A. Conditions of Sale
B. Terms of Service Agreement 


A. CONDITIONS OF SALE

LAST REVISION: [30/09/2019]

OUR GOAL IS 100% CUSTOMER SATISFACTION….

1. WELCOME

Welcome to the website the Printandship.in a property of KUMAR NEW ERA PRINTING SERVICES LLP, an Indian Company registered under the Companies Act, 2013 having its registered office at B 1721, Indira Nagar Lucknow 226016 (UP). By using this site to create and order a Product, you (the Customer) are entering into a legally binding agreement between Printandship.in and yourself based on these Terms and Conditions. It is the Customer’s responsibility to carefully read these Terms and Conditions before using this website. The Customer’s use of the Printandship.in website is contingent upon their agreement and acceptance of the Printandship.in Privacy Policies, as well as the following Terms and Conditions. If the Customer does not wish to be bound by these Policies and Conditions, they should not access or use the Printandship.in website or services. Printandship.in has the right to modify the Terms and Conditions at any point in time without any notice to the Customer.

2. DESIGN

2.1 OUR COMMITMENT

The Printandship.in Design Department provides a high level of design work, the correct number of revisions, adhering to specified turnaround times, etc.

2.2 DESIGN SERVICE

Design services may be free for the customer if customer chooses one of our templates, they may choose their own text to replace our text in design template. In all other cases there may be a charge applicable. Printandship.in will evaluate the work involve get back the charges, however it will be very reasonable. All pricing provided on the website or through staff quotations will be calculated based on in-house printing through Printandship.in unless otherwise stated. In the event that the Customer chooses to take the final design and for printing elsewhere, additional design fees will be applied to the order unless stated otherwise.

2.3 REVISIONS

The purpose of providing an official revision is to assist the Customer in the design process. The goal is to create a logo and / or design that the Customer finds satisfactory to their needs. Official revisions are used only for small modifications, typographic edits, changes to the color palette, and additions to the provided design (proofs). A revision does not include a complete re-design or additional designs (proofs) provided to the Customer.

During the revision process, Printandship.in designers may request additional information from the Customer. If this content is not supplied, or there is no response to the request, Printandship.in may, after a period of time, and at its discretion, place the project on hold and discontinue any work on the project. Printandship.in will not be held accountable for any deadlines missed or changes in a projected and communicated timeline due to such delays. If a project has been on hold for 30 days with no response from the Customer, the file will automatically be closed and no refund will be given.

2.4 SAVED DESIGNS

Due to the high number of files created and received, Printandship.in may not save old files internally. Files attached to orders may be removed 1 month after the file is uploaded. All Customers are responsible for saving all completed design files themselves, and Printandship.in will not be held accountable for any missing files after the allotted time frame has passed.

2.5 DESIGN OWNERSHIP

All approved designs created by Printandship.in and released to the Customer are owned exclusively by the Customer. However, if the Customer has not paid design fee, all approved designs are owned exclusively by Printandship.in and can be utilized for other purposes. Printandship.in retains the right to display the final design on the company website under a portfolio showcasing previous work. Custom work that is not approved as the final design by the Customer will remain under ownership of Printandship.in and can be utilized for other purposes.

Printandship.in suggests that all approved logos be trademarked. Trademarking services are available to the Customer at an additional fee through a third party law firm.

Additionally, the Customer agrees that all content provided to Printandship.in is free from any existing copyrights by a third party. Such content does not have to bear a copyright notice in order to be protected by a copyright law. Therefore, the absence of a copyright notice does not insure the right to reproduce such protected material. Such elements may include but are not limited to: images, fonts, graphics, logos, company names, etc. It is the responsibility of the Customer to ensure that such a copyright does not exist, and to acknowledge and agree that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. In conjunction with these warranties, the Customer agrees to indemnify and discharge Printandship.in from any and all liabilities, damages, and attorney fees that may result in any sort of copyright infringement, whether intentional or not by the Customer. The Customer will, at their own expense, promptly and thoroughly defend Printandship.in in all legal actions on these grounds as long as Printandship.in notifies the Customer of the legal action and gives them reasonable time to undertake and conduct a defense.

