Muscletailors.com(‘Website’) is an online service owned, operated and managed by Protein o clock fitness services pvt ltd(‘Company’ or ‘we’ or ‘us’). The “Muscle Tailors” is referred to as the brand name. In using/ accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at hello@muscletailors.com. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Muscle Tailors. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties. This site is designed, updated and maintained by Muscle Tailors or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

ACCURACY OF CONTENT AND INVITATION TO OFFER

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Services however are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer.

Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Muscle Tailors prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number. We will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

Access to the Website and Restrictions on Your Use

The company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our products and services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of the Company’s copyright, trademark and/or other rights. You agree not to access or try to access any computer system of the Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of the Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, colour combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

You agree that you will not do any of the following:

1. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
2.   Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict the use or copying of the Website or any Materials.
3.   Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
4.   Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.
5.   Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
6.   Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure.
7.   “Frame” or “mirror” the Website or any part.
8.   Use the Website or any Materials for any unlawful purpose.
9.   Spam or flood.
10.   Resell or make commercial use of the Website or Materials, or (b) make any derivative use of the Website or Materials.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted after it has been confirmed, or after your credit card has been charged.

Content Disclaimer

The information (including, without limitation, advice and recommendations) on the website is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. it is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. always seek the advice of your physician or another qualified healthcare provider regarding any medical condition before starting any new treatment. your use of the website is subject to the additional disclaimers and caveats that may appear throughout the website and with products and services featured by us. further, we strongly encourage you to review these workouts, supplements, training plans, or anything else found on this site with your physician. should your physician advise against anything on this website you agree to notify us in writing immediately and cease following any content on this site until said time that your physician approves of the workouts, supplements, training plan, or anything else found on this site. by using this site you specifically agree to communicate with your physician and you agree to indemnify Company for all injuries stemming from failing to review the plan with your physician or following this extremely important physician review element.

The company and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. while the company strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website.

The requirement that you review the plan/plans with your Physician is of EXTREME IMPORTANCE. Do not enrol in a contest or push yourself beyond your Physician’s advice. As such we require that in order to use this site you speak with your Physician about the concepts and recommendations BEFORE heading any advice on this site. Notify our customer service team immediately if there is a disagreement with your doctor and our plans. if you do not speak with a doctor it is possible that you may be injured or die. you specifically indemnify us from this risk of injury or death even if such injury is caused by your doctor’s advice.

while the company uses reasonable efforts to include accurate and up to date information on the website, the company does not make any warranty that the website will meet your requirements, that access to the website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. the company makes no warranties as to the results that may be obtained from the use of the website or the products and services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the website.

Rules and Policies

We may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, testimonials, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, or any other content (“User Content”). User Content that you submit through your Muscle Tailors Tribe or any other Muscle Tailor service will be stored, maintained and used by Muscle Tailors in accordance with our Privacy Policy. You acknowledge certain types of User Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

You may not submit or upload User Content that Muscle Tailors determine in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Content or communications you submit, at any time and for any or no reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you.

Eligibility to use

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit the direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this

Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having an open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

REFUSAL OF SERVICE

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.

PROMOTIONAL COMMUNICATIONS

Muscle Tailors may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, and anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the unsubscribe link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction, we will cease to send you information as requested. In case of any clarity, you can contact our Customer support service.

FINANCIAL DETAILS

You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

COMMUNICATION

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication-related to your order/request and other site related communication.

WEBSITE FEEDBACK, USER COMMENTS AND USER-GENERATED CONTENT

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or another personal or proprietary right (s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

COPYRIGHT & TRADEMARK:

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as

conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website, are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Muscle Tailors’ names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Muscle Tailors or licensed to Muscle Tailors. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appears on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Muscle Tailors or its suppliers and licensors and is protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content is copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Muscle Tailors and is also protected by Indian and international copyright. We don’t offer any Counterfeit goods containing a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.

OBJECTIONABLE MATERIAL

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

TERMINATION

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through the Indian postal system by registered post, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Muscle Tailors. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

WEBSITE SECURITY:

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;

Sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Muscle Tailors on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions are done using Secure Server Software (SSL) for 128-bit encryption through third party gateways and Muscle Tailors play no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, Muscle tailors shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third-party gateways and or website. Muscle Tailors shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User’s account and/or information relating to or regarding online transactions using credit cards/debit cards /cash cards/net banking and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.

ENTIRE AGREEMENT

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

CONTACT INFORMATION:

If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:

Sending an email to hello@muscletailors.com