The Site is only to be used for your personal use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time.
By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. Accessing, browsing or otherwise using the site indicates your unconditional agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
Privacy Practices
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Muscle Transform in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Muscle Transform.
Product & Services
The products and services available on the Site, and the samples, if any, that Muscle Transform may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
In case any products or Healthcare services purchased / received / availed causes side effects or doesn’t suit you, please note that Muscle Transform is in no manner responsible for any manufactural side-effects or service. You should carefully read the individual terms and conditions in relation to the products and Healthcare services and consult a specialist before the use of the same.
Recommendation of the Products
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Muscle Transform or any of its associates in any manner.
Disclaimer of Warranties and Liability
All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by Muscle Transform on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Muscle Transform does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
- Muscle Transform will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.
- Muscle Transform does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Muscle Transform are free of viruses or other harmful components.
- Nothing on this website constitutes, or is meant to constitute, advice of any kind.
- Muscle Transform does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered on the Website. Muscle Transform does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website.
- Muscle Transform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- The Site may inadvertently contain typographical errors or inaccuracies and may not be complete or current.
- The product pictures are indicative and may not match the actual product.
- Muscle Transform reserves the right to correct, change, amend or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by Muscle Transform via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Muscle Transform will not use your personal information to initiate any promotional phone calls or SMS’es.
While availing any of the payment method/s offered by Muscle Transform, Muscle Transformis not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- Lack of authorization for any transaction/s,
- or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
- or any payment issues arising out of the transaction,
- or decline of transaction for any other reason/s.
Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Delhi.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Muscle Transform makes no representation that materials on the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Muscle Transform is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Muscle Transform. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have supplied their merchandise to us. Material on Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any consideration, whether in money or otherwise, is considered as commercial use for the purposes of this clause.
Your Account
You agree that any use on the site is at your own risk and Muscle Transform is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on the Website are not for people below aged 18, however any products available for children below age 18, can be bought by adults.
Copyright Complaint
We at Muscle Transform respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us.
Risk of loss
All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Pricing
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. Muscle Transform will try to be accurate, however if you come across any difference in pricing on the Website pre and post orders, we request you to contact us within 48 (Forty eight) hours of placing your order. Muscle Transform shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. If Muscle Transform comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of Muscle Transform.
Refunds & Cancellations
Muscle Transform hopes that you never have to cancel or return a product. At the same time, we would be there to help you whenever you do so due to certain circumstances.
Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.
Mode of Payment
Payments for the products available on the Site may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking, payment Wallets, e-Gift cards, UPI, Cash on Delivery and reward points, if any applicable. These modes of payment can be revised from time to time.
Shipping and Delivery
Please refer to our Shipping Policy provided on our Site, as amended from time to time.
User Content
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that
- belongs to another person and to which the user does not have any right to;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Muscle Transform shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Muscle Transform does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by us. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Muscle Transform be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Muscle Transform for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@muscletransform.in and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
Intellectual Property Rights
The “Muscle Transform” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Muscle Transform. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Muscle Transform or others, are the intellectual property of their respective owners, and Muscle Transform shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Muscle Transform and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
Other Terms
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.