TERMS OF SERVICE AGREEMENT
LAST REVISION: [12-07-2022]
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, [https://strivio.fit] (the
“Website”), (“Strivio Health Tech Pvt Ltd”) 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. Strivio Health Tech Pvt Ltd
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. Strivio Health Tech Pvt Ltd 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. Strivio Health Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd 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 Strivio Health
Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd and its designated in house or third party
call team(s).
Opt Out Procedure: We provide 3 easy ways to opt-out of future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: [[email protected]].
- You may send a written remove request to [4th Elite House, Old Palasia Main Road, Indore
Madhya Pradesh 452018].
Proprietary Rights. Strivio Health Tech Pvt Ltd has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or
distributed by Strivio Health Tech Pvt Ltd. Strivio Health Tech Pvt Ltd 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. If you purchase any Products, you will be
responsible for paying any applicable sales tax.
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. Strivio Health Tech Pvt Ltd does not always create the information offered on this
Website; instead, the information is often gathered from other sources. To the extent that Strivio
Health Tech Pvt Ltd does create the content on this Website, such content is protected by the
intellectual property laws of 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. Strivio Health Tech Pvt Ltd does not
endorse the contents on any such third-party websites. Strivio Health Tech Pvt Ltd 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; Strivio Health Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd 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 Strivio
Health Tech Pvt Ltd 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. Strivio Health Tech Pvt Ltd 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. Strivio Health Tech Pvt
Ltd is not liable for any damage or harm resulting from any posts by or interactions between
users. Strivio Health Tech Pvt Ltd reserves the right but has no obligation, to monitor
interactions between and among users of the Website and to remove any content Strivio Health
Tech Pvt Ltd deems objectionable.
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.
Strivio Health Tech Pvt Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESSED 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, Strivio Health Tech Pvt Ltd 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
Strivio Health Tech Pvt Ltd ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN
EQUITY, OR OTHERWISE, 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. Strivio Health Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd, 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
Strivio Health Tech Pvt Ltd. When Strivio Health Tech Pvt Ltd is threatened with suit or sued by
a third party, Strivio Health Tech Pvt Ltd may seek written assurances from you concerning your
promise to indemnify Strivio Health Tech Pvt Ltd; your failure to provide such assurances may
be considered by Strivio Health Tech Pvt Ltd to be a material breach of this Agreement. Strivio
Health Tech Pvt Ltd will have the right to participate in any defense by you of a thirdparty claim
related to your use of any of the Website content or Products, with counsel of Strivio Health
Tech Pvt Ltd choice at its expense. Strivio Health Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd against any claim, but you must receive
Strivio Health Tech Pvt Ltd 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
Strivio Health Tech Pvt Ltd believes strongly in protecting user privacy and providing you with
notice of Strivio Health Tech Pvt Ltd use of data. Please refer to Strivio Health Tech Pvt Ltd
privacy policy, incorporated by reference herein, that is posted on the Website.
VII. 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. Strivio Health Tech Pvt Ltd 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. Strivio Health Tech Pvt
Ltd 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 Strivio Health Tech Pvt Ltd and supersedes any prior
agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of
Strivio Health Tech Pvt Ltd 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 [City, State]. This Agreement will be governed by the laws of the
State of [Law State Name] without regard to its conflict of law principles to the contrary. Neither
you nor Strivio Health Tech Pvt Ltd 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 [State Name]. 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. Strivio Health Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd 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,
Strivio Health Tech Pvt Ltd 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 Strivio Health Tech Pvt Ltd chooses, in its sole discretion and without advance to you, to
terminate it.
Domestic Use. Strivio Health Tech Pvt Ltd 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. Strivio Health Tech Pvt Ltd 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