Terms of service

These terms and conditions (“Terms and Conditions”) along with the privacy policy of the Company as available on the Platform (“Privacy Policy”) and other terms and conditions of the Platform, govern your visit and use of the Platform for sale of Company’s products (“Products”) and any other services offered through the Platform(s) (“Services”) operated by the Company.

In these Terms and Conditions “We” and “Us” refers to the Company and "You", "Your" and/or “Users” refers to the user(s) of the Platform. Our Platform is for the Users intending to purchase the Products and/ or for availing the Services. If You are a resident of the United States and under the age of 18, or if You are a resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, You and Your parent or legal guardian should review these Terms and Conditions to make sure that You and Your parent or legal guardian understands and agrees to it, and by using the Platform, You confirm to us that Your use of the Platform is with the permission of Your parent or legal guardian, and further, if required, You and Your parent or legal guardian shall perform or undertake such activities which will entitle You to enter into a legally binding and enforceable agreement with the Company in accordance with these Terms and Conditions. By using the Platform or accepting these Terms and Conditions, You and Your parent or legal guardian represent and warrant to the Company that You or Your parent or legal guardian are 21 years of age or older, and that You have the right, authority, and capacity to use the Platform and agree to and abide by these Terms and Conditions. If You represent a company, partnership firm or LLP, You shall be eligible to access and use the Platform to conduct the transactions on its behalf only if You have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity. If You are purchasing the Products and/ or availing the Services on behalf of an organisation or any legal entity as admin user (“Admin User”), You represent and warrant that You have the actual and valid authority to agree to these Terms and Conditions on behalf of such organisation and/or legal entity.

Please read these Terms and Conditions and Privacy Policy (as updated on the Platform from time to time) carefully. By accessing and utilising the Platform, You indicate, agree and acknowledge that You understand and consent to these Terms and Conditions, our Privacy Policy and other terms and conditions of the Platform (including with respect to shipping & returns) (hereinafter collectively referred to as the “User Agreement”), and to the collection and use of information in accordance with the User Agreement.

IMPORTANT: THESE TERMS AND CONDITIONS CONTAINS A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTE RESOLUTION SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.

• CHANGES TO TERMS AND CONDITIONS

We reserve the right to amend and/or modify these Terms and Conditions at any time by posting the amended terms (“Revised Terms”) on the Platform. Any change or modification to these Terms and Conditions shall be effective immediately from the date of upload of such Revised Terms on the Platform. It is Your responsibility to review these Terms and Conditions periodically. Your continued use of the Platform following the posting of Revised Terms shall imply Your acknowledgement and agreement with the Revised Terms, which shall be binding on You. If You do not agree to the Revised Terms, You are no longer authorized to use the Platform and the Services.

• PRODUCTS

The Platform offers Products for sale and Services. The Products shall include trial products and the products offered free of cost. By placing an order through the Platform, You agree to the User Agreement set forth herein. The Products described on the Platform, and any samples thereof, we may provide to You, are for personal use only. You shall not sell or resell any of the Products, or samples thereof, You receive from Us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to You that we believe, in our sole discretion, may result in the violation of our Terms and Conditions and/or applicable law.

The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Products or any of the Services, may be subject to change, without notice or liability.

• PURCHASES, RETURNS AND EXCHANGES

      Order Cancellation

Orders once placed cannot be cancelled.

The customer can request for a refund or replacement after the product is delivered and by satisfying all the criteria mentioned in the return policy below.

      Return/ Refund Policy

      Plix offers a 90 day satisfaction guarantee on all our products.

We encourage everyone to try our products for 3 months and have a 90-day happiness guarantee / refund policy. If you are not satisfied with our products, you can request to be refunded provided the return is requested within 90 days of the delivery date.

All items must be pre-approved for return by emailing us at usacare@plixlifecom stating the reason for wanting to return the product along with pictures / video as applicable. Basically, if you simply send a product back without contacting us, we cannot facilitate a corresponding return.

Please note the refund amount will be calculated as per below.

Customer total order minus a shipping + restocking fee. Shipping + restocking fee is 35% for one time purchase & 40% for subscription.

After processing, refunds take 5-10 business days to post in the customer's account. Refunds are issued to the original payment method used in the transaction. Please do not initiate a charge back during this period. All shipping costs are non-refundable.

Cancellation of subscription orders

Your subscription order gets auto renewed on the same date of the next month from your initial order date. Ex- If you have placed a subscription order on 1st March 2024, then it will get auto renewed on 1st April 2024.

