Terms and condition
Terms and Conditions
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. badilny does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that badilny 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. badilny does not endorse the contents on any such third-party websites. badilny 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; badilny 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 badilny or the applicable third party (if third party content is at issue).
You will release, indemnify, defend and hold harmless badilny, 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 badilny. When badilny is threatened with suit or sued by a third party, badilny may seek written assurances from you concerning your promise to indemnifybadilny; your failure to provide such assurances may be considered by badilny to be a material breach of this Agreement.badilny 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 badilny choice at its expense. badilny 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 badilny against any claim, but you must receive badilny 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.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit badilny liability in respect of any:
1. death or personal injury caused by badilny negligence;
2. fraud or fraudulent misrepresentation on the part of badilny ; or
3. matter which it would be illegal or unlawful for badilny to exclude or limit, or to attempt or purport to exclude or limit, its liability.
These limitations of liability apply even if badilny has been expressly advised of the potential loss.
LIMITATION OF LIABILITY
badilny 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.
badilny 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.
Force Majeure.badilny 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. badilny may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website and distribution of the
Entire Agreement. This Agreement comprises the entire agreement between you
and badilny and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of badilny 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
Agreement will be governed by the laws of the State of without
regard to its conflict of law principles to the contrary. Neither you nor badilny will commence or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement. 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
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. badilny 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 badilny 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, badilny 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 badilny chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use. badilny 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. badilny 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.