The Customer also confirms that any provided content does not contain anything that is libelous or scandalous, or anything that threatens any person’s right to privacy or any other personal or economic rights.

2.6 RESPONSIBILITY OF CONTENT/IMAGE RIGHTS

KUMAR NEW ERA PRINTING SERVICES LLP (Printandship) doesn’t hold any legal responsibly on content, that includes any graphics or images ordered by customer. Printandship just print without any alteration. Customer will completely be responsible for their own content.

2.7 CANCELLATIONS AND REFUNDS

It is possible that through the course of a design project the creative efforts of the Designer do not align with the expectations of the Customer. In the event that the Customer wishes to cancel a design project before completion, a partial refund may be considered. Design fees are based on the time spent in development of concepts and not a specific result. Therefore, design fees are still applicable in varying amounts based on work completed, even if a finalized product has not been made.

Printandship.in retains the right to terminate a project completely, at any time, at their discretion. Reasons for such a termination may include but are not limited to: abusive or abrasive language, poor communication, etc. If the project is terminated for reasons such as abusive language, the Customer may not be eligible for a full refund.

3. PRODUCTION AND PRINTING

3.1 PROOFS

A digital proof of work will be submitted for the Customer’s approval prior to being sent for printing, the colors of printed items must not be the same so therefore it might have 5-10% color different between the printed matters, front and back sides might have color different especially with regard to solid background colors. The Customer is then responsible for carefully reviewing the proof and order prior to submission in the interest of avoiding errors. Once an order is accepted and confirmed by the Customer, no liability is accepted by Printandship.in for any errors not noticed or corrected by the Customer on the proof. Printandship.in will not accept any changes to an order that has been confirmed and sent to printing. Should the Customer choose to ask Printandship.in to print the Product without their review or approval, Printandship.in will not be responsible for any flaws, errors, or problems of any sort on the Product, and a re-print option will not be available. If The Customer chooses to upload a file, we strongly recommend that The Customer submits a print-ready file in vector format with all text outlined. Any modifications made to files by Printandship.in to get them print ready may be subject to design fees on a case by case basis. As such, Printandship.in is not responsible for any errors in the Product, including but not limited to: misspelling, bleeds, grammar, damaged fonts, low quality images and graphics, punctuation, crop marks, transparency, overprint, incorrect colors, insufficient safe margins, etc.

3.2 COLOR & RESOLUTION

While all reasonable efforts will be made to ensure color accuracy, Printandship.in does not guarantee that an exact color match will occur between the Customer’s artwork, imaging, files, or previously printed materials due to inherent variations in the printing process. There is a 5-10% color shift that may occur due to press calibrations in printing, and color may shift during the course of a single press run or between separate runs.

Printandship.in also cannot guarantee color matching a preview or sample as it appears on a Customer’s monitor as we cannot compensate for individual display color variances. It is highly recommended that all designs and files be created in a CMYK color format in order to decrease the likelihood of color shifts occurring if a conversion from RGB to CMYK is necessary. It is possible to convert a RGB file into CMYK if the Customer is unable to provide one, however, many of the colors in RGB are not reproducible in a CMYK format and Printandship.in does not guarantee any color accuracy when doing such a conversion. We highly recommend that the Customer provides the pantone color codes when doing spot color printing.

3.3 FILE UPLOAD

Upon uploading a file Printandship.in can not tell the order of the files you upload. If customer needs them printed in a certain order please put that info in comments. If customer is sending a replacement file . customer MUST call us after you upload the file. Printandship.in has the right to give customer a no charge upgrade of paper. On the other hand if Printandship.in were giving customer a free upgrade due to special paper purchases , then when that inventory is used up customer get the paper that they ordered.

Low-resolution images don’t print well! Images taken off the Internet, particularly 72dpi jpegs looked jagged and fuzzy when printed. To avoid this Printandship.in recommend that images be at least 300dpi (dots per inch).

