Website : www.beingstrong.in

Website Developers : Design Accent

Welcome to our website ("www.beingstrong.in"). By using the website, you are agreeing to comply with and be adhered by the following terms of use. Please review the below-mentioned terms & conditions carefully. In case you do not agree to the terms & condition, you are requested to refrain from using this website. The term used here as "Editor" talks about being strong Private Limited, the proprietor of the website. The term "you" indicates the user or viewer of this website.

1. Acceptance of Agreement.

You agree to the terms and conditions defined in this Terms & Condition Agreement (the "Agreement") with regards to the website. This Agreement constitutes the entire and only agreement between the Editor and you, and supersedes all prior or coexistent agreements, depictions, contracts and considerations with regard to the website, the Content and Materials (as hereinafter defined), products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time by the Editor without specific notice to you. The latest Agreement will be posted on the Editor/Owner of the Site, and you should review this Agreement prior to using the website. By your using the website, you are supposed to have read and understood the latest version of this Terms of Use or Terms & Condition Agreement.

2. Age restriction

You hereby represent and warrant that you are at least Eighteen (18) years or above.

3. Purchases

a. Product Quality

You agree that you shall have no claims against the Editor/Owner of the Site regarding the quality of any products purchased by you from the Purchaser so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.

b. Delivery of Order

Despatch of the products will be done as per your date conformation on your Proforma Invoice from the date of the receipt of full payment. We are not responsible for any delay in delivery of the consignment due to any factor beyond our control. The products will be despatched to the address mentioned in the order form. In case the products are to be dispatched to any other address, the same should be specified in the order form.

c. Payment

No order shall be considered confirmed until such confirmation is communicated to you in writing by the Editor/Owner of the Site. You agree to render payment for any goods or services purchased from the Editor/Owner of the Website (www.beingstrong.in) in accordance with the terms hereof.

4. Links

You may not use any "deep-link", "page-jam", "bot", "spider" or other automatic device, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy or monitor any portion of the Website (www.beingstrong.in) or any Content and Materials contained in this Website (www.beingstrong.in), or in any way reproduce or circumvent the directional structure or presentation of the Website (www.beingstrong.in) or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by the Editor/Owner of the Website (www.beingstrong.in) through the Website (www.beingstrong.in)

5. Copyright.

The Content and Materials, business, visuals, designs, assembling, compelling translation, digital conversion and other matters related to the Website (www.beingstrong.in) are protected under applicable copyright, trademarks, and another proprietary (including but not limited to intellectual property) rights. The copying, rearrangement, use or publication by you of any such matters or any part of the Website (www.beingstrong.in) is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the Website (www.beingstrong.in) except where the ownership rights to such Content and Materials already vested with you prior to upload to the Website (www.beingstrong.in). You acknowledge that some of the Content and Materials on the Website (www.beingstrong.in) is the copyrighted work of third parties.

6. Restrictions and Prohibitions on Use.

Your license for access and use of the Website (www.beingstrong.in) and any information, materials or documents (collectively "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website (www.beingstrong.in) or any Content and Materials retrieved therefrom; (b) use the Website (www.beingstrong.in) or any materials obtained from the Website (www.beingstrong.in) to develop any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Website (www.beingstrong.in); (d) use any Content and Materials from the Website (www.beingstrong.in) in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of the Editor/Owner of the Website (www.beingstrong.in) or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website (www.beingstrong.in) or on any Content and Materials; (f) make any portion of the Website (www.beingstrong.in) available through any timesharing system, service bureau, the internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website (www.beingstrong.in) software or use any network monitoring or discovery software to determine the Website (www.beingstrong.in) architecture; (h) use any automatic or manual process to harvest information from the Website (www.beingstrong.in); (i) use the Website (www.beingstrong.in) for the purpose of gathering information or for transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the Website (www.beingstrong.in) in a manner that violates any applicable law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Website (www.beingstrong.in) or any portion thereof, or any software available on or through the Website (www.beingstrong.in), in violation of any applicable export control laws or regulations.

7. Registration.

The Website (www.beingstrong.in) may require you to register as a User by creating an Account. You agree to provide the Editor/Owner of the Website (www.beingstrong.in) with accurate, complete registration information. Each Account is for your personal use only and shall not be created on behalf of any other person or entity. You agree that any Account registered by you shall not involve (a) any person other than you making use of such Account; or (b) access through a single Account being made available to multiple users on a network. You hereby agree that you shall be liable for any failure to prevent such unauthorized use of your Account. Editor/Owner of the Website (www.beingstrong.in) may suspend any account suspected of unauthorized use at any time

Creating multiple Accounts for a single User with the purpose of abusing Editor/Owner of the Website (www.beingstrong.in)'s special offers is strictly prohibited and considered the abuse of the Website (www.beingstrong.in). You agree that you will not take part in the abuse of Editor/Owner of the Website (www.beingstrong.in)'s Special Offers through the creation of multiple accounts. Editor/Owner of the Website (www.beingstrong.in) may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.