To cancel your subscription, please email us at usacare@plixlife.com at least 72 hours before your subscription renewal date. This allows us to process your cancellation in a timely manner.

Or

You can also cancel your subscription on your own by following the below steps at least 24 hours before your subscription renewal date.

1. Open your subscription email with the subject line – “Subscription activated from plixlife unitedstates” and click on Manage Subscriptions

2. Click on the product you want to cancel the subscription for

3. Click on Cancel Subscription, then click on Next, then click on cancel subscription,

4. Once your subscription gets cancelled, you will receive a cancellation confirmation email

If we do not receive your cancellation request within this timeframe, your upcoming subscription order will be shipped as planned. However, all subsequent subscription orders will be cancelled, and no further charges will be applied after this shipment.

*How to check your next subscription date?

Open your subscription email with the subject line - “Subscription activated from plixlife unitedstates” and click on Manage Subscriptions

For damaged products or other discrepancies in the order received

If your product has been damaged in transit or there is an error in your shipment, please email us within 7 days of receiving your order at usacare@plixlife.com to alert us of the damage along with a picture of the damage. We will ship out a replacement, if available. If a replacement is not available, we will refund the full purchase price of your item. Kindly do not initiate a chargeback without receiving a confirmation from us on email.

Please note the below before applying for a return

 Plix limits returns to up to 2 unique items per customer.

 Plix reserves the right to accept or reject a return request at its sole discretion.

 If you have used promotional offers on your order, then we cannot accept returns on   your order. Exchanges will be allowed on a case by case basis.

• USER ACCOUNTS

To purchase any Products or Services, You must: (a) be at least 18 years of age, (b) provide Us with current, complete and valid payment information associated with a credit card or other payment method that You are authorized to use, and (c) authorize Us to charge Your credit card or other payment method for the price of the Products or Services that You request, together with any taxes, fees, or shipping charges described on the Services.

You also agree to promptly update Your account and other information, including Your email address and credit card or other payment method and associated expiration dates, so that We can complete Your transactions and contact You as needed (“User Account”).

In case the Products needs to be purchased/ Services needs to be availed by a person who does not fulfil the age requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a User is a minor/child, then the account must be created by the parents or legal guardian who qualifies the age requirements and has agreed to these Terms and Conditions, and the Users may use the Platform with the consent of, and under the supervision of, their parent or legal guardian. 

You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the sign-up process; (b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete; and (c) that the information provided, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. If You provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate Your User Account and refuse current or future use of the Platform.

You are responsible for maintaining the confidentiality of Your account and/or password, including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with our Platform or a third-party platform. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. If We found a breach or suspected breach of the security of Your User Account, We may require You to change Your password, temporarily or permanently block or suspend Your User Account without any liability to the Company. 

You may not use a username, which is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use a username or any name that is offensive, vulgar or obscene or which cannot be used in accordance with applicable law.

When You sign up for or use our Products and Services, You may give Us permission to access Your information in other services.  For example, You may link Your Facebook account, which allows Us to obtain information from those accounts (like Your full name and email). The information We get from those services often depends on Your settings or their privacy policies.

We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content, or cancel orders or refuse Services in our sole discretion.

• LICENSE TO ACCESS PLATFORM

We grant You a limited license to access and make personal use of the Platform, but not to modify it, or any portion of it. This license does not include any resale or commercial use of the Platform or its contents; any derivative use of the Platform 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 Platform 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.

• PERSONAL USE ONLY

All orders of our Products must be for personal use only. The resale of our Products by or through any third-party owned or operated websites, online auction, third party online marketplace, store or digital platform (including but not limited to Amazon, Etsy, Shopify, eBay, Alibaba or other similar websites) is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and if We have reason to believe that Your order is not for personal use.

• NO PROFESSIONAL OR MEDICAL ADVICE

The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Some portions of the Services may allow You to submit questions either to Us or to third parties who have agreed to communicate with our Users. Although We provide information about our Products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, You should never use the information You obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. YOU SHOULD DISCUSS ANY MEDICATIONS OR NUTRITIONAL SUPPLEMENTS YOU ARE USING WITH A HEALTHCARE PROVIDER BEFORE USING ANY NEW MEDICATIONS OR SUPPLEMENTS. THE STATEMENTS ON THE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IF YOU ARE PREGNANT, NURSING, TAKING MEDICATION, OR HAVE A HISTORY OF HEART CONDITIONS, WE SUGGEST THAT YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS.