3.4 TURNAROUND TIME

The turnaround times posted by Printandship.in are for printing, and only begin after the Customer has sent approval for the digital proof. The Customer must acknowledge and agree that all listed turnaround times are estimates only and do not include shipping time. These times are calculated as business days and do not include weekends or holidays.

Unexpected failures, malfunctions, and / or technical problems with (printing) equipment may delay the printing process. If such a delay were to occur, Printandship.in may, at its discretion and on a case by case basis, provide compensation in the form of re-print discounts or expedited shipping. Technical difficulties or delays will not be grounds for order cancellations or refunds.

3.5 SHIPPING

Printed orders are to be shipped out by next business day, dependent on production lead time and product, as listed on the website. Shipping dates are calculated based upon estimates provided by the shipping companies utilized by Printandship.in. There is no way of guaranteeing any delivery dates including rush orders. Printandship.in is not liable for any delays in delivery caused by shipping companies, international customs issues, or any other circumstance beyond the direct control of Printandship.in.

Shipping companies require a physical address and a valid phone number in order to deliver a printing package, as they do provide a door to door service. PO Box addresses are not valid for delivery. In the event that a package is not delivered due to an error with the address provided by the Customer, Printandship.in or the couriers will reship the package with the correct address at the Customer’s expense. Product deliveries are subject to the corporate policies of the courier and the shipping company, and any policy put in place by those companies will apply to the Customer. If the Customer is not present at the provided delivery location, it is their responsibility to collect the package in accordance with the policies of the applicable shipping company. All products are shipped according to the address on the proof. It is the Customer’s responsibility to ensure that the proof has the correct shipping address listed. If no shipping address is listed it is the Customers responsibility to provide an address to prevent further shipping delays.

3.6 PRICING

All prices listed on the website are in Indian Rupees unless otherwise noted. All taxes (GST) are inclusive in listed prices, they will be separately shown in invoice. Shipping charges will be added to each invoice based on the shipping location and shipping priority. Any pricing provided in a quotation from Printandship.in will be valid for 14 days from the date the quote was provided. Printandship.in retains the right to change pricing options as well as any promotional offers at any time without prior notice unless otherwise noted.

Printandship.in reserve the right to refuse to any customer. Prices may vary without notice. This terms and policy agreement applies to PrintAndShip.in orders. The issuer of the credit card or any other payment method or the person or company identified ordering this project is authorized to pay the amount of the quote that was given to you. The final price is subject to the final count of the number of pages and the number of sets made. By placing a order on-line or by giving your card info by phone or orally authorize you agree to the terms and conditions of the above statement.

3.7 COUPONS / CREDITS

Coupon Codes must be submitted by the Customer at the time of order placement, and cannot be applied towards an order after the payment has been received. Additionally, a Coupon Code cannot be applied to any order previously made with Printandship.in. Coupon Codes cannot be combined with any other discounts or offers, and are not available for cash or credit back. Only one Coupon Code may be used per order.

All credits provided by Printandship.in are done on a case by case basis and at the discretion of Printandship.in staff. Credit amounts and processing details will be provided individually to the Customer by Printandship.in upon confirmation of the credit being issued. To claim a Printandship.in credit, the Customer must provide all necessary information regarding the credit. This includes the previous order number that the compensation was awarded for. Emails will not be sufficient proof to validate any credits. Any promo code generated by a credit will only be valid until the specified expiry date, and if any portion is unused, the credit will be forfeited and no further compensation will be awarded.

3.8 PAYMENT

Full payment is required prior to any orders being processed through to production. An order will not be processed under any circumstances before a full payment has been made using a valid credit card via PayPal & Paytm ,Google Pay) or cash funds. Payment method may be removed, or new method may be added. Actual available methods will be listed during checkout time. Printandship.in will not be liable for any delay in order completion due to a delay in payment. Proofs are not emailed to Customers until after payment has been made for the order. We don’t store any Credit card information at our website, even payment is made over phone call. There will be $1.99 convenience fees will be changed to customers on Paypal international payments. 