8. Errors, Corrections, and Changes.

The Editor/Owner of the Website (www.beingstrong.in) does not represent or warrant that the Website (www.beingstrong.in) will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Editor/Owner of the Website (www.beingstrong.in) does not represent or warrant that the information available on or through the Website (www.beingstrong.in) will be correct, accurate, timely or otherwise reliable. The Editor/Owner of the Website (www.beingstrong.in) reserves the absolute right to make changes to the features, functionality or Content and Materials of the Website (www.beingstrong.in) at any time. The Editor/Owner of the Website(www.beingstrong.in reserves the absolute right, in its sole discretion, to edit or delete any documents, information or other Content and Materials appearing on the Website (www.beingstrong.in) and you agree that you shall have no recourse to the Editor/Owner of the Website (www.beingstrong.in) as regards any such editing or deletion.

9. Third Party Content.

Third party Content and Materials may appear on the Website (www.beingstrong.in) or may be accessible via hyperlinks from the Website (www.beingstrong.in). The Editor/Owner of the Website (www.beingstrong.in) is not responsible for and assumes no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content and Materials appearing on the Website (www.beingstrong.in) or accessible via hyperlinks from the Website (www.beingstrong.in).

10. Unlawful Activity.

Notwithstanding the terms of the Privacy Policy, the Editor/Owner of the Website (www.beingstrong.in) reserves the right to investigate complaints or reported violations of this Agreement and to take any action the Editor/Owner of the Website (www.beingstrong.in) deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.

You agree to indemnify, defend and hold the Editor/Owner of the Website (www.beingstrong.in) and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website (www.beingstrong.in).

12. Non-transferable.

Your right to use the Website (www.beingstrong.in) is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Website (www.beingstrong.in) is not transferable or assignable.

13. Disclaimer.

THE CONTENT AND MATERIAL FROM OR THROUGH THE WEBSITE (WWW.BEINGSTRONG.IN) ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE EDITOR/OWNER OF THE WEBSITE (WWW.BEINGSTRONG.IN) AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE EDITOR/OWNER OF THE WEBSITE (WWW.BEINGSTRONG.IN) AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE EDITOR/OWNER OF THE WEBSITE (WWW.BEINGSTRONG.IN) AND YOU. THIS WEBSITE (www.beingstrong.in) AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT, AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE (WWW.BEINGSTRONG.IN) OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

14. Limitation of Liability

a. The Editor/Owner of the Website (www.beingstrong.in) and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Website (www.beingstrong.in) or any services or products obtainable therefrom; (b) the unavailability or interruption of the Website (www.beingstrong.in) or any features thereof; (c) your use of the Website (www.beingstrong.in); (d) the Content and Materials contained on the Website (www.beingstrong.in); or (e) any delay or failure in performance beyond the control the Editor/Owner of the Website (www.beingstrong.in) or any Affiliated Party.

b. THE AGGREGATE LIABILITY OF THE EDITOR/OWNER OF THE WEBSITE (www.beingstrong.in) AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE (WWW.BEINGSTRONG.IN) AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED UNITED STATES DOLLARS ONE HUNDRED ONLY (USD 100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE EDITOR/OWNER OF THE WEBSITE (WWW.BEINGSTRONG.IN) AND ANY AFFILIATED PARTY.

15. Use of Information.

The Editor/Owner of the Website (www.beingstrong.in) hereby reserves the right, and you hereby authorize the Editor/Owner of the Website (www.beingstrong.in), to the use and assignment of all information regarding Website (www.beingstrong.in) uses by you and all information provided by you in any manner consistent with the Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to the Editor/Owner of the Website (www.beingstrong.in) (each, a "Submission") will forever be the property of the Editor/Owner of the Website (www.beingstrong.in). The Editor/Owner of the Website (www.beingstrong.in) will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in its future products, services or operations. Without limitation, the Editor/Owner of the Website (www.beingstrong.in) will have exclusive ownership of all present and future existing rights to each Submission of every kind and nature everywhere. The Editor/Owner of the Website (www.beingstrong.in) will be entitled to use the Submission for any commercial or another purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not the Editor/Owner of the Website (www.beingstrong.in), have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

16. Third-Party Services.

a. The Editor/Owner of the Website (www.beingstrong.in) may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that the Editor/Owner of the Website (www.beingstrong.in) do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The Editor/Owner of the Website (www.beingstrong.in) is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE EDITOR/OWNER OF THE WEBSITE (WWW.BEINGSTRONG.IN), EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE EDITOR/OWNER OF THE Website (www.beingstrong.in) BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE (WWW.BEINGSTRONG.IN)S OR ANY OTHER WEBSITE (WWW.BEINGSTRONG.IN) HYPERLINKED TO OUR WEBSITE (WWW.BEINGSTRONG.IN).

b. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Website (www.beingstrong.in)s. The Editor/Owner of the Website (www.beingstrong.in) shall not be responsible for information provided by you to Merchants. The Editor/Owner of the Website (www.beingstrong.in) and the Merchants are independent contractors and neither has the authority to make any representations or commitments on behalf of the other.