• PROHIBITED USES

You are prohibited from using the Website or its content (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of destructive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of our Products, the Services or any related website for violating any of the prohibited uses.

• COMMUNICATIONS

When You use the Platform or send emails or other data, information or communication to the Platform You agree and understand that You are communicating with the Company through electronic modes and other telecommunication modes and by using the Platform, You agree to subscribe to newsletters, marketing or promotional materials and other information We may send via any and all electronic, digital and other telecommunication modes. However, You may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or by emailing Us at usacare@plixlife.com. 

The Company may, based on any form of access to the Platform or services or registrations through any source whatsoever, contact the User through Platform, WhatsApp, SMS, email, and call, to give information about its Products/ Services as well as notifications on various important updates, account set-up, order confirmation, delivery information, tracking of courier, promotions, etc. The User expressly grants such permission to contact him/her/it through Platform, telephone, WhatsApp, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database or the User’s mobile number is not reachable after multiple efforts of failed calling by the Company. By registering Yourself, You agree to make Your contact details available to our employees, associates and partners so that You may be contacted for account set-up, order confirmation, delivery information, tracking of courier, promotions, etc. through telephone, WhatsApp, SMS, email, etc.

• PAYMENT

The Payments for the Products/ Services available on the Platform may be made in the following ways:

Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, QR, PayPal and reward points.

The Company may enable payments via a third-party payment processor (the “Payment Processor”) to bill You through a payment account linked to Your account for the Products/ Services (Your “Billing Account”). The processing of payments will be subject to the terms, conditions and Privacy Policy of the Payment Processor in addition to these Terms and Condition. We are not responsible for errors by the Payment Processor. By choosing to use the Platform to buy Products/ Services, You agree to pay Us, through the Payment Processor, all charges at the prices then in effect for any use of such Product/ Services in accordance with the applicable payment terms and You authorize Us, through the Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payments using that selected Payment Method. Further, while availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorisation for any transaction; 
2. Exceeding the pre-set limit mutually agreed by You and between the third-party bank; 
3. Any payment issues arising out of the transaction; or
4. Decline of transaction for any other reasons.
5. The Company will not be responsible for any money collected by a third-party by impersonating any representative of the Company.

• Content 

Our Platform allows You to post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, or other material (“Content”). You are responsible for Content that You post on or through the Platform, including its legality, reliability, and appropriateness.

By posting Content on or through the Platform, You represent and warrant that: (a) Content is Yours (You own it) and/or You have the right to use, distribute it and the right to grant Us the rights and license as provided in these Terms and Conditions, and (b) that the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

You shall not post, host, display, upload, modify, publish, transmit, store, update or share any Content or information on the Platform that:

1. belongs to another person and to which You do not have any right to; or
2. that is grossly harmful, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, hateful, insulting or harassing on the basis of gender, religiously, racially or, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing or misleading in any way; or promoting any such illegal activities; or otherwise inconsistent with or contrary to the laws in force; or
3. is patently offensive to the online community, such as sexually explicit content, religiously offensive content or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
4. harasses or advocates harassment of another person; or involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
5. infringes upon or violates any third party’s rights, including without limitation unauthorized disclosure of any person’s personal information e.g., a person’s name, email address, physical address or phone number or rights of publicity; or
6. infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent; or
7. promotes an infringement of, or illegal or unauthorized copy of another person’s copyrighted work; or
8. provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; or
9. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/her guardian in the case of minor; or
10. refers to any website or URL that, in the sole discretion of the Company contains material that is inappropriate for the Platform, or URL of any other website contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions; or
11. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
12. intends to advertise or engage in commercial activities and/or sales without prior written consent of the Company or intends to mislead, defraud or cheat any person. Throughout these Terms and Conditions, the Company’s prior written consent means a communication coming from the Company’s legal personnel, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or
13. interferes with another User’s use and access to the Platform; or
14. is harmful to child or harms minors in any way; or
15. violates any law for the time being in force; or
16. deceives or misleads the reader/ addressee/ Users about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, or grossly offensive or menacing in nature; or impersonate another person; or
17. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains virus, malware or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
18. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
19. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or

