LyonsBarry, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “LyonsBarry” or “We” or “Our” or “Us” or “Company”) having registered office at #111, NGM, Sonkra Road, Taraori-132116, Karnal, Haryana, India with GSTIN 06AKSPG4409R2ZH and PAN AKSPG4409R. The domain name and the mobile application are collectively referred to as the “Website”. Alternative name of Ballia Corpus is LyonsBarry.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “you’re” or the “User”) on one part and LyonsBarry on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, you signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, you may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE OR OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The terms in this Agreement may change periodically and may be revised at any time and from time to time at our sole discretion by updating this posting. You should visit this page from time to time to review the then current terms of use because they are binding on you.
RISK OF LOSS/TITLE TRANSFER: All purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
Product Purchases: To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier. It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site. When ordering from LyonsBarry you are responsible for assuring the product can be lawfully imported into your country. Customers are the importers of record and must comply with all laws and regulations of the destination country. LyonsBarry support to purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. LyonsBarry support GST Invoice, Export Invoice & Commercial Invoice on requests for businesses or resellers.
Usage & Termination: By using our Site and/or participating in the Associate Program, you represent and agree that you are at least eighteen (18) years of age or older and are fully able and competent to agree to the terms in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.
Account Setup & Use: You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
Code of Conduct: LyonsBarry Code of Conduct is included in this Agreement. Not Healthcare Advice The products and claims made about specific products on or through the Site have not been evaluated by the Food Standard and safety Authority of India and are not approved to diagnose, treat, cure or prevent disease. The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options. Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on the Site. Links to or access from any third-party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third-party websites. Use of any third-party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the us directly for clarification as to product labelling and packaging details and recommended use.
Use of the site: You agree to use the Site and engage in the Programs for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site. You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations. We make no representation that materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside India, or that this Agreement complies with the laws of any other country. Users of the Site outside the India do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations, and undertake to, at the time of purchase of a product, to ascertain whether the importation of the respective product is allowed by the laws of their country and by the applicable governmental agencies. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
Termination or Suspension of the Agreement : This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site and the associate program. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.
Account Termination : We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our associate.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
Pricing: With respect to items sold by LyonsBarry, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. Subject to applicable law, if the correct price of an item sold by LyonsBarry is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
User Content and Conduct: User Generated Content Guidelines are included in this Agreement. All User Generated Content must comply with the guidelines which are a binding part of this Agreement. Additionally, all User Generated content should comply with the Code of Conduct in this Agreement. User Generate Content, including product reviews, solely reflect the views and opinions expressed by the contributor and not those of LyonsBarry. LyonsBarry does not verify or endorse any claims made in reviews. Statements regarding dietary supplements have not been evaluated by the FSSAI and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
Privacy: By agreeing and adhering to the terms of this Agreement, you also confirm that You understand Privacy Policy. To learn more about what we do with your information please review the Privacy Policy.
Consent to Communications. You consent to receive messages from us to the specific number(s) you have provided to us with information or questions about your account and/or orders. You may also have elected to receive marketing and promotional messages from us. Your consent to receive marketing and promotional messages is not required to purchase goods or services.
Indemnification : You agree to indemnify, defend and hold harmless LyonsBarry from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use or inability to use the Site, participation in any Program, products or services purchased or obtained by You in connection with the Site, any Site postings or activity related to your account made by You or another person, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to his section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us as a result of this claim. You shall not in any event settle any matter without prior written consent of LyonsBarry. In New Jersey, this indemnification provision does not apply to your liability resulting from intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of LyonsBarry.
Copyright, Trademarks and other Intellectual Property : You acknowledge that this Site and all materials on the Site or provided in connection with the Programs, including without limitation the Site’s or Programs design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site, including without limitation trademarks registered in the India, LyonsBarry®, are the sole property LyonsBarry or its affiliates. In addition all page headers, custom graphics and custom icons are Marks of LyonsBarry. LyonsBarry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by LyonsBarry for your personal and non-commercial use only (the “License”). You agree not to copy, modify, use, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site, Materials or Marks other than as expressly authorized by LyonsBarry in writing. This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by LyonsBarry and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of LyonsBarry by the respective trademark owners, or by LyonsBarry of the respective trademark owners.
Agreement: This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
Applicable Law; Jurisdiction; Individual Arbitration; Waiver of Jury Trial; and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of under jurisdictions of Karnal, State Haryana India, without giving effect to any choice of law or conflict of law.
EACH PARTY IS GIVING UP (WAIVING) ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE.
YOU AND LYONSBARRY ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION.
THE PARTIES ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. IF ANY PORTION OF THIS CLASS WAIVER PROVISION IS HELD INVALID OR UNENFORCEABLE, IT SHALL NOT BE SEVERED, AND THE ENTIRE AGREEMENT TO ARBITRATION SHALL BE UNENFORCEABLE.
The mutual promise by you and LyonsBarry Entities to arbitrate these disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either Party may exercise the right to arbitrate by providing the other Party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other Party of the substance of such claims, and a demand to arbitrate those claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and LyonsBarry otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator agreed to by the Parties or, if one cannot be agreed upon, In the event of any conflict between this agreement to arbitrate and the rules governing the arbitration, the terms of this agreement to arbitrate shall control.
The Parties are entitled to representation by an attorney or other representative of their choosing, and at their own costs. Each Party shall pay its own attorney fees. The parties agree to abide by and perform any award rendered by the arbitrator; provided, however, that the arbitrator shall not have the authority to award punitive or exemplary damages or to issue injunctive or other equitable relief. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will not be paid by LyonsBarry or Ballia Corpus.