17. Privacy Policy.

Our Privacy Policy, as it may be modified from time to time, is hereby expressly made part of this Agreement.

18. Payments.

You represent and warrant that if you are purchasing something from the Editor/Owner of the Website (www.beingstrong.in) or from Merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

19. Dependence on Information.

The Website (www.beingstrong.in) may include statements concerning the Editor/Owner of the Website (www.beingstrong.in)'s operations, prospects, strategies, financial condition, future economic performance and demand for the Editor/Owner of the Website (www.beingstrong.in)'s products or services, as well as the Editor/Owner of the Website (www.beingstrong.in)'s intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond the Editor/Owner of the Website (www.beingstrong.in)'s control. You acknowledge that such information is not intended to be a substitute for representations expressly made to you by the Editor/Owner of the Website (www.beingstrong.in), if and when made, and that you rely upon such information at your sole risk and liability.

20. Links to other Web Website (www.beingstrong.in)s.

The Website (www.beingstrong.in) contains hyperlinks to other web Website (www.beingstrong.in)s. The Editor/Owner of the Website (www.beingstrong.in) disclaims all liability for the content, accuracy or opinions express in such web Website (www.beingstrong.in)s, and such web Website (www.beingstrong.in)s are not investigated, monitored or checked for accuracy, completeness or compliance with law by the Editor/Owner of the Website (www.beingstrong.in). Inclusion of any hyperlinked web Website (www.beingstrong.in) on the Website (www.beingstrong.in) does not imply approval or endorsement of the hyperlinked web Website (www.beingstrong.in) or any content thereof by the Editor/Owner of the Website (www.beingstrong.in). If you decide to leave the Website (www.beingstrong.in) and access this third-party Website (www.beingstrong.in)s, you acknowledge that you do so at your own risk.

21. Data and Press Releases.

The Website (www.beingstrong.in) contains information and press releases about the Editor/Owner of the Website (www.beingstrong.in). The Editor/Owner of the Website (www.beingstrong.in) disclaims any duty or obligation to update this information or any press releases. Information about companies other than the Editor/Owner of the Website (www.beingstrong.in) contained in any press release or otherwise, should not be relied upon as being provided or endorsed by the Editor/Owner of the Website (www.beingstrong.in).

22. Legal Compliance.

You agree to comply with all applicable national and international laws, statutes, ordinances, and regulations regarding your use of the Website (www.beingstrong.in) and the Content and Materials provided therein.

23. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in India, [and shall be governed by and construed in accordance with the laws of the Republic of India (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 18 and Section 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by the Editor/Owner of the Website (www.beingstrong.in) in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website (www.beingstrong.in) is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Editor/Owner of the Website (www.beingstrong.in)'s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Editor/Owner of the Website (www.beingstrong.in)'s rights under this Agreement shall survive any termination or modification of this Agreement.

The Editor/Owner of the Website (www.beingstrong.in) may terminate your membership/Account or delete any Content and Materials uploaded by you to the Website (www.beingstrong.in) at any time without notice for any reason including contravention of this Agreement or any applicable law.

24. Arbitration.

Not with standing anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by the Editor/Owner of the Website (www.beingstrong.in) to collect or recover damages for, or obtain any injunction relating to, Website (www.beingstrong.in) operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mumbai, India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or the Editor/Owner of the Website (www.beingstrong.in) may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India necessary to protect the rights or property of you and the Editor/Owner of the Website (www.beingstrong.in) pending the completion of arbitration. Subject to the foregoing, the courts of Mumbai, India shall have jurisdiction over any dispute arising hereunder.

25.WARRANTY

All our products carry different warranty time-frame based on the equipment and from the date of invoice for any manufacturing defects arising out of faulty or defective materials or workmanship. All Warranty is Valid only in India

The warranty terms are void in case of any of the following:

This warranty will not cover (a) any defects or malfunction in the equipment that result from the installation, storage, usage, operation and maintenance by the buyer or third persons, (b)equipment that have been repaired or modified by the buyer or any non authorized person or without following our instructions regarding maintenance, (c) normal wear and tear of the product, (d) any loss, personal injury, damage in property caused by installation, storage, usage, operation and maintenance of the equipment by the buyer or third parties or (e) any damage or defects in the equipment that result from fortuitous facts and force majeure.

"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"

In the event of any breach of this contract on the part of the buyer, the buyer agrees to compensate in such manner as may be reasonably determined.

It is agreed that any dispute arising in respect of this order shall be decided by a competent Court in Mumbai Jurisdiction

 

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