TERMS OF SERVICE/CONDITIONS AGREEMENT
LAST REVISION: 13/11/2018
These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by Bugial.com. These Terms and Conditions represent the whole agreement and understanding between Bugial.com and the individual or entity who subscribes to our service or product or anything related to Bugial.com .
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. On breaching of the Agreement , Bugial.com can terminate your service / product / membership or anything by which you are associated with Bugial.com , with or without any notice serve to you . By accepting Terms and Conditions you are also accepting our privacy, disclaimer, refund & cancellation policies.
Bugial.com reserves the righ to change / modify the agreement , with or with a notice serve to you .. Such changes or modifications shall be made effective for all Subscribers/Members upon posting of the modified Agreement to this web address . You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Terms of Offer : This Website offers for sale certain products & services. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: The Bugial.com team or their authorized third party can call / text / whatsapp / email you to your submitted communicating information , until or unless you opt out yourself from these services by intimating us in written form .
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations;
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
- You may send a mail for opting out our services to our postal address at : 18/6, Ballygunge Place(east), Kolkata 700019, West Bengal, INDIA.
Proprietary Rights : BUGIAL has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product or service, manufactured and/or distributed by BUGIAL BUGIAL 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.
Tax : If you purchase any Products/services, you will be responsible for paying any applicable tax.
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. BUGIALdoes not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that BUGIALdoes 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. BUGIALdoes not endorse the contents on any such third-party websites. BUGIALis 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; BUGIAL 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 BUGIAL 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 BUGIALa 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. BUGIALdoes 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. BUGIALis not liable for any damage or harm resulting from any posts by or interactions between users. BUGIALreserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content BUGIALdeems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. BUGIALExpressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
Without limiting the generality of the foregoing, BUGIALMakes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- LIMITATION OF LIABILITY
BUGIALEntire liability, and your exclusive remedy, in law, in equity, or othwerwise, 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.
Bugial 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. Bugial will not be liable for any kind of delay of services due to any technical fault. Bugial will not be liable for any damages on wallet due to any technical fault. Bugial will not be liable for natural calamities damages/accident. There is always a risk involved in Trek , Camp & Safari or any other tour & travel . By participating in any Trek , Camp & Safari or any other tour & travel, the participants agree to be solely responsible for anything worst happen to them during Trek , Camp & Safari or any other tour & travel, if at all . We/Bugial may stop you to go to Trek , Camp & Safari or any other tour & traveling due to fitness, health, accidental or any issue at any point of time. Bugial will not be liable for any damages on any trekking equipment or on any kind of equipments. Cashback will be transfered only who will done booking using the accout.
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.
You will release, indemnify, defend and hold harmless BUGIAL., 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 BUGIAL. When BUGIALis threatened with suit or sued by a third party, BUGIALmay seek written assurances from you concerning your promise to indemnify BUGIAL.; your failure to provide such assurances may be considered by BUGIALto be a material breach of this Agreement. BUGIALwill 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 BUGIALchoice at its expense. BUGIALwill reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend BUGIAL against any claim, but you must receive BUGIALprior 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.
Force Majeure. BUGIALwill 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. BUGIALmay 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 BUGIAL and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of BUGIALto 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;Kolkata This Website originates from the Kolkata , West Bengal. This Agreement will be governed by the laws of the State of West Bengal without regard to its conflict of law principles to the contrary. Neither you nor BUGIAL 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 West Bengal. 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. BUGIALreserves 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 BUGIALmay, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, BUGIALreserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until BUGIAL chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. BUGIALmakes no representation that the Website or Products/services 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. BUGIAL 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 or any other medium, you agree to be bound by all of the terms and conditions & policies of this agreement.
Affiliate Partner Program (Program) Terms and Conditions
LAST REVISION: 13/11/2018
Before registering yourself as BUGIAL’s Authorized Affiliate Partner, you are hereby requested to read the Agreement carefully . Your acceptance or participation in BUGIAL’s program or activities illustrates that you agree to abide by each & every Terms & Conditions those are mentioned hereunder.
By acceptance of the AGREEMENT / TERMS & CONDITIONS , you are legally authorized by BUGIAL to Advertise , Sell or Promote BUGIAL’s Product through your own encouragement , physical visit , word of mouth , website , social media or any electronic media & non-electronic media . All the exceptions are mentioned here under .
