Product and Assumption of Risk Disclaimer
Definitions
For purposes of this Product and Assumption of Risk Disclaimer (the “Disclaimer”), capitalized terms shall have the meanings set forth below or otherwise specified herein:
“Indus Cross” (“we” or “us” or “our”) means Indus Cross LLC, including its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns.
“Products” means all equipment, accessories, apparel, gear, and related items sold, distributed, offered, or provided by Indus Cross.
“Website” or “Platform” means all websites, online storefronts, and social media accounts operated or maintained by Indus Cross.
“User” or “Customer” (“you” or “your”) means any individual, business, entity, organization, or third parties who purchase, access, use, or permit others to use the products sold, distributed, offered, or provided by Indus Cross.
By purchasing, using, or accessing any of the Indus Cross products, you acknowledge that you have read, understood, and agreed to be bound by this Disclaimer, including all provisions related to assumption of risk, limitation of liability, and indemnification. If you do not agree to these terms and conditions, you may not use the product and return the merchandise in accordance with our return policy. To view our return policy, visit www.induscross.com/pages/returns-exchanges.
High-Risk Activities and Assumption of Risk
Products sold by Indus Cross include equipment and gear used in karate, boxing, kickboxing, MMA, and other forms of martial arts. Participation in such activities involves significant risk of serious injury, permanent disability, paralysis, property damage, or death.
You acknowledge and understand that the use of Indus Cross products involves high-risk activities. In doing so, the User voluntarily assumes all risks associated with the purchase, possession, and use of the products and thereby indemnify, defend, and hold Indus Cross harmless from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses, including attorneys’ fees and claims brought about by third parties, whether arising out of or related to the use of our products.
You agreed to have read and understood the warning labels, instructions, and safety information before using these products.
No Professional Instructions or Advice
Product descriptions, images, videos, marketing materials, or other content provided by Indus Cross are for informational and marketing purposes only and does not constitute coaching, training, or safety services. Customers are solely responsible for obtaining proper instructions, training, and supervision from qualified professionals before using these products.
Proper Use and Intended Purpose
Indus Cross products must be used only for their intended and designated purposes. Products must not be altered or modified. We are not responsible for injuries or damages resulting from improper use, misuse, modification, or failure to follow product instructions.
Product Wear and Lifespan
All Indus Cross products are subject to wear and tear during the course of use. Indus Cross is not responsible for injuries or damages caused by use of worn-out products.
Age and Supervision
Indus Cross products are intended for use by adults or by minors under the supervision of a responsible adult. Users must be at least eighteen (18) years of age or have the consent and supervision of a parent or legal guardian. Parents and guardians assume full responsibility for minors using Indus Cross products, including responsibility for instruction, supervision, and assumption of risk.
Limitation of Liability
Indus Cross shall not be responsible for any liability or punitive damages arising out of or related to the use of its products unless as set forth by court of law.
Warranty Disclaimer
Indus Cross warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Our sole liability is limited to repairing or replacing products that are returned within this 30-day period, unless specific product literature specifies otherwise.
General Disclaimer
Product descriptions, pricing, and availability displayed on the Website may contain errors or inaccuracies. Such errors are unintentional and may be corrected at any time without notice. Indus Cross reserves the right to cancel or reject orders for products listed at incorrect prices or with inaccurate information. Customers are encouraged to contact Indus Cross if they discover any errors.
Promotional and Sale Disclaimer
Discounts and promotions are applied to the order subtotal before shipping and taxes unless otherwise stated. Promotions are subject to change, modification, or termination without notice.
Free shipping minimums must be met after discounts and before taxes. For product bundles, all included items must be returned together. If only part of a bundle is returned, the bundle discount will be void and deducted from the refund.
Gift Card and Store Credit Disclaimer
Gift cards and store credits are issued by Indus Cross and are redeemable only on the Indus Cross website. These cards are not credit cards, debit cards, or bank accounts and carry no cash value. Gift cards and store credits are non-refundable, non-returnable, and non-exchangeable.
Applicable Law and Resolution of Disputes
Your order from Indus Cross shall be interpreted and construed in accordance with the laws of the State of New Jersey, without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Essex County, New Jersey and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of Indus Cross products or any other claim related to the use of products sold through its websites, catalogs, or otherwise, including but not limited to tournaments, must be commenced within one (1) year after the claim or cause of action arises. Indus Cross's failure to enforce strict performance of any provision of this Disclaimer shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify this Disclaimer.
Governing Law, Jurisdiction and Venue
Notwithstanding anything else set forth in this website, any and all claims, actions, disputes, and lawsuits relating in any way, directly or indirectly, to this website, including but not limited to accessibility, services, and products related to this website, shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New Jersey. Any claim, action, lawsuit or proceeding arising out of or related to this website and the services, and products provided, shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located in the city of Newark and Essex County, and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit, or proceeding, and waives any objection based on improper venue or forum non conveniens.
Final Provisions
Indus Cross reserves the right to amend or update this Disclaimer at any time without prior notice. Continued use of the Website or any of the Indus Cross products constitutes acceptance of any changes to this Disclaimer.
