LAST REVISION: [10-May-2016
KINDLY READ THE TERMS OF SERVICE AGREEMENT CAREFULLY.
PLEASE NOTE THAT ON USING WWW.NECKFIT.IN
(THIS WEBSITE) OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU HAVE AGREED AND ARE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement
") governs your use of this website, www.neckfit.in
(alternatively the "Website
" or “WS” or “Novepro Corp”
") or your purchase of products available on this Website. The policies and guidelines referred below are the core part of the Agreement. The right to change or revise the terms and conditions of this Agreement at any time is reserved by Neckfit, the changes will be duly updated by posting a revised Agreement on this Website. Neckfit
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 as soon as it is posted on this Website. Following the posting of a revised Agreement, as a user, you shall be in acceptance of any such changes or revisions. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Novepro Corp
. In case you do not agree to this Agreement (including any referenced policies or guidelines), you are requested to immediately terminate your use of the Website. PRODUCTS - Novepro Corp,
through this website, markets and sells Neckfit pillows, pillow covers, sleeping systems, like knee support, back support and other products under various names, styles, types and sizes etc. Terms of Offer
: This Website offers for sale certain products (the "Products"). On placing an order for Products through this Website, you are naturally agreed to the terms set forth in this Agreement. No Obligation to Sell
: The mere fact that you make payment to buy the products does not bind Neckfit to sell the product(s). However, once such payment(s) is received, Neckfit will do everything in its control, to ship the product to you in time bound manner. In a rare event of non shipment of your product, Neckfit will refund the amount received from you. The refund of the taxes will be as per statutory guidelines. Customer Solicitation:
You are hereby agreeing to receive further emails and call solicitations from Neckfit and its designated in house or third party call team(s) by agreeing to the terms and conditions.
In case you notify our third party call center representatives or direct Neckfit sales representatives about your desire to opt out from further direct company communications and solicitations, you will not be receiving any reminders from then on. Opt Out Procedure:
You can opt out from future solicitations using 3 easy steps. 1. You can click on the opt out link found in any email solicitation that you may receive. 2. You may choose to opt out, via sending a mail with your email address to: email@example.com Proprietary Rights
. Neckfit has an exclusive set of proprietary rights in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Neckfit. Neckfit 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
. On the purchase of any Product from Neckfit, you will be responsible for paying all applicable taxes including sales tax. WEBSITE Content
Intellectual Property; Third Party Links. This Website also offers information and marketing materials, in addition to Products. This Website also offers information, both directly and through indirect links to third-party websites, about various Sleeping Systems. Neckfit does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Neckfit does create the content on this Website, such content is protected by intellectual property laws of the India. 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. Neckfit does not endorse the contents on any such third-party websites. Neckfit is not responsible for the content 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
Neckfit does not hold any liability to damages suffered by you for 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 or propogate other material(s) 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 the website or other users of the Website. License
: 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 is granted to you on using this Website. Under any circumstance you are not allowed to copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Neckfit 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 Neckfit a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works form, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Neckfit 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. Neckfit is not liable for any damage or harm resulting from any posts by or interactions between users. Neckfit reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Neckfit deems objectionable. DISCLAIMER OF WARRANTIES
KINDLY REMEMBER THAT YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. Neckfit 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.)
1. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Neckfit MAKES NO WARRANTY:
2. THAT ITS PRODUCTS WILL DEFINITELY BE SUITABLE FOR YOU.
3. THAT ITS PRODUCTS WOULD DEFINITELY BE COMFORTABLE OR SERVE THE STATED PURPOSE FOR YOU.
ABOUT THE ACCURACY, RELIABILITY AND COMPLETION OF THE CONTENT ON IT.
4. ABOUT THE ACCURACY, RELIABILITY AND COMPLETION OF LINKS TO THIRD-PARTY WEBSITES.
5. NO ADVICE OR INFORMATION, REGARDLESS OF ITS FORMAT IT WILL BE OBTAINED BY YOU FROM THIS WEBSITE.6.AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
7. REGARDING ANY PURCHASES MADE THROUGH THE WEBSITE
8. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY
FOR PRODUCTS PURCHASED VIA THE WEBSITE, NECKFIT’S ENTIRE LIABILITY, AND YOUR ENTIRE 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 CHARGES.
Neckfit 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
THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;
THE COST OF PROCURING SUBSTITUTE OR SUPPLEMENTARY PRODUCTS OR CONTENT;
ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
ANY LOST PROFITS OR COMFORTS YOU ALLEGE.
ANY COST OF REMEDIAL ACTION YOU CLAIM TO OVERCOME THE LOSS/DISCOMFORT FROM THE PRODUCTS YOU BOUGHT.
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 Neckfit, and any of its directors, shareholders, affiliates, assigns contractors, agents, employees and officers, 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;
6. any information or data you supplied to Neckfit.
When Neckfit is threatened with suit or sued by a third party, Neckfit may seek written assurances from you concerning your promise to indemnify Neckfit; your failure to provide such assurances may be considered by Neckfit to be a material breach of this Agreement. Neckfit 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 Neckfit choice at its expense. Neckfit 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 Neckfit against any claim, but you must receive prior written consent from Neckfit 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
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
: Neckfit 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
: Neckfit 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 Neckfit and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver
: The failure of Neckfit 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
: This Website originates from the Navi Mumbai, Maharashtra. This Agreement will be governed by the laws of the State of India without regard to its conflict of law principles to the contrary. Neither you nor Neckfit 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 Navi Mumbai, Maharashtra, India. 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. 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 30 days 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:
Neckfit 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 Neckfit 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, Neckfit 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 Neckfit chooses, in its sole discretion and without advance notice to you, to terminate it. Domestic Use
: Neckfit makes no representation that the Website or Products are appropriate or available for use in locations outside India. Please keep in mind that 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. Neckfit 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 HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF NECKFIT!