3.9 ORDER CANCELLATIONS, RETURNS, OR REFUNDS

Due to the custom nature of the products sold by Printandship.in, an order cannot be cancelled or modified once it has been approved by the Customer and has been sent into production. Partial refunds may be available on orders that have begun processing but have not yet gone into production, and will be determined on a case by case basis. If a partial refund will be given, the refund will be calculated based on the portion of work that has not yet been completed. Any design charges will still be applicable if the Customer decides not to print after the design has been created.

Custom designs and artwork generated internally by the staffs of Printandship.in are subject to human error. If an error occurs in regards to pricing, stock, coating, turnaround time, or any other aspect of an order that is deemed to be at the fault of Printandship.in staffs, Printandship.in maintains the right to cancel the order and provide a full refund to the Customer. Alternatively, any miscommunication that occurs from the Customer to Printandship.in during the quoting process will not qualify the order for cancellation or refund. If any changes are made to an order, it will be viewed as a secondary order and will not qualify as a reprint.

In the event that a project is inactive for more than 15 days with no response from the customer, Printandship.in reserves the right to deduct a 25% cancellation fee from the order price if the project is cancelled and a refund is issued to the Customer. If a print project is inactive for 30 days, no refund will be issued and a credit will be applied that can be used for future print orders.

3.10 REPRINTS

A reprint will only be honored if a shipping or printing error occurs. Shipping errors occur when a package is damaged or lost after being accepted by the shipping provider. In the event that a shipping error occurs, the Customer is required to contact the shipping provider to open a file through them. Shipping providers require adequate evidence to approve a claim, and it is the Customer’s responsibility to provide proper proof (tracking number, pictures, samples, etc) for the shipping provider. Once the file is opened with the shipping provider, Printandship.in can file a claim to receive compensation. If the claim is not approved by the shipping provider, and / or Printandship.in is not compensated, then it is at the discretion of Printandship.in if a reprint can be honored. Customer may have to return shipment back to Printandship.in. Reprints for shipping errors will take a minimum of 2-4 weeks for approval after the Customer has contacted the shipping provider as shipping claims take 2-4 weeks to process.

Printing errors are classified as misprints or trimming issues that are caused by mistakes in the production process that are outside of machine error values. Machines are maintained and calibrated to function properly, and any shifts that occur with a product within these values will not be grounds for a reprint. The trim size of prints will have +-0.5mm to +-2 mm tolerance due to mechanism of the trimmer and/or the flattening issue when the print features would be added. A 3mm bleed is requested on all print files to account for any shifting that may occur. If there is a shift of +-2 mm or less tolerance due to mechanism of the trimmer or +-2mm or less different position between front and back. Printing both sides which might have 0.5 to +-2 mm printed position difference in between front and back sides and the issues must happen, there will be no grounds for a reprint. Additionally, there is potential for a 5-10% color shift on products between runs. An order will not qualify for a reprint if there is 5-10% of color shift from a previous order.

The same file will always be used during the reprint process. If the Customer requests any changes to the file, this will be considered a new order. Upon initial review of the design, Printandship.in will email the Customer any warnings about potential problems that may occur during printing. This email will be sent out during the proofing process, and it is the responsibility of the Customer to review these warnings prior to accepting the proof. If a proof is accepted and approved without any changes being made to the potential problem areas, Printandship.in will not accept any responsibility if the listed errors occur during printing, and a reprint will not be honored in these situations.

All complaints regarding print defects must be brought to the attention of Printandship.in within 10 business days of the receipt of order to be considered or reviewed for a reprint. If no contact or claim has been made within 14 days, the work shall be deemed to have been received, checked, and accepted by the Customer as fully complying with the accepted order specifications. In case of printing errors, contact Printandship.in with a description of the print defect. The email must contain 2 high resolution images attached for review; one showing a close up of the defect area, and the other showing 20 samples of the product with the same issue. A minimum of 5% of an order needs to be affected by the same printing error in order to qualify for a reprint. Printandship.in retains the right to request the full product be returned, at the Customer’s cost, for evaluation if deemed necessary. In the event that a product has been printed incorrectly at the fault of Printandship.in, a full reprint with be provided to the Customer at no additional cost. When possible, defective cards are removed prior to shipping. An order may be short up to 4% of the order quantity. More than 4% of cards are missing, at the discretion of Printandship.in, a partial refund, or a reprint may be issued.