Miscellaneous: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of LyonsBarry to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site, or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of LyonsBarry Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LyonsBarry, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “LyonsBarry” or “We” or “Our” or “Us” or “Company”) having registered office at #111, NGM, Sonkra Road, Taraori-132116, Karnal, Haryana, India with GSTIN 06AKSPG4409R2ZH and PAN AKSPG4409R. The domain name and the mobile application are collectively referred to as the “Website”. Alternative name of Ballia Corpus is LyonsBarry.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and LyonsBarry on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, you signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, you may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE OR OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The terms in this Agreement may change periodically and may be revised at any time and from time to time at our sole discretion by updating this posting. You should visit this page from time to time to review the then current terms of use because they are binding on you.
RISK OF LOSS/TITLE TRANSFER : All purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
Product Purchases: To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier. It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site. When ordering from LyonsBarry you are responsible for assuring the product can be lawfully imported into your country. Customers are the importers of record and must comply with all laws and regulations of the destination country. LyonsBarry support to purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. LyonsBarry support GST Invoice, Export Invoice & Commercial Invoice on requests for businesses or resellers.
Usage & Termination: By using our Site and/or participating in the Associate Program, you represent and agree that you are at least eighteen (18) years of age or older and are fully able and competent to agree to the terms in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.
Account Setup & Use: You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
Code of Conduct: LyonsBarry Code of Conduct is included in this Agreement. Not Healthcare Advice The products and claims made about specific products on or through the Site have not been evaluated by the Food Standard and safety Authority of India and are not approved to diagnose, treat, cure or prevent disease. The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options. Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on the Site. Links to or access from any third-party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third-party websites. Use of any third-party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the us directly for clarification as to product labelling and packaging details and recommended use.
Use of the site: You agree to use the Site and engage in the Programs for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site. You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations. We make no representation that materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside India, or that this Agreement complies with the laws of any other country. Users of the Site outside the India do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations, and undertake to, at the time of purchase of a product, to ascertain whether the importation of the respective product is allowed by the laws of their country and by the applicable governmental agencies. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
Termination or Suspension of the Agreement : This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site and the associate program. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.
Account Termination : We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our associate.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
Pricing: With respect to items sold by LyonsBarry, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. Subject to applicable law, if the correct price of an item sold by LyonsBarry is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
User Content and Conduct: User Generated Content Guidelines are included in this Agreement. All User Generated Content must comply with the guidelines which are a binding part of this Agreement. Additionally, all User Generated content should comply with the Code of Conduct in this Agreement. User Generate Content, including product reviews, solely reflect the views and opinions expressed by the contributor and not those of LyonsBarry. LyonsBarry does not verify or endorse any claims made in reviews. Statements regarding dietary supplements have not been evaluated by the FSSAI and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
Privacy: By agreeing and adhering to the terms of this Agreement, you also confirm that You understand Privacy Policy. To learn more about what we do with your information please review the Privacy Policy.
Consent to Communications. You consent to receive messages from us to the specific number(s) you have provided to us with information or questions about your account and/or orders. You may also have elected to receive marketing and promotional messages from us. Your consent to receive marketing and promotional messages is not required to purchase goods or services.
Indemnification : You agree to indemnify, defend and hold harmless LyonsBarry from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use or inability to use the Site, participation in any Program, products or services purchased or obtained by You in connection with the Site, any Site postings or activity related to your account made by You or another person, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to his section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us as a result of this claim. You shall not in any event settle any matter without prior written consent of LyonsBarry. In New Jersey, this indemnification provision does not apply to your liability resulting from intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of LyonsBarry.
Copyright, Trademarks and other Intellectual Property : You acknowledge that this Site and all materials on the Site or provided in connection with the Programs, including without limitation the Site’s or Programs design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site, including without limitation trademarks registered in the India, LyonsBarry®, are the sole property LyonsBarry or its affiliates. In addition all page headers, custom graphics and custom icons are Marks of LyonsBarry. LyonsBarry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by LyonsBarry for your personal and non-commercial use only (the “License”). You agree not to copy, modify, use, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site, Materials or Marks other than as expressly authorized by LyonsBarry in writing. This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by LyonsBarry and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of LyonsBarry by the respective trademark owners, or by LyonsBarry of the respective trademark owners.
Agreement: This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
Applicable Law; Jurisdiction; Individual Arbitration; Waiver of Jury Trial; and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of under jurisdictions of Karnal, State Haryana India, without giving effect to any choice of law or conflict of law.
EACH PARTY IS GIVING UP (WAIVING) ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE.
YOU AND LYONSBARRY ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION.
THE PARTIES ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. IF ANY PORTION OF THIS CLASS WAIVER PROVISION IS HELD INVALID OR UNENFORCEABLE, IT SHALL NOT BE SEVERED, AND THE ENTIRE AGREEMENT TO ARBITRATION SHALL BE UNENFORCEABLE.
The mutual promise by you and LyonsBarry Entities to arbitrate these disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either Party may exercise the right to arbitrate by providing the other Party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other Party of the substance of such claims, and a demand to arbitrate those claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and LyonsBarry otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator agreed to by the Parties or, if one cannot be agreed upon, In the event of any conflict between this agreement to arbitrate and the rules governing the arbitration, the terms of this agreement to arbitrate shall control.
The Parties are entitled to representation by an attorney or other representative of their choosing, and at their own costs. Each Party shall pay its own attorney fees. The parties agree to abide by and perform any award rendered by the arbitrator; provided, however, that the arbitrator shall not have the authority to award punitive or exemplary damages or to issue injunctive or other equitable relief. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will not be paid by LyonsBarry or Ballia Corpus.
Miscellaneous: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of LyonsBarry to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site, or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of LyonsBarry Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.