Terms of Service

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of this website https://www.vitalitynucleus.com (the “Website”). 
This agreement is made between Vitality Nucleus Private Limited (“Owner/We/Our”) along with its team, employees, associates, affiliates, licensors, agents, service providers, third-party partners, or sponsors (hereinafter collectively referred to as “Team”) and You as a site visitor and/or member (“You/Your”). The use of this Website by You signifies Your agreement to both these terms and conditions (“Terms of Use”), the terms and conditions of the Website’s privacy policy, etc., which are published and uploaded on the Website for reference. By visiting, viewing, accessing, or otherwise using any of the services or information created, collected, compiled, or submitted on the Website, you are deemed to have agreed to all the Terms of Use and the privacy policy of this Website. Prior to using this Website, please read these Terms carefully as you agree to be bound by them. Kindly print these terms of use or save a copy of these terms of use for Your records and in case you do not accept these Terms and Conditions, we recommend that you refrain from using this Website.
 
 
PURPOSE


Through this Website, Vitality Nucleus Private Limited wishes to make available Our various products, including a new range of nutraceuticals, multivitamins, etc. (the “Products”) under the brand name ‘Vitality Nucleus’ and/or any other brand name on the Website. The Products in the Vitality Nucleus range intend to introduce a blend of vitamins and minerals to cater to various everyday health and lifestyle-related needs and to address concerns arising out of nutrition deficiency of consumers. To achieve Our mission, We have made Our range of the Vitality Nucleus Products available in taste-appealing formats to encourage consumers to ensure a daily intake of vitamins. For maximized product availability, the Products have been made available online and offline. All Our Products shall not only be available offline through third-party stores but will also be available online through Our Website and other third-party websites, with which we have commercially tied up.
 
 
THE PROVISIONS GOVERNING YOUR USE OF THE WEBSITE


This Website is the official website of the Owner. The Website is hosted in India and is subject to the laws governing the Republic of India. You are only authorized to use the Website (regardless of whether or not Your access to or use of this Website is intended) if You agree to abide by all applicable laws and to these Terms of Use and the privacy policy referred to hereinabove. The Owner makes no representations that the Website is appropriate or available for use in other locations/jurisdictions. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws of such other jurisdictions. The content of the pages of this Website is for Your general information and use only. 
Please note that these Terms of Use apply to all users of the Website (“Users”).
We encourage Your comments and feedback regarding the Products, including the Website. We request that You be specific in Your comments and feedback on the products. If You send Us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, Our property. None of the Submissions shall be subject to any obligation of confidence on Our part, and We shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, You agree that We shall exclusively own without compensation or further obligation on Our part, all such now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Website or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Any conduct by You that in Our sole discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to access the Website by any means other than through the interface that is provided by Us for use in accessing the Website.
 
 
THIRD PARTY WEBSITE(S)/ CONTENT


The content on this Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, designs, and artwork, etc. is Our content (“Content”). The Website may contain links to/content of third-party websites (“Third-Party Sites”) that are not associated with Us and that We have no control over content on such Third-Party Sites. In the event, if any content on the Third-Party Sites infringes any Intellectual Property of any person, the Third-Party Sites shall be solely responsible for any loss caused and We shall not be liable for the same. Unauthorized use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent shall be dealt with seriously and strict actions shall be taken against any such defaulter. The Website may also promote/advertise other products which are not competing with the Products (“Non-Competing Products”).


CREATING AN ACCOUNT


To use certain features of the Website for ordering Products, posting ratings/reviews, etc., You must set up an account on “vitalitynucleus.com” with “Vitality Nucleus” or “Facebook” or “Google” (“Account”) and provide certain information about yourself as may be required, such as Your name, gender, email address, account password, mobile phone number, and billing/shipping address, etc. All Your registration information shall be governed by Our Privacy Policy. You represent and warrant that the information submitted by You is true, accurate, and updated and that You shall always maintain the accuracy of such information. 
You hereby understand and confirm that the Account which you create and the password for the same are strictly for personal use and that You will not transfer Your Account to any third person and that You shall solely be responsible for the activities associated with Your Account. Further, in the event of any loss or damage to the Account which is a result of Your failure to maintain the confidentiality of Your Account, the Owner will not be liable for any loss or damages which are the result of such failure on Your part. In the event You suspect any unauthorized use of Your Account, then You shall immediately notify the Website of the same.
By creating this Account, You hereby agree to receive communications from us via email, telephone, SMS, and chat. In the event You, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
The Website, including the Products sold on the Website, is for the personal use of members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website’s services.


REVISIONS


We reserve the right at any time to change the terms of this agreement; change the services, including eliminating or modifying any content on or feature of the Website; or modify the prices of the Products on the Website. Any amendment we make shall be effective once we post a revised version of these Terms of Use on the Website. It shall be Your responsibility to review the terms and conditions of this Website regularly. Your continued use of the Website following the publication of any such changes will constitute Your agreement to follow and be automatically bound by the amended Terms and Conditions.


