Terms & Conditions

TERMS OF SERVICE AGREEMENT


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, vsonlineshopping.com (the "Website"), VS Enterprises ("Business Name") 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. VS Enterprises 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. VS Enterprises 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. VS Enterprises encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the 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 VS Enterprises 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.

I. 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 VS Enterprises 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 VS Enterprises 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 unsubscribe@vsonlineshopping.com.

3. You may send a written remove request to #14, Webster Road, Cox Town, Bangalore - 560 005.

Proprietary Rights. VS Enterprises has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by VS Enterprises. VS Enterprises 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.

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. VS Enterprises does not always create

the information offered on this Website; instead, the information is often gathered

from other sources. To the extent that VS Enterprises does create the content on

this Website, such content is protected by intellectual property laws of 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, non-commercial use. Any links to third-party

websites are provided solely as a convenience to you. VS Enterprises does

not endorse the contents on any such third-party websites. VS Enterprises 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; VS Enterprises 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, nontransferable

right to use the content and materials on the Website in connection with

your normal, non-commercial, 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 VS Enterprises 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 VS Enterprises 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. VS Enterprises

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. VS Enterprises is not liable for any

damage or harm resulting from any posts by or interactions between users.

VS Enterprises reserves the right but has no obligation, to monitor interactions

between and among users of the Website and to remove any content VS Enterprises deems objectionable, in its sole discretion.

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. VS Enterprises 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, VS Enterprises

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

VS Enterprises 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, FOR

PRODUCTS PURCHASED VIA THE WEBSITE.

VS Enterprises 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 VS Enterprises, 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 VS Enterprises. When VS Enterprises is threatened with suit or sued

by a third party, VS Enterprises may seek written assurances from you concerning

your promise to indemnify VS Enterprises; your failure to provide such assurances

may be considered by VS Enterprises to be a material breach of this Agreement.

VS Enterprises 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 VS Enterprises choice at its expense. VS Enterprises 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 VS Enterprises against any claim, but

you must receive VS Enterprises 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

VS Enterprises believes strongly in protecting user privacy and providing you with

notice of MuscleUP Nutrition 's use of data. Please refer to VS Enterprises privacy

policy, incorporated by reference herein, that is posted on the Website.

VI. 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. VS Enterprises 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. VS Enterprises 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 VS Enterprises and supersedes any prior agreements pertaining to the subject

matter contained herein.

Effect of Waiver. The failure of VS Enterprises 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; Jurisdiction. This Website originates from Bangalore, Karnataka.

This agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor VS Enterprises 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 [State Name]. 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. VS Enterprises 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 VS Enterprises 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, VS Enterprises 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 VS Enterprises chooses,

in its sole discretion and without advance to you, to terminate it.

Domestic Use. VS Enterprises 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. VS Enterprises 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.