Term and Condition
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TERMS OF SERVICE AGREEMENT
LAST REVISION: 3rd June 2021
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE / APP OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website / app, www.websitename.com, Websitename offer of products for purchase on this Website, or your purchase of products available on this Website / app. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Websitename reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Websitename will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
Websitename encourages you to review this Agreement whenever you visit the Website / App to make sure that you understand the terms and conditions governing use of the Website / App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Websitename for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website / App offers for sale certain products (the “Products”). By placing an order for Products through this Website / App, you agree to the terms set forth in this Agreement.
Proprietary Rights. Websitename has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Websitename. Websitename also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website / App also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Websitename does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Websitename does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website / App is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Websitename does not endorse the contents on any such third-party websites. Websitename is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website / App; Websitename is not responsible for any damages resulting from use of this website / App by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website / App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website / App. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Websitename or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website / App, you hereby grant Websitename a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Websitename does not have the ability to control the nature of the user-generated content offered through the Website / App. You are solely responsible for your interactions with other users of the Website / App and any content you post. Websitename is not liable for any damage or harm resulting from any posts by or interactions between users. Websitename reserves the right, but has no obligation, to monitor interactions between and among users of the Website / App and to remove any content Websitename deems objectionable.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE / APP AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE / APP AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Websitename EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Websitename MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Websitename ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE / APP CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Websitename WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Websitename and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website / App content or your use of the Website / App content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Websitename When Websitename is threatened with suit or sued by a third party, Websitename may seek written assurances from you concerning your promise to indemnify Websitename ; your failure to provide such assurances may be considered by Websitename to be a material breach of this Agreement. Websitename will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website / App content or Products, with counsel of Websitename choice at its expense. Websitename will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Websitename against any claim, but you must receive Websitename prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website / App or Products.
VI. AGREEMENT TO BE BOUND
By using this Website / App or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website / App.
Websitename will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Websitename may at any time, in its sole discretion and without advance notice to you, cease operation of the Website / App and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Websitename . and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Websitename to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: This Website originates from the DELHI. This Agreement will be governed by the laws of the State of DELHI without regard to its conflict of law principles to the contrary. Neither you nor Websitename will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of DELHI. By using this Website / App or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website / App or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Websitename reserves the right to terminate your access to the Website / App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website / App and Websitename may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website / App is terminated, Websitename reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website / App. This Agreement will survive indefinitely unless and until Websitename chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Websitename makes no representation that the Website / App or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Websitename may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Shipping & Delivery Policy (Products)
For domestic buyers, orders are shipped through registered domestic courier companies and /or speed post only.
We do not ship websitename products out of India.
Orders are shipped within 7 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company/post office norms.
Websitename is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 7 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation.
Delivery of all orders will be to the registered address of the buyer as per specified at the time of Order. Websitename is in no way responsible for any damage to the order while in transit to the buyer.
Websitename live is proud to use online payment systems for fast, easy and efficient secure payments.
Shipping & Delivery Policy (Services)
Delivery of our services will be confirmed on your mail ID as specified during registration. For any issues in utilizing our services, you may contact our support team through contact form.
We do not ship products out of India. For multiple products ordered the program adds up the weight of all the units ordered and charges a single delivery fee.
However, the delivery fee is calculated separately when a customer orders different plants to be delivered at different locations. This is because the products are being sourced and shipped from different cities.
The product will be delivered for all urban areas in India serviceable by major courier agencies. For remote/rural areas the product will be sent by local couriers / Indian Speed Post and may take more time.
* No Deliveries on Sunday and National Holidays.
Websitename believes in helping its customers as far as possible and has, therefore, a liberal cancellation policy. Under this policy:
Cancellations will be considered only if the request is made within 24 hours of placing an order. However, the cancellation request will not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the process of shipping them.
There is no cancellation of orders placed under the Same Day Delivery category.
No cancellations are entertained for those products that the websitename marketing team has obtained on special occasions like Pongal, Diwali, Eid etc. These are limited occasion offers and therefore cancellations are not possible.
In case of receipt of damaged or defective consumer durable items and nondurable items, please report the same to our Customer Service team. The request will, however, be entertained once the merchant has checked and determined the same at his own end. This should be reported within 1 day of receipt of the products.
In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
Refund PolicyOrders delivered & accepted by the customer cannot be refunded. In case you feel the order is not as per specification, please contact our customer care team immediately in 24hrs.
BY USING THIS WEBSITE / APP OR ORDERING PRODUCTS FROM THIS WEBSITE / APP YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.