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 (the “Agreement”) governs your use of this website, www.neckfit.in (alternatively the “Website” or “WS” or “Novepro Corp” or “Neckfit”) 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 Novepro sells Neckfit pillows, pillow covers, sleeping systems, like knee support, back support, mattresses, lumbar 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 a 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 receive any reminders from then on.
Opt-Out Procedure:
You can opt-out from future solicitations using 3 easy steps:
- You can click on the opt-out link found in any email solicitation that you may receive.
- You may choose to opt-out by sending an email with your address to: unsubscribe@neckfit.in
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. Unauthorized use of the material may violate copyright, trademark, and/or other laws.
Use of Website:
1. Neckfit does not hold any liability to damages suffered by you for the use of this website. You will
- abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
- not interfere with or disrupt the use and enjoyment of the Website by other users,
- not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail, or any other type of unsolicited communication, and
- 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.
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.
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.
LIMITATION OF LIABILITY
FOR PRODUCTS PURCHASED VIA THE WEBSITE, NECKFIT’S ENTIRE LIABILITY, AND YOUR ENTIRE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS IS SOLELY LIMITED TO THE AMOUNT YOU PAID.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Neckfit from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees.
PRIVACY
Neckfit strongly believes in protecting user privacy. Please refer to Neckfit privacy policy, incorporated by reference herein, that is posted on the Website.
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.
GENERAL
Force Majeure: Neckfit will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in performance of its obligations hereunder due to events beyond its control.
Cessation of Operation:
Neckfit may at any time, in its sole discretion and without advance notice, cease operation of the Website and distribution of the Products.
Governing Law; Jurisdiction:
This Agreement will be governed by the laws of the State of India. By using this Website or ordering Products, you consent to the jurisdiction of the courts in Navi Mumbai, Maharashtra, India.
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.
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!
