
  • Belongs to another person and to which you do not have any right to;
  • Harm minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Impersonate another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Computer resource including the Website;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

YOU ARE ALSO PROHIBITED FROM:

  • Violating or attempting to violate the integrity or security of the Website or its content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the
    Website that is disruptive or competitive to the provision of services by us;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  • making any unsolicited communications to other users of the Website;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars
    or intelligent agents) to navigate or search the Website;

INDEMNITY:

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless PROBASICS NUTRITION, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to PROBASICS NUTRITION or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

ELIGIBILITY TO USE:

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

REFUSAL OF SERVICE:

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service or in any other natural accidents, pandemics or any act of God.

COPYRIGHT & TRADEMARK:

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us . Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The PROBASICS NUTRITION names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of PROBASICS NUTRITION or licensed to PROBASICS NUTRITION. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non- commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of PROBASICS NUTRITION or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of PROBASICS NUTRITION and is also protected by Indian and international copyright laws. We don’t offer any Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.

OBJECTIONABLE MATERIAL:

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

TERMINATION:

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to PROBASICS NUTRITION. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

WEBSITE SECURITY:

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
  • Accessing data not intended for you or logging onto a server or an account which you are not
    authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or
    authentication measures without proper authorization;
  • Attempting to interfere with service to any other user, host or network, including, without limitation,
    via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’
    or ‘crashing;
  • Sending unsolicited email, including promotions and/or advertising of products or services; or

  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup
    posting. Violations of system or network security may result in civil or criminal liability. We will
    investigate occurrences that may involve such violations and may involve, and cooperate with, law
    enforcement authorities in prosecuting users who are involved in such violations. You agree not to
    use any device, software or routine to interfere or attempt to interfere with the proper working of this

    Website or any activity being conducted on this Website. You agree, further, not to use or attempt to
    use any engine, software, tool, agent or other device or mechanism (including without limitation
    browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than
    the search engine and search agents available from PROBASICS NUTRITION call us on +91
    7290067100 mentioned on this Website and other than generally available third party web browsers
    (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

“We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls. Accordingly, PROBASICS NUTRITION shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third party gateways and or website. PROBASICS NUTRITION shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.”

COMPLETE AGREEMENT:

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

FEEDBACK / SUGGESTION / GRIEVANCES:

If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer who will address your issue within one month of time of raised.