Terms & Conditions
The domain name https://brightperformancenutrition.com/ (the “Website” ) is owned by Bright Performance Nutrition Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 3rd Floor, Office No. 317, CTS No. 240, 240/1-8, Neelkanth Corporate IT Park, Sterlite Compound, Near Bus Depot, Kirol Village, VidyaVihar West, Mumbai City, Maharashtra, 400086(the “Company”).
Transactions concluded with the Company and/ or usage of the Website are subject to terms and conditions set forth herein (the “Terms”) which are formulated in accordance with the Information Technology Act, 2000 read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
By accessing the Website and/ or concluding transactions with the Company you confirm that:
You have read and understood the Terms.
You accept the Terms; and
If you are accessing the Website on behalf of a third party, you possess the authority to bind that third party to the Terms.
In case of conflict between the Terms and special terms/ conditions separately agreed to by the Company in writing (the “Special Terms”), the Special Terms shall prevail.
The Company reserves its right to modify the Terms without prior notice, at its discretion. Modifications to the Terms will be uploaded on the Website and shall, unless otherwise stated, take effect from the date of such upload. You are advised to frequently review the Terms for modifications.
In order to optimize your experience, the Company may update the Website without prior notice, at its discretion. Whilst every effort will be made to ensure that content displayed on the Website is free from errors, the Company does not extend any representation in this regard. The Company is under no obligation to update content appearing on the Website.
You must be 18 (eighteen) year of age or older and capable of entering a legally binding contract to use the Website. If you are under 18 (eighteen) years of age, you may use the Website under the supervision of a parent or guardian. You are solely responsible for activity you undertake on the Website.
You are responsible for:
The accuracy of Personal Information submitted by you.
Ensuring that information submitted by you is not subject to obligations relating to confidentiality and/ or is not proprietary and/ or does not infringe on rights any third party.
Maintaining the confidentiality of accounts and associated passwords created by you. If you have reason to believe that the security of your account is compromised, you must contact the Company immediately at the ‘Contact Information’ provided on the Website. If the Company finds a breach or suspected breach of the security relating to your account, the Company may require you to change your password and/ or the Company may block or suspend your account, at its discretion, without liability.
You shall not use the Website for any illegal, unlawful, unauthorized, immoral or prohibited purposes including but not confined to:
Sharing or storing information that belongs to another person and to which you do not have any right.
Sharing or storing information which is harmful to children or infringes on any patent, trademark, copyright or other proprietary rights.
Sharing or storing information which is defamatory, obscene, pornographic, paedophilic, insulting, libellous, racially or ethnically objectionable or otherwise inconsistent with or contrary to the laws in force.
Sharing or storing information which has the potential to deceive or mislead any person who may access the same.
Sharing or storing information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or which may cause incitement to the commission of any offence.
Sharing or storing information which contains a virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
The Company reserve its right to refuse service and/or cancel your accounts without prior notice if the Terms are violated or it decides, at its sole discretion, that it is in its best interests to do so.
You are solely responsible for contents you upload, post, email or otherwise transmit via the Website.
Any suspected fraudulent, abusive or illegal activity conducted on the Website may be referred by the Company to the law enforcement authorities. This is in addition to any other remedies the Company may have.
You retain ownership and responsibility for any messages, chat communications, billboard postings, software, photographs, drawings, graphics, profiles, opinions, ideas, images, videos, audio files or other materials or information posted, uploaded, emailed, transmitted or otherwise made available to the Website by you (collectively “User Content”).
You confirm that you have the right and permission needed to share the User Content on the Website.
By accessing interacting with the Website you grant the Company a worldwide, perpetual, unrestricted, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content. This license continues after you stop using the Website. You acknowledge that this license includes the right for the Company to make User Content available to other users of the Website.
You may remove User Content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website. The Company is not responsible or liable for the removal or deletion of (or failure to remove or delete) User Content.
The Company does not control User Content posted on the Website and the Company does not extend any representation as to the accuracy, integrity or quality of such User Content.
You accept that by accessing the Website you may be exposed to User Content which is, in your opinion, offensive, indecent or objectionable. Under no circumstances will the Company be liable.
You acknowledge that the Company has the right, but not the obligation, in its sole discretion to refuse to post or to remove or modify any User Content.
PRODUCT DESCRIPTIONS APPEARING ON WEBSITE
The Company offers products for purchase on the Website (the “Products”).
The Company will strive to ensure that Products supplied to you correspond as closely as possible to the Products displayed and described on the Website. However, the Company is not responsible if the Products supplied do not correspond to the Products displayed and described on the Website or for variations in the Products, including but not limited to variations in colour, smell or shape of the Products.
The Company will make available Products for purchase through the Website and may use third-party suppliers and service providers to enable e-commerce functionality on the Website.
The Company reserve the right to refuse any order you place with us without stating reasons and unless the Product has been delivered, your offer will not be deemed accepted and the Company.
The Company may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. The Company reserves its right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
Prices and availability of the Products offered for purchase on the Website are subject to change without prior notice and at the Company’s sole discretion.
If you wish to purchase Products made available through the Website, you may be asked to provide certain information relevant to the transaction including your credit/debit card number, the expiration date of your credit/debit card, one-time passwords/ PINs, your billing address, your UPI details and shipping information.
You warrant that you have the legal right to use any credit/debit card(s)/UPI/ net banking utilized in connection with any transaction undertaken on or through the Website. Further, by submitting such information, you grant the Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.
The Company may be required to verify your information prior to the acknowledgment or completion of any transaction.
The Company shall not be responsible for the consequences of any incomplete or incorrect information provided by you.
SHIPPING OF PRODUCTS
Receipt of an electronic order or other form of order confirmation does not signify the Company’s acceptance of your order, nor does it constitute an intention to sell and the Company reserves its right at any time after receipt of your order to accept or decline your order for any reason.
Products will be shipped as per availability. The Company does not extend any representation that the Products will be delivered to you within any time frame and the Company will not be responsible for any consequences arising out of delayed delivery of Products.
The Company will inform you if any Product(s) ordered are out-of-stock.
Under no circumstances shall the Company be liable in case of non-availability of Products or if it is unable to ship a Product offered for sale.
REFUND & REPLACEMENT POLICY
We may contact you to ascertain the damage or defect in the product prior to issuing refund/replacement.
Refunds will be through bank transfers. No cash refunds will be made. It would take our team at least 5 to 7 business days post refund initiation for online refund to be initiated.
In case of NEFT, it would require us at least 3 to 5 business days post refund initiation to refund your amount. For Prepaid orders the amount shall be credited to your account through which the payment was done. It may take 7-10 business days for the amount to reflect in your account.
The Company may, from time to time runs promotions on the Website (the “Promotions”). The Company reserves its right to modify or discontinue, at any time without prior notice, any or all Promotions. In such an event the Company will not be liable to you or to any third party for modification or discontinuation of Promotions.
The Company reserves the right to choose whom to allow to access the Promotions. This means that Company has the right to deny you access to any or all Promotions without providing you with any reason.
DISCLAIMER & LIMITATION OF LIABILITY
Content displayed on the Website is displayed on an “as is”/ “as available” basis without any warranty or condition, express or implied. In no event will the Company or its affiliates, directors, employees, agents, licensors, partners, suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the Terms, the Website or you accessing the Website.
You hereby agree to defend, indemnify and hold the Company and its affiliates, contractors, employees, officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses, caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of the Terms or any of the covenants made by you herein.
INTELLECTUAL PROPERTY RIGHTS
All material and content displayed on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software belong to the Company, or the Company’s affiliates or content suppliers, and is protected by intellectual property laws. The compilation of content on Website and software used on the Website are the Company’s exclusive property and is protected by law. You agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly.
Without the prior written consent of the Company modification of materials, use of materials on any other website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
LICENSE TO USE WEBSITE
The Company grants you a limited license to access and make use of the Website, but not to modify it or any portion of it. This limited license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.
The Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
The Company may, in its sole discretion and without reason or consequence, suspend or terminate your account (or any part thereof) or restrict your access to the Website (or portions of the Website).
The Website may contain links to websites of third parties, including social media websites and Product manufacturers. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such third-party website(s). The links and interactive functionality for third-party sites on the Website in no way constitutes an endorsement by the Company of these third-party website(s). Other websites may link to the Website with or without the Company’s authorization. Your use of third-party website(s) and resources is at your own risk.
GOVERNING LAW AND JURISDICITON
These Terms are governed by and construed in accordance with the laws of India and you agree to submit to the exclusive jurisdiction of courts in Mumbai, India.