TERMS AND CONDITIONS OF IOZA LEARNING

LAST REVISION: [20-02-2023]

PLEASE READ THIS TERMS AND CONDITIONS OF Ioza Learning CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE OF Ioza Learning, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. This terms and conditions of Ioza Learning (the “Agreement”) governs your use of this website, Website Address, [Ioza Learning] (“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. [Ioza Learning] 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.

2. [Ioza Learning] 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 of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [Ioza Learning] 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.

3. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Ioza Learning] 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 centre reps or direct [Ioza Learning] 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 [Ioza Learning] and its designated in house or third party call team(s).

Opt Out Procedure: 

We provide 3 easy ways to opt out from future solicitations.

      1. You may use the opt out link found in any email solicitation that you may receive.

      1. You may also choose to opt out, via sending your email address to: [support@ioza.in].

      1. You may send a written removal request to [Ioza Learning]

        1. Proprietary Rights. [Ioza Learning] has proprietary rights and trade secrets in the

        1. Products. You may not copy, reproduce, resell or redistribute any Product

        1. manufactured and/or distributed by [Ioza Learning]. [Ioza Learning] also has

        1. rights to all trademarks and trade dress and specific layouts of this webpage,

        1. including calls to action, text placement, images and other information.

      1. GST. If you purchase any Products, you will be responsible for paying any applicable GST.

      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. [Ioza Learning] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [Ioza Learning] does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorised 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. Ioza Learning] does not endorse the contents on any such third-party websites. [Ioza Learning] 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: 

      [Ioza Learning] 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 Licence.

      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 [Ioza Learning] 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 [Ioza Learning] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and licence 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. [Ioza Learning] 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. [Ioza Learning] is not liable for any damage or harm resulting from any posts by or interactions between users. [Ioza Learning] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content [Ioza Learning] deems objectionable, in MuscleUP Nutrition ‘s 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. [Ioza Learning] 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, [Ioza Learning] 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

      [Ioza Learning] 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.
      [Ioza Learning] 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 [Ioza Learning], 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 [Ioza Learning]. When [Ioza Learning] is threatened with suit or sued
      by a third party, [Ioza Learning] may seek written assurances from you concerning
      your promise to indemnify [Ioza Learning]; your failure to provide such assurances
      may be considered by [Ioza Learning] to be a material breach of this Agreement.
      [Ioza Learning] 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 [Ioza Learning] choice at its expense. [Ioza Learning] 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 [Ioza Learning] against any claim, but
      you must receive [Ioza Learning] 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

      [Ioza Learning] believes strongly in protecting user privacy and providing you with
      notice of MuscleUP Nutrition ‘s use of data. Please refer to [Ioza Learning] 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.

      [Ioza Learning] 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. [Ioza Learning] 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 [Ioza Learning] and supersedes any prior agreements pertaining to the subject
      matter contained herein.

      Effect of Waiver.

      The failure of [Ioza Learning] 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 the [Kolkata, West Bengal]. This
      Agreement will be governed by the laws of the State of [West Bengal] without
      regard to its conflict of law principles to the contrary. Neither you nor [Ioza Learning] 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 [West Bengal]. 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.

      [Ioza Learning] 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 [Ioza Learning] 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, [Ioza Learning] reserves the right to exercise
      Whatever means it deems necessary to prevent unauthorised access of the Website.
      This Agreement will survive indefinitely unless and until [Ioza Learning] chooses,
      in its sole discretion and without advance to you, to terminate it.

      Domestic Use.

      [Ioza Learning] 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. [Ioza Learning] 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