Turnaround times for reprints will be the same as all standard turnaround times. Shipping will be determined by Printandship.in on a case by case basis. Complimentary shipping upgrades for reprints is assessed on a case by case basis at the discretion of Printandship.in.

3.11 REORDERS

Printandship.in will do it’s best to ensure that reorders are as similar to the previous order as possible. However, we are unable to guarantee that colors, paper, and print finishing will be identical.


B. TERMS OF SERVICE AGREEMENT

LAST REVISION: [30/09/2019]

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.printandship.in (the “Website”), KUMAR NEW ERA PRINTING SERVICES LLP (“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. KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP 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.

1. 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 KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP 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: printandship.in@gmail.com with subject unsubscribe.

3. You may send a written remove request to S-17 ADITYA PLAZA SEC 12/103, INDIRA NAGAR, LUCKNOW UP 226016, +91 7007 126528,+91-7985 371764

Proprietary Rights. KUMAR NEW ERA PRINTING SERVICES LLP has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by KUMAR NEW ERA PRINTING SERVICES LLP. KUMAR NEW ERA PRINTING SERVICES LLP 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.

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

2. 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. KUMAR NEW ERA PRINTING SERVICES LLP does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP does not endorse the contents on any such third-party websites. KUMAR NEW ERA PRINTING SERVICES LLP 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; KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP is not liable for any damage or harm resulting from any posts by or interactions between users. KUMAR NEW ERA PRINTING SERVICES LLP reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content KUMAR NEW ERA PRINTING SERVICES LLP deems objectionable, in MuscleUP Nutrition ‘s sole discretion.

3. 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. KUMAR NEW ERA PRINTING SERVICES LLP 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, KUMAR NEW ERA PRINTING SERVICES LLP 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.

4. LIMITATION OF LIABILITY

KUMAR NEW ERA PRINTING SERVICES LLP 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.

KUMAR NEW ERA PRINTING SERVICES LLP 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.

5. INDEMNIFICATION

You will release, indemnify, defend and hold harmless KUMAR NEW ERA PRINTING SERVICES LLP, 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 KUMAR NEW ERA PRINTING SERVICES LLP. When KUMAR NEW ERA PRINTING SERVICES LLP is threatened with suit or sued by a third party, KUMAR NEW ERA PRINTING SERVICES LLP may seek written assurances from you concerning your promise to indemnify KUMAR NEW ERA PRINTING SERVICES LLP; your failure to provide such assurances may be considered by KUMAR NEW ERA PRINTING SERVICES LLP to be a material breach of this Agreement. KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP choice at its expense. KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP against any claim, but you must receive KUMAR NEW ERA PRINTING SERVICES LLP 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.

6. PRIVACY

KUMAR NEW ERA PRINTING SERVICES LLP believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition ‘s use of data. Please refer to KUMAR NEW ERA PRINTING SERVICES LLP privacy policy, incorporated by reference herein, that is posted on the Website.

7. 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.

8. GENERAL

Force Majeure. KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of KUMAR NEW ERA PRINTING SERVICES LLP 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; State of Uttar Pradesh This Website originates from the Lucknow, UP. This Agreement will be governed by the laws of the State of Uttar Pradesh without regard to its conflict of law principles to the contrary. Neither you nor KUMAR NEW ERA PRINTING SERVICES LLP 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 Uttar Pradesh. 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. KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP 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, KUMAR NEW ERA PRINTING SERVICES LLP 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 KUMAR NEW ERA PRINTING SERVICES LLP chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. KUMAR NEW ERA PRINTING SERVICES LLP 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. KUMAR NEW ERA PRINTING SERVICES LLP may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

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TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT