Terms & Conditions
LAST REVISION: [26th
December, 2023]
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, [https://enaildiaries.com/]
(the “Website”), Enaildiaries (“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. [Enaildiaries] 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. Enaildiaries 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. Enaildiaries 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 Enaildiaries 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 Enaildiaries 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 Enaildiaries 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 an email from your email address to enaildiaries@gmail.com
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. Enaildiaries does not always create the information offered on this
Website; instead the information maybe gathered from other sources. To the
extent that Enaildiaries 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. Enaildiaries does not endorse the
contents on any such third-party websites. Enaildiaries 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; Enaildiaries 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 Enaildiaries 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 Enaildiaries
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. Enaildiaries
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. Enaildiaries is not
liable for any damage or harm resulting from any posts by or interactions
between users. Enaildiaries reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any
content Enaildiaries 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. Enaildiaries 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, Enaildiaries 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
Enaildiaries 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.
Enaildiaries 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 Enaildiaries, 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 Enaildiaries. When Enaildiaries is
threatened with suit or sued by a third party, Enaildiaries may seek written
assurances from you concerning your promise to indemnify Enaildiaries; your
failure to provide such assurances may be considered by Enaildiaries to be a
material breach of this Agreement. Enaildiaries 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 Enaildiaries choice at
its expense. Enaildiaries 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 Enaildiaries against any claim, but you must receive Enaildiaries
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
Enaildiaries believes
strongly in protecting user privacy and providing you with notice of Enaildiaries’s
use of data. Please refer to Enaildiaries 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. Enaildiaries 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 Enaildiaries 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 Enaildiaries and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of Enaildiaries 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 Ahmedabad, Gujarat. This Agreement will be governed by
the laws of the State of Gujarat without regard to its conflict of law
principles to the contrary. Neither you nor Enaildiaries
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 Gujarat. 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. Enaildiaries 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 Enaildiaries 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, Enaildiaries
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 Enaildiaries chooses, in
its sole discretion and without advance to you, to terminate it.
Domestic Use. Enaildiaries
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. Enaildiaries 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.