MEMBERSHIP/USAGE/ELIGIBILITY


To be eligible to use the services of the Website, You must meet the following criteria and represent and warrant that You: (1) are 18 years of age (“Minimum Age”) or above. (2) You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with said Terms of Use. (3) You are solely responsible for protecting the confidentiality of Your username and password in relation to Your Account, and any activity under the Account will be deemed to have been done by You. In the case that you provide us with false and inaccurate details and/or the Owner has reasonable reasons to believe You have done so, we hold the right to suspend Your Account and/or terminate this agreement without any notice and/or
 assigning any reason for the same and we shall not be held liable for the same.


PRODUCT INFORMATION


We shall attempt to be as accurate as possible with relation to the description of Our Products on the Website. However, We do not warrant that the Products description, color, information, or other content on the Website are accurate, complete, reliable, current, or error-free. In case a Product offered by Us is not as described, Your sole remedy is to return it in an unused condition.
 
 
PRICING INFORMATION


While we strive to provide accurate pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until after You place an order. In the event that a Product is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mispriced, we may, at our discretion, either contact You for instructions or cancel Your order and notify You of such cancellation.


PAYMENT / FEES


The browsing and use of this Website are free of cost, which includes the usage of certain services. Please note that this no-charge policy may be amended at the discretion of the Owner.
When using any of the payment methods available on the Website to purchase Our Products, we will not be responsible or liable for any loss or damage arising directly or indirectly due to:

  • Lack of authorization for any transaction(s)

  • You exceeding the preset limit agreed between you and your bank(s)

  • Payment issues not attributable to the Owner

  • Technical glitches or errors on linked websites

All payments made on the Website must be in Indian National Rupees. The Website will not facilitate transactions in any other currency.
The prices for all Products on Our Website are inclusive of all applicable statutory taxes. We strive to ensure the accuracy and timely updates of all price and availability information for Our Products. However, in the event of an error, we are not responsible for any inadvertent failures or omissions. We reserve the right to cancel the sale of any Product at any time.
We reserve the right to correct any inaccuracies or omissions related to the price and availability/descriptions of Products, even after an order has been submitted. We also reserve the right to change or update any other information without prior notice.
Delivery Charges will apply to have the Products delivered to the shipping address specified in Your Account. These charges are applicable to all orders placed on the Website. Delivery times may vary based on location and product availability.
Payment Mode: Depending on your transaction location, payment method, and where your payment method was issued, your transaction may be subject to foreign exchange fees or price differences due to exchange rates. The Website does not support all payment methods, currencies, or locations. All applicable taxes are calculated based on the billing information provided at the time of purchase. The billing address must match the shipping address to prevent fraudulent purchases.
You acknowledge that depending on the payment method chosen, the Website may link to the payment gateways of the bank that issued your debit/credit card. You will be subject to the privacy policies, disclaimers, and terms of use of those bank websites. You agree to abide by those policies when transacting with us.

SHIPPING AND DELIVERY


We aim to deliver Products to You at the earliest possible. Delivery timelines are indicative and subject to changes based on logistics partners and locations. Any delays due to force majeure or unforeseen circumstances will be communicated to You promptly. The risk of loss and title for Products purchased by You will pass to You upon our delivery to the carrier.


RETURNS AND REFUNDS


We offer a return and refund policy for defective Products. The policy details are available on the Website and may vary from time to time. In case You receive a defective or damaged Product, You are required to contact Our customer service within a stipulated period as mentioned in the return policy.


INTELLECTUAL PROPERTY RIGHTS


All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Owner or its content suppliers and is protected by applicable copyright laws. The compilation of all content on this site is the exclusive property of the Owner and protected by applicable copyright laws. All software used on this site is the property of the Owner or its software suppliers and is protected by applicable copyright laws.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


The Website and all information, content, materials, Products, and services included on or otherwise made available to You through this site are provided by Us on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, Products, or services included on or otherwise made available to You through this site unless otherwise specified in writing. You expressly agree that Your use of this site is at Your sole risk.
To the full extent permissible by applicable law, the Owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Owner does not warrant that this site, information, content, materials, Products, or services included on or otherwise made available to You through this site, their servers, or electronic communications sent from Us are free of viruses or other harmful components. The Owner will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, Products, or services included on or otherwise made available to You through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
 
 
INDEMNIFICATION


You agree to indemnify, defend and hold harmless the Owner, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to Your Account (including negligent or wrongful conduct) by You or any other person accessing the Website using Your Account.
 
 
TERMINATION


These Terms of Use are effective unless and until terminated by either You or the Owner. You may terminate these Terms of Use at any time, provided that You discontinue any further use of this Website. The Owner also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny You access to the Website, if in the Owner's sole discretion You fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either You or the Owner, You must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
 
 
GOVERNING LAW AND JURISDICTION


These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India. The courts of New Delhi, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
 
 
MISCELLANEOUS


If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Owner's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
The Owner reserves the right to change or discontinue any aspect of the Website at any time.
 
 
CONTACT US


If You have any questions or concerns about these Terms of Use, please contact us at:

Vitality Nucleus Private Limited
Email: support@vitalitynucleus.com

By using this Website, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them. If you do not agree to these Terms of Use, please do not use the Website.
 
Last Updated: 19 June 2024