The Company is under no obligation to examine or verify any Content posted on the Platform by You, and the Company assumes no responsibility or liability relating to any such Content on the Platform; nor does the Company assumes or shall assume responsibility or liability for breach of any of Your obligation(s) under these Terms and Conditions. Notwithstanding the above, the Company has the right but not the obligation to monitor, edit, delete the Content provided by users and may decline to accept and/or remove any Content that contain any information inconsistent with these Terms and Conditions. Any Content uploaded by You shall be subject to the relevant laws and these Terms and Conditions and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if You are found to be in non-compliance with the laws and regulations, these Terms and Conditions, or the User Agreement, the Company may terminate Your account/block Your access to the Platform or permanently disable User account and We reserve the right to remove any non-compliant Content uploaded by You and/or claim indemnity on account of such non-compliance. We reserve the right to terminate the account of anyone found to be infringing any intellectual property right of any other person or violating any applicable laws or these Terms and Conditions. Company reserves the rights mentioned herein above and may at its sole discretion determine that action of such User has resulted in breach of any other policy or Terms and Conditions. You specifically agree that the Company shall not be responsible for any unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received through the Platform. Further, under no circumstances, the Company shall be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including but not limited to misuse of any data, unfair trade practices, fraud, cyber-squatting, hacking and other cyber-crimes.

You retain any and all of Your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party posts on or through the Platform. However, by posting Content using the Platform You grant Us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use, modify, publicly perform, publicly display, reproduce, distribute and re-distribute such Content on and through the Platform. You agree that this license includes the right for Us to make Your Content available to other users of the Platform, who may also use Your Content subject to these Terms and Conditions. You also acknowledge that owing to the manner in which the Platform is used, Your Content may be available to other Users on the Platform.

In addition, any data, information, material and other content found on or through the Platform are the property of the Company or licensed to the Company. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said data, information, material or other content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Us.

You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

• CHAT SUPPORT 

The chat support/facility has been provided to help You with any and all Platform related queries. Any use of the Platform shall be subject to the following conditions:

1. The Company may suspend the chat service at any time without notice;
2. The Company or its executives are not responsible for any delay caused in attending to or replying to the queries via chat;
3. Communication through chat may be stored by the Company for future reference, and the User of such service will not have the right to access such information at any future date;
4. While 'chatting', You may not communicate any objectionable information i.e., unlawful, threatening, abusive, defamatory, obscene information; and
5. The chat room shall not be used to sell any Products, to give suggestion on business opportunity or any other form of solicitation.

You may proceed further and chat with our online customer care executive only if You agree to the above Terms and Conditions. 

• USE OF THE PLATFORM

You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You hereby agree not to use the Platform:

1. In any way that violates any applicable national or international laws or regulations;
2. For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise;
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
4. To impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity; 
5. In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by Us, may harm or offend Company or users of the Services or expose them to any liability.

Additionally, You agree not to:

1. Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
2. Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, process, program or means to access the Platform and/or the Product/ Services for any purpose, including monitoring or copying any of the material on the Platform;
3. Use any manual process to monitor or copy any of the material from the Platform for any unauthorized purpose without our prior written consent;
4. Use the Platform for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions, or for any other activity which infringes the rights of the Company or others;
5. Use any device, software, or routine that interferes with the proper working of the Platform;
6. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
8. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
9. Take any action that may damage or falsify Company rating;
10. In any way decompile, reverse engineer, or disassemble any material or Content on the Platform; or
11. Otherwise attempt to interfere with the proper working of the Platform.

• ANALYTICS

Towards optimization of the offerings on the Platform, We may use third-party service providers to collect data and analyse Your use of our Platform.

• INTELLECTUAL PROPERTY RIGHTS

The Platform and its original content (excluding Content provided by Users), proprietary rights and trade secrets in the Products, features and functionality, structure, expression, “look and feel”, all graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Company Data”) are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company. Our trademarks may not be used in connection with any Product or Services without the prior written consent of the Company. No trademark is granted in connection with the Products or the materials contained on the Platform. The access to the Platform does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Platform whether registered or unregistered, are the intellectual property of the Company.

Except as expressly provided in these Terms and Conditions, no part of the Platform and no Company Data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Company Data on the Platform is solely for Your personal, limited and non-exclusive use. Use of the Company Data on any other website or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

• COPYRIGHT POLICY

We respect the intellectual property rights of others and expect our Users to do the same. The Company may terminate in appropriate circumstances the accounts of Users who infringe or are believed to be infringing the rights of copyright holders.

• PRIVACY

The Company believes strongly in protecting User privacy and providing You with notice of the Company’s use of data. Please refer to the Company Privacy Policy, incorporated by reference herein, that is uploaded on the Platform. 

