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Terms and conditions

1. Welcome to www.ayushvani.in (“Website”). Ayushvaani Health Care Private Limited (“AHCPL”) is the owner of the website ayushvani.in (“Website”). AHCPL is a company incorporated under the provisions of the Companies Act, 2013 with its registered office at 1456, Sector 21, Gurgaon – 122016, Haryana, India. Your use of the Website is governed by the following Terms and Conditions (“Terms of Use”) along with the Privacy Policy and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time. By accessing, browsing or otherwise using the Website, from a computer or mobile phone (through an iOS or Android application) for making a purchase on the Website, you agree to be bound by these Terms of Use and the Policies, whether you have read the same or not. The Website is only to be used for your personal non-commercial use and information. If you are not agreeable with these Terms of Use and Policies, AHCPL requests you to not use the Website.

2. AHCPL reserves the right to change, modify, add or remove portions of this Terms of Use and the Policies, at any time without giving any prior written notice to you and in its sole discretion. It is your responsibility to review these Terms of Use and Policies periodically for updates/ changes. Any change or modification to the Terms of Use and Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Website. Your continuous use of the Website, following the posting of changes, will mean that you have accepted and agreed to the revisions made to the Terms of Use as well as the Policies, whether or not you have read them. As long as you comply with these Terms of Use and Policies, AHCPL grants you a personal, non-exclusive, non- transferable, limited privilege to enter and use the Website.

3. You must be competent to contract within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website only under the supervision of a parent or legal guardian or your parent/ legal guardian can transact on your behalf. If you are browsing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person to all the Terms of Use and Policies herein. If the said person refuses to be bound by the Terms of Use and Policies, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.

4. For placing an order, you can register and login on the Website or you can place an order as a guest on the Website. If you register and login on the Website, you are responsible for maintaining the confidentiality of your username and password and you will be fully responsible for all activities that occur under your account. You agree to immediately inform AHCPL of any unauthorised use of your account or any breach of security with regards to your account registered with the Website.

5. As part of the registration process on the Website, AHCPL may collect the following personally identifiable information about you: including first and last name, email address, mobile phone number, demographic details such as age, gender, occupation, education, address etc., the links you click on the Website, the number of times you access the page and any such browsing information. You have to keep your account and registration details up-to-date with your current and correct details for receiving the communications related to your purchases from the Website. By agreeing to the Terms of Use, you can opt for receiving promotional offers and newsletters, which would entitle AHCPL to save your personal information for the intended purposes only. AHCPL stores only the necessary information required to make a purchase through the Website and does not disclose your confidential information to any third party without your consent. After placing an order on the Website, if you choose to make payment online, through any of the various methods allowed on the Website, AHCPL does not save any information related to your credit/ debit cards or cvv number. All the information you provide is processed through a secure server for enabling the online transaction.

6. You agree and confirm that:

  • 1. All information, products and services displayed on the Website, does not constitute an offer to sell. The order placed by you shall constitute an offer to purchase particular product/s / services under these Terms of Use at the price specified (including delivery and other charges).
  • 2.  AHCPL reserves the right to accept or reject your offer for any reason (or no reason) including, but not limited to the unavailability of any product / service, an error in the price or product / service description. This shall be regardless of whether the order has been confirmed and/ or payment been received. In the event AHCPL cancels your order, AHCPL will provide full refund of any payment received.

Before placing an order, you will check and verify the product / service description carefully. By placing an order for a product / service you are bound by the conditions of sale included in the product’s / service’s description.

The prices and availability of the products / services are subject to change without prior notice to you, at the sole discretion of AHCPL.

AHCPL may revise and cease to make available any product / service at anytime. In the event, AHCPL is unable to deliver the product, you will be notified by e-mail and your order will be automatically cancelled due to unavailability of the product / service. In such an event, AHCPL shall not be liable to pay any damages to you owing to cancellation of the order.

AHCPL has granted you a limited, non-exclusive and non-transferable license to access and make personal and non-commercial use of the Website and not to download (other than page caching) or modify any portion of the Website. This license does not enable you to engage in any resale of the products / services ordered or to indulge in any commercial use of the Website or its contents contained therein. AHCPL reserves a right to discontinue your account without providing you any reason thereof. The products/services available on the Website are for your personal use only. The products/serviecs received by you from AHCPL cannot be resold for commercial purposes.

You are solely responsible for maintaining confidentiality of your account, password and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. If you suspect any misuse of your account, you are required to inform us in immediately at the Contact Information provided hereinbelow. If AHCPL finds a breach or suspects a breach of security of your account, AHCPL may require you to change