TERMS OF SERVICE AGREEMENT

LAST REVISION: 16 Aug 2023

Kindly review this Terms of Service agreement attentively. Through your utilization of this website or the procurement of products from it, you express your consent to abide by all the terms and conditions outlined in this agreement.

This Agreement, referred to as the "Terms of Service Agreement," governs your utilization of the website kavachone.com, as well as your engagement with products/services offered by KavachOne Solutions Pvt Ltd for purchase on this website. This Agreement incorporates the policies and guidelines mentioned below by reference. KavachOne Solutions Pvt Ltd retains the right to modify or amend the terms and conditions outlined in this Agreement at any time by publishing such changes or a revised Agreement on this website. Notification of changes or revisions will be provided by KavachOne Solutions Pvt Ltd through the date of the last revision indicated at the top of this Agreement. Any alterations or revisions will be effective immediately upon posting on this website. Your continued use of the website after such changes or a revised Agreement are posted signifies your acceptance of these modifications or revisions. KavachOne Solutions Pvt Ltd recommends reviewing this Agreement whenever you visit the website to ensure your comprehension of the governing terms and conditions. This Agreement does not modify any terms or conditions present in any other written agreement you may have with KavachOne Solutions Pvt Ltd for additional products or services. If you do not consent to this Agreement (including referenced policies and guidelines), kindly discontinue your use of the website promptly.

I. PRODUCTS

Offer Terms: This website provides specific products/services as detailed on the site for purchase. When you make a product order through this website, you are bound by the terms outlined in this Agreement.

Customer Solicitation: Unless you inform our third-party call center representatives or the sales representatives of KavachOne Solutions Pvt Ltd during their call that you wish to decline further direct communications and solicitations from the company, you are consenting to receiving additional emails and call solicitations from KavachOne Solutions Pvt Ltd and the specific in-house or third-party call team(s) designated by the company.

Opt Out Procedure: We offer three straightforward methods to opt out of future solicitations:

1. You can utilize the opt-out link present in any email solicitation you receive.

2. Alternatively, you have the option to opt out by sending your email address to: info@kavachone.com.

3. You may send a written remove request to KavachOne solutions Pvt Ltd, AT/PO-Ghantapada, Dist-Angul, Odisha-759103.

Proprietary Rights: KavachOne Solutions Pvt Ltd possesses exclusive proprietary rights and trade secrets pertaining to the Products. Replicating, reproducing, reselling, or redistributing any Product produced and/or circulated by KavachOne Solutions Pvt Ltd is prohibited. Additionally, KavachOne Solutions Pvt Ltd retains ownership of all trademarks, trade dress, and distinct webpage layouts, encompassing calls to action, text arrangement, images, and other content.

Sales Tax: If you purchase any Products/Services, you will be responsible for paying any applicable sales tax.

II. 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. KavachOne Solutions Pvt Ltd does not always create the information offered on this Website, instead the information is often gathered from other sources. To the extent that KavachOne Solutions Pvt Ltd 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. KavachOne Solutions Pvt Ltd does not endorse the contents on any such third-party websites. KavachOne Solutions Pvt Ltd 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: KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd 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. KavachOne Solutions Pvt Ltd 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. KavachOne Solutions Pvt Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. KavachOne Solutions Pvt Ltd reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content KavachOne Solutions Pvt Ltd deems objectionable, in KavachOne Solutions Pvt Ltd 's sole discretion.

III. DISCLAIMER OF WARRANTIES

Your utilization of this website and/or products is solely at your own risk. The website and products are provided on an "as is" and "as available" basis. KavachOne Solutions Pvt Ltd explicitly disclaims all types of warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning the products or website content, as well as any reliance on or usage of the website content or products. (The term "products" includes trial products.) Without limiting the generality of the above, KavachOne Solutions Pvt Ltd provides no assurance:

Regarding the accuracy, reliability, completeness, or timeliness of the information furnished on this website.

That the links to third-party websites direct to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained from this website will establish any warranty not explicitly mentioned here. Regarding the outcomes that might arise from using the products or the rectification of defects in the products. Concerning any products acquired or obtained through the website. Certain jurisdictions might not allow the exclusion of specific warranties, thus some of the exclusions mentioned above might not be applicable to you.

IV. LIMITATION OF LIABILITY

KavachOne Solutions Pvt Ltd's complete liability, and your exclusive remedy, whether in law, equity, or any other form, concerning the website content and products, and/or any violation of this agreement, is strictly restricted to the amount you paid, excluding shipping and handling, for the products obtained through the website.

KavachOne Solutions Pvt Ltd shall not be held accountable for any direct, indirect, incidental, special, or consequential damages associated with this agreement or the products, in any manner, including liabilities arising from:

a) The use or incapacity to use the website content or products.

b) The expenditure of acquiring substitute products or content.

c) Any products bought, obtained, or transactions undertaken via the website.

d) Any alleged lost profits.

Certain jurisdictions might not permit the limitation or exclusion of liability for incidental or consequential damages, hence certain aspects of the above limitations might not be applicable to you.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless KavachOne solutions Pvt Ltd, 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 KavachOne solutions Pvt Ltd. When KavachOne Solutions Pvt Ltd is threatened with suit or sued by a third party, KavachOne Solutions Pvt Ltd may seek written assurances from you concerning your promise to indemnify KavachOne solutions Pvt Ltd, your failure to provide such assurances may be considered by KavachOne solutions Pvt Ltd] to be a material breach of this Agreement. KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd choice at its expense. KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd against any claim, but you must receive KavachOne Solutions Pvt Ltd 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.

VI. PRIVACY

KavachOne Solutions Pvt Ltd believes strongly in protecting user privacy and providing you with notice of KavachOne Solutions Pvt Ltd 's use of data. Please refer to KavachOne Solutions Pvt Ltd privacy policy, incorporated by reference herein, that is posted on the Website.

VI. 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.

VII. GENERAL

Force Majeure. KavachOne Solutions Pvt Ltd 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. KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of KavachOne Solutions Pvt Ltd 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 Talcher, Odisha. This Agreement will be governed by the laws of the State of Odisha without regard to its conflict of law principles to the contrary. Neither you nor KavachOne Solutions Pvt Ltd 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 Odisha. 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. KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd 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, KavachOne Solutions Pvt Ltd 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 KavachOne Solutions Pvt Ltd chooses, in its sole discretion and without advance to you, to terminate it.

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.