www.proquestnutrition.com (‘Website’) is an online service owned, operated and managed by ProQuest Nutrition Pvt Ltd. (‘ProQuestNutrition’ or ‘we’ or ‘us’). In using/accessing the ProQuest Nutrition website,you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), 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 firstname.lastname@example.org or call us on +91-9015200222. 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 ProQuest 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 ProQuest Nutrition or its licencors. 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.
ACCURACY OF CONTENT AND INVITATION TO OFFER:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of ProQuest Nutrition prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
o User is hereby authorized to use the website for lawful purpose and for the purposes as mentioned under the policies of the ProQuest Nutrition and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
o ProQuest Nutrition strives to provide best prices possible on products and services to users buying or availing from the Website. However, ProQuest Nutrition does not guarantee that the price will be the lowest in the city, region or geography.Prices and availability are subject to change without notice or any consequential liability on the ProQuest Nutrition;
o The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
o All offers on Products shall be for limited stocks and are for limited period(s). ProQuest Nutrition may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
o A promo code, once used shall not be refunded in case of cancellation of order either by Customer or ProQuest Nutrition;
o 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;
o ProQuest Nutrition may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever,cancel the orders placed by Users. ProQuest Nutrition’s decision of cancellation of order shall be final and ProQuest Nutrition shall not be liable for such cancellation(s) whatsoever;
o Expected delivery time as mentioned on website may vary than the usual time of delivery;
o ProQuest Nutrition strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, ProQuest Nutrition may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation;
o ProQuest Nutrition shall have right to modify the price of a product or service anytime, without any prior information;
o Cancellation by ProQuest Nutrition: There may be certain orders that ProQuest Nutrition is unable to accept and must cancel. ProQuest Nutrition reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever,without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes,without limitation, non availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by ProQuest Nutrition’s credit and fraud avoidance department;
o ProQuest Nutrition may also require additional verification or information before accepting any order. ProQuest Nutrition will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;
o Cancellation by the User: In case of requests for order cancellations, ProQuest Nutrition,at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if ProQuest Nutrition receives a cancellation notice and the order has not been processed/ approved by ProQuest Nutrition, ProQuest Nutrition shall cancel the order and refund the entire amount to User within a reasonable period of time;
o ProQuest Nutrition will not be able to cancel orders that have already been processed,it is pertinent to note that the ProQuest Nutrition has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the ProQuest Nutrition is acceptable to User and User shall not create any dispute on the decision taken by ProQuest Nutrition on cancellation;
o ProQuest Nutrition reserves the right to cancel any orders that classify as ‘Bulk Order’as determined by ProQuest Nutrition as per certain criteria. ProQuest Nutrition Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
1. Products ordered are not for self-consumption but for commercial resale;
2. Multiple orders placed for same product at the same address;
3. Bulk quantity of the same product ordered;
4. Invalid address given in order details;
5. Any malpractice used to place the order.
o ProQuest 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;
o Limitation of Liability: Under no circumstances ProQuest Nutrition’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
o These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.
You shall not use the Website for any of the following purposes:
o Disseminatingany unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,obscene, or otherwise objectionable material.
o Transmittingmaterial that encourages conduct that constitutes a criminal offence, resultsin civil liability or otherwise breaches any relevant laws, regulations or codeof practice.
o Gainingunauthorised access to other computer / network systems.
o Interferingwith any other person’s use or enjoyment of the Website.
o Breachingany applicable laws.
o Interferingor disrupting networks or websites connected to the Website.
o Making,transmitting or storing electronic copies of materials protected by copyrightwithout 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
o belongsto another person and to which you do not have any right to;
o isgrossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,paedophilic, libellous, invasive of another’s privacy, hateful, or racially,ethnically objectionable, disparaging, relating or encouraging money launderingor gambling, or otherwise unlawful in any manner whatever;
o harmminors in any way;
o infringesany patent, trademark, copyright or other proprietary rights;
o violatesany law for the time being in force;
o deceivesor misleads the addressee about the origin of such messages or communicates anyinformation which is grossly offensive or menacing in nature;
o impersonateanother person;
o containssoftware viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer resourceincluding the Website;
o threatensthe unity, integrity, defence, security or sovereignty of India, friendlyrelations with foreign states, or public order or causes incitement to thecommission of any cognisable offence or prevents investigation of any offenceor is insulting any other nation.
You are also prohibited from:
o violatingor attempting to violate the integrity or security of the Website or itscontent;
o transmittingany information (including job posts, messages and hyperlinks) on or throughthe Website that is disruptive or competitive to the provision of services byus;
o intentionallysubmitting on the Website any incomplete, false or inaccurate information;
o makingany unsolicited communications to other users of the Website;
o usingany engine, software, tool, agent or other device or mechanism (such asspiders, robots, avatars or intelligent agents) to navigate or search theWebsite;
o attemptingto decipher, decompile, disassemble or reverse engineer any part of theWebsite;
o copyingor duplicating in any manner any of the content on the Website or otherinformation available from the Website;
o framingor hotlinking or deeplinking any content on the Website.
We reserve the right, at our sole discretion,to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion,to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice. Our promotional offers/discounts are not site wide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.
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 ProQuest 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 in actions,which may result in any loss or liability to ProQuest 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. If you are registering as a business entity,you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. 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. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. 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. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. 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.