• ERROR REPORTING AND FEEDBACK

You may provide Us either directly at usacare@plixlife.com or via third-party websites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Platform (“Feedback”). You acknowledge and agree that: (a) You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (b) Company may have development ideas similar to the Feedback; (c) Feedback shall not contain confidential information or proprietary information from You or any third party; and (d) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws. You grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. 

• LINKS TO OTHER WEBSITES 

Our Platform uses third party application program interfaces and may contain links to third party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the Content, Privacy Policy, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities / individuals or their websites.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise You to read Terms and Conditions and Privacy Policy of any third-party websites or services that You visit.

• DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Plix respects the intellectual property rights of others and you are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing. If you believe our Intellectual Property, Products, Services (or any portion of them) infringes your copyright, please provide a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; a description of the copyrighted work that you believe has been infringed; the location of this allegedly infringing material; your address, telephone number and email address and any other pertinent information sufficient to allow Plix to contact you; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Notices of claimed copyright infringement should be directed to Stelcore Retail LLC, United States, 525 Route, 73 North Ste104 Marlton, NJ Marlton, 08053 or by email to usacare@plixlife.com (with “notice of infringement” in the subject line).

• DISCLAIMER OF WARRANTIES 

THE PLATFORM AND THE COMPANY DATA ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCT/ SERVICES ON THE PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, THEIR CONTENT, OR ANY PRODUCT OR SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY PRODUCTS/ SERVICES OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR CLAIMS BY YOU OR ANY THIRD-PARTY IN THIS REGARD. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• LIMITATION OF LIABILITY

YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES SHALL NOT BE RESPONSIBLE FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES, OR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR DATA, REPLACEMENT COSTS, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE THAT MAY RESULT FROM THE PRODUCTS OR SERVICES. THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE PLATFORM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU LATER THAN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

• INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your acts, omissions, breach of these Terms and Conditions (including any documents incorporated by reference) or Your violation of any law or the rights of a third party.

• TERMINATION

We may terminate or suspend Your account and bar access to the Platform, without prior notice or liability, if We reasonably believe, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions or any other agreement.

Following termination, You will not be permitted to use the Platform and the Company may, in its sole discretion and without advance notice to You, cancel any outstanding orders for Products/ Services. If Your access to the Platform is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Platform. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it. Notwithstanding the foregoing, if You breach these Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by You or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

Upon termination for any reason of the Terms and Conditions by either You or Company, You must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of these Terms and Conditions shall not cancel Your obligation to pay for the Product already ordered from the Platform or affect any liability that may have arisen under these Terms and Conditions.

• DISPUTE RESOLUTION AND ARBITRATION AGREEMENT 

Any dispute or claim arising out of or relating in any way to the Website, these Terms and Conditions, the Products or the Services will be resolved exclusively by final and binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. Also, this Arbitration Agreement will not preclude any action for injunctive relief in aid of arbitration. This Arbitration Agreement applies to any dispute or claim between the parties and/or their parents, subsidiaries, employees, agents, officers, or owners (who shall be third-party beneficiaries of this provision). The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. The arbitration will be conducted by a neutral arbitrator, rather than by a judge or jury. The arbitrator can only award on an individual basis and must rely on these Terms and Conditions. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Either party may initiate arbitration by providing written notice to the other party and filing a demand with the AAA. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees to the AAA for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous or brought for an improper purpose. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against a party and may not preside over any kind of representative or class proceeding. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY USED THE WEBSITE OR SERVICES AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND STOP USING THE WEBSITE, PRODUCTS AND SERVICES.

• GOVERNING LAW

Subject to the “Arbitration Agreement” provisions above, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any conflicts of law provisions. To the extent that Your agreement to arbitrate is not deemed to apply, You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of New Jersey] to adjudicate and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, directors and content providers or in any other way relating to the Website, including, content or user content.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF NEW JERSEY IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

• SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and shall not affect the validity and enforceability of any other remaining provisions.

• ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Website or in respect to the Products or Services constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

• FORCE MAJEURE

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, inducement of any virus, trojan or other disruptive mechanisms, network down time, any event of hacking or illegal usage of the Platform, utility or communication failures, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government,  prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease.

• CONTACT US 

If You have any questions or comments about these Terms or the Website, please contact Us by:

Name:  Shankar Pillai

Email:  usacare@plixlife.com