TERMS & CONDITIONS
TERMS
OF SERVICE AGREEMENT
Last revision: [01-01-2024]
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 governs your use of this website, oemx.in, Global Enterprize 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. Global Enterprize 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. Global Enterprize
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 any such changes or of a revised
agreement will constitute your acceptance of any such changes or revisions. Global
Enterprize 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 Global Enterprize
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.
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 center reps or direct Global Enterprize 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 Global Enterprize
and its designated in house or third party call team(s).
Opt out
procedure: we provide
3 easy ways to opt out of from future solicitations.
1. You may use the
opt out link found in any email solicitation that you may receive.
2. You may
also choose to opt out, via sending your email address to: ak@oemx.in.
3. You
may send a written remove request to 901, Tower- B, Emaar Business Center(EDH),
Sector 62, Gurugram, Haryana - 122102.
Proprietary
rights.
Global Enterprize has proprietary rights
and trade secrets in the products. You may not copy, reproduce, resell or
redistribute any product manufactured and/or distributed by Global Enterprize. Global Enterprize 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.
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. Global Enterprize does not always create the information offered
on this website; instead the information is often gathered from other sources.
To the extent that Global Enterprize does create the content on this website,
such content is protected by intellectual property laws of the 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. Global Enterprize
does not endorse the contents on any such third-party websites. Global Enterprize
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; Global Enterprize 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 Global Enterprize
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 Global Enterprize 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. Global Enterprize 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. Global Enterprize is not liable for any
damage or harm resulting from any posts by or interactions between users. Global
Enterprize reserves the right, but has no obligation, to monitor interactions between
and among users of the website and to remove any content Global Enterprize deems objectionable.
Limitation
of liability Global Enterprize 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.
Global Enterprize 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.
Indemnification You will release,
indemnify, defend and hold harmless Global Enterprize, 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 Global Enterprize.
When Global Enterprize is threatened with suit or sued by a third party, Global
Enterprize may seek written assurances from you concerning your promise to
indemnify Global Enterprize; your failure to provide such assurances may be
considered by Global Enterprize to be a material breach of this agreement. Global
Enterprize 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 Global Enterprize choice at its expense. Global Enterprize
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 Global Enterprize
against any claim, but you must receive Global Enterprize 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.
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.
GeneralForce
majeure.
Global Enterprize 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. Global Enterprize 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 Global Enterprize and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect
of waiver.
The failure of Global Enterprize 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 gurugram, haryana.
This agreement will be governed by the laws of the state of haryana without
regard to its conflict of law principles to the contrary. Neither you nor Global Enterprize 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 haryana. 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. Global Enterprize 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 Global Enterprize 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, Global Enterprize 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 Global Enterprize chooses, in its sole
discretion and without advance to you, to terminate it.
Domestic use. Global Enterprize 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. Global
Enterprize 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.