Terms of service

Overview

This website is operated by Nutaira. Throughout the site, the terms “we”, “us” and “our” refer to Nutaira Nutraceutical Private Limited. Nutaira offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing our dietary supplements (including Magnesium Glycinate), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Section 1 - Shopify Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services and immediate cancellation of any pending orders without liability to us.

Section 2 - Absolute Health & Medical Disclaimer

The information, content, and products provided on this website are for informational and dietary purposes only. They do not constitute medical advice, diagnosis, or treatment.

CRITICAL FDA DISCLOSURE: The statements made regarding our products, including Magnesium Glycinate, have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease, illness, or health condition.

  • Assumption of Risk: You explicitly acknowledge and agree that you are voluntarily consuming our dietary supplements and that individual biochemical responses to Magnesium Glycinate vary. You assume all risks associated with the use, misuse, or consumption of our products.
  • No Medical Substitute: Content on this site is not a substitute for professional medical advice. Always consult a licensed US healthcare professional before starting any supplement regimen, especially if you are pregnant, nursing, taking medications, or have a pre-existing medical condition.
  • Testimonials Disclaimer: Any customer reviews or testimonials displayed on this site represent individual experiences and are not a guarantee, warranty, or representation that you will achieve the same results.

Section 3 - Accuracy, Completeness, and Price Modifications

We are not responsible if information made available on this site is inaccurate, incomplete, or outdated. Any reliance on the material on this site is at your own sole risk. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product, flavor, or formulation without notice and without liability to you.

Section 4 - Right to Refuse and Cancel Orders

We reserve the absolute right to refuse or cancel any order you place with us for any reason, in our sole discretion. This includes, but is not limited to, orders that appear to be placed by dealers, resellers, distributors, or orders flagget by Shopify’s fraud detection system. If we cancel an order, our sole liability is to refund the amount processed to the original payment method.

Section 5 - Third-Party Links & Tools

We may provide access to third-party tools (like tracking apps or payment processors) "as is" and "as available" without any warranties of any kind. We bear zero liability arising from or relating to your use of optional third-party tools.

Section 6 - Prohibited Uses

You are strictly prohibited from using the site or its content for any unlawful purpose, to infringe upon our intellectual property, to submit false or misleading information, or to upload malicious code. A violation immediately terminates your right to use our store.

Section 7 - DISCLAIMER OF WARRANTIES; MAXIMUM LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF NUTAIRA NUTRACEUTICAL PRIVATE LIMITED.

"As-Is" Basis: Our website and all products delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, and non-infringement.

Exclusion of Damages: In no event shall Nutaira Nutraceutical Private Limited, our directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind—including, without limitation, lost profits, medical expenses, personal injury, health complications, or replacement costs—arising from your use or consumption of our Magnesium Glycinate.

THE LIABILITY CAP: To the maximum extent permitted by applicable United States law, the total aggregate liability of Nutaira Nutraceutical Private Limited for any claim, lawsuit, dispute, or cause of action arising out of your purchase or use of our products shall be strictly limited to, and shall not exceed, the exact purchase price paid by you for the specific product giving rise to the claim, or $50.00 USD, whichever is less.

Section 8 - Mandatory Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • Mandatory Arbitration: You and Nutaira Nutraceutical Private Limited agree that any dispute, claim, or controversy arising out of or relating to these Terms, your purchase of Magnesium Glycinate, or your use of the website shall be settled exclusively through binding individual arbitration, rather than in a court of law. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
  • Class Action Waiver:

YOU AND NUTAIRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

  • Waiver of Jury Trial: By agreeing to these terms, you knowingly and voluntarily waive your right to a trial by jury in a court of law.

Section 9 - Indemnification

You agree to indemnify, defend, and hold harmless Nutaira Nutraceutical Private Limited and our officers, directors, and employees from any claim, demand, losses, or legal fees made by any third-party due to or arising out of your breach of these Terms of Service, your misuse of our products, or your violation of any US law.

Section 10 - Governing Law & Exclusive Jurisdiction

These Terms of Service, and any dispute arising from them or the purchase of our products, shall be governed by and construed in accordance with the laws of the United States and the State of Wyoming, without regard to its conflict of law rules. If for any reason a dispute proceeds in court rather than arbitration, both parties agree to submit to the exclusive personal jurisdiction of the state and federal courts located within that state.

Section 11 - Severability

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

Section 12 - Contact Information

Questions about the Terms of Service should be sent to us at:

  • Brand Name: Nutaira
  • Corporate Entity: Nutaira Nutraceutical Private Limited
  • Email: support@nutaira.com
  • Mailing Address: BLD-G-203 OMKAR RESIDENCY, NR. UPLI COLONY, Mota Varachha, Chorasi, Surat- 394101, Gujarat