- Approval or Rejection of the Application
Bugial reserve the Right to accept, suspend or Reject any Affiliate partner at any point of time without serve a NOTICE or any NOTIFICATION. You could not opt for legal action against BUGIAL for the suspend or rejection of your Affiliate partner Program Application.
- Commissions, reward & cashback
Commissions will be paid once a month into the wallet. Bugial may change the commission rate ,reward rate & cashback rate at any point of time without any reason without providing any notice to anyone. To get the commision customers/friends/family members have to mention and apply the copuon code Or have to use/apply affiliate url provided by Affiliator otherwise there is no commitions & reward Affiliator will get.
Affiliate Partner is a different entity altogether who can refer itself as BUGIAL would not treat them as Partner but CLIENT, hence the Affiliate Partner will not be entitled to receive any commission against its own account. There is a certain limitation of commission per referral. The commission to be made or paid only on the transactions those will end up with 100% successfully. Cashback will be transfered only who will done booking using the accout.
Any charge-back, cancel or refund transactions would not be considered for Commission Calculation.
Exclude shipping amount/costs from referral calculations.
Exclude discount amount/costs from referral calculations.
Bugial will credit the last affiliate partner who referred the customer.
Exclude taxes from referral calculations.
Cookie Expiration 30 days the referral tracking cookie should be valid for.
As per point no 1 , Bugial reserve the Right to Accept, Suspend or Reject any Affiliate Partner at any point of time without serve a NOTICE or any NOTIFICATION . Bugial may change/modify any categorie at any point of time without providing any notice to anyone. You could not opt for legal action against BUGIAL for the rejection of your Affiliate Program Application. Termination of Account / Affiliate Partner will take place based upon following reasons ;
- Inappropriate, False , Demeaning advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate partner relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Bugial reserves the right to require license agreements from those who employ trademarks of Bugial in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Bugial , however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, BUGIAL reserves the right to terminate any Affiliate partner Program (Program) account at any time, for any violations of this Agreement or no reason.
- Affiliate Links
You may use graphic and text links both on your website and within in your email messages and social media . You may also advertise the Bugial site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
- Coupon and Deal Sites
BUGIAL occasionally offers coupon to select affiliates and to our newsletter subscribers. Bugial may provide any disount coupon/offers to the customers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliate Partners may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliate Partners may not bid on Bugial Coupons, Bugial Discounts or other phrases implying coupons are available.
- Affiliate Partners may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate Partner Program (Program) sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
BUGIAL will not be liable for indirect or direct accidental damages (loss of revenue, commissions) due to Affiliate Partner Program (Program) tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not imply or express any warranties with respect to the PROGRAM , WEBSITE or the PRODUCT sold by BUGIAL . Aside, we also hereby declare that the PROGRAM APPLICATION / WEBSITE is not at all error free , so BUGIAL would not be liable for any disruption or interruption of any activities related to Affiliate Partner. Bugial will not be liable for any technical fault.
- Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate Partner Program (Program) account is terminated.
The terms and conditions of this agreement may be modified by us at any time without serving any notice , but the revised AGREEMENT / TERMS & CONDITIONS would be shared on website time to time . If any modification to the terms and conditions of this Agreement is unacceptable to you, your only choice is to terminate your Affiliate Partner Program (Program) account. Your continuing participation in the Program will constitute your acceptance of any change. Bugial may make the canditate/member join to Affiliate Partner Program (Program) over the phone, email, contact form, offline form or any other media/sources.
Affiliate Partner Program (Program) shall indemnify and hold harmless BUGIAL and its Affiliate Partner Program (Program) and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by BUGIAL to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate Partner Program (Program).
- Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the INDIA and the State of WEST BENGAL. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in KOLKATA, WEST BENGAL.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
- Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the BUGIAL Affiliate Partner Program (Program). You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or BUGIAL application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Pending – This is a referral that has been generated but is not yet confirmed.
Unpaid – This is a confirmed referral that is waiting to be paid out to the Affiliate Partner
Rejected – This is a referral that was rejected.
Paid – This is a referral that has been paid to the Affiliate Partner.