Terms & conditions
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, www.nmpublishers.com (the "Website"), Navina Mithra ("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. Navina Mithra 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. Navina Mithra will alert you that changes or revisions have been made by indicating on the bottom 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. Navina Mithra 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 Navina Mithra 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.
PRODUCTS
Terms of Offer. This website sells certain products ("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 Navina Mithra 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 Navina Mithra 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: nmpublications4@gmail.com
Proprietary Rights: Navina Mithra has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Navina Mithra. Navina Mithra 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.
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. The information on this website is often compiled from various sources and is not always created by Navina Mithra. To the extent that Navina Mithra 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. Navina Mithra does not endorse the contents on any such third-party websites. Navina Mithra 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.
Navina Mithra is not liable for any damages arising from the use of this website. 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. Using this Website grants you a limited, non-exclusive, non-transferable right to use its content and materials for your normal, noncommercial purposes. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Navina Mithra 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 Navina Mithra 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. Navina Mithra 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. Navina Mithra is not liable for any damage or harm resulting from any posts by or interactions between users. Navina Mithra reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Navina Mithra deems objectionable, in Navina Mithra's sole discretion.
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. Navina Mithra 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, Navina Mithra 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.
LIMITATION OF LIABILITY
Navina Mithra 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.
Navina Mithra 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.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Navina Mithra, 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 Navina Mithra. When Navina Mithra is threatened with suit or sued by a third party, Navina Mithra may seek written assurances from you concerning your promise to indemnify Navina Mithra; your failure to provide such assurances may be considered by Navina Mithra to be a material breach of this Agreement. Navina Mithra 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 Navina Mithra choice at its expense. Navina Mithra 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 Navina Mithra against any claim, but you must receive Navina Mithra 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.
PRIVACY
Navina Mithra believes strongly in protecting user privacy and providing you with notice of Navina Mithra's use of data. Please refer to Navina Mithra privacy policy, incorporated by reference herein that is posted on the Website.
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.
GENERAL
Force Majeure. Navina Mithra 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. Navina Mithra 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 Navina Mithra and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Navina Mithra 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; India. This Website originates from Chennai. This Agreement will be governed by the laws of the State of TamilNadu without regard to its conflict of law principles to the contrary. Neither you nor Navina Mithra will start or continue any legal action to enforce this Agreement, recover damages for its breach, or address any issues arising from it, except in courts located in the State of Tamil Nadu. 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. Navina Mithra 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. Upon termination, you cannot use the Website. Navina Mithra may cancel any outstanding orders without notice. If your access to the Website is terminated, Navina Mithra 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 Navina Mithra chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Navina Mithra 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. Navina Mithra 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.
Contents & Products
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Contents available on the pages of www.nmpublishers.com are for your general information and they are subject to any change without any notification given to you. We may also communicate with you via electronic means, or by posting notices on our website. It is understood that you are aware of all our notifications.
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You may browse our site and use our services for your personal use, but you are not allowed to modify, edit, copy or download any portion of www.nmpublishers.com. Unauthorised use of site or any portion of site may offer ascent to a case for damages or harms that can also be a criminal offence.
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To use different services of our site, you need to create an account by providing your e-mail address & other details. You will be responsible & accountable for the accuracy & activities of your account. Protecting your password and restricting access to your computer are also your responsibility, and Navina Mithra cannot be held responsible or accountable for any damage to your personal information.
www.nmpublishers.com allows comments, reviews, questions, and suggestions. However, you must not post content that is foul, defamatory, obscene, illegal, infringing on rights, invasive of privacy, injurious to image, objectionable, spam, or mass mailings.
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You allow www.nmpublishers.com to use contents & materials posted/submitted by you about/on this site. We have full permission to use your contents in a royalty-free, nonexclusive, irrevocable, and fully licensable manner. We also have full right to publish, reproduce, use, copy, adapt, distribute, translate or display those contents in any form, anywhere in the world.
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Navina Mithra is neither responsible nor accountable for any activity or content posted by you or any third party or user. Once items are delivered to the carrier, we are not responsible for loss or title risks.
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Most of the information available on www.nmpublishers.com is accurate, but we do not guarantee for any contents of the site. We cannot be held responsible or accountable for any wrong information, details, descriptions, etc. If the item or items delivered to you differ from their description on our site, you may return them to us in an unused condition. We will process the return in accordance with our return and refund policy.
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In case of any disputes regarding your visit to our site, or purchase of any items from our site, actions will be taken as per the law of land. Arbitration will be conducted according to the rules & prevailing laws of India. However, www.nmpublishers.com will not be liable for any damage caused by any third party in any circumstances.
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Navina Mithra does not give any warranty for any of its services, descriptions, contents, items, products, etc. We do not warrant that our site is free from viruses or other harmful components, and it is understood that you use this site at your own risk. We will not be responsible & accountable for any of damages caused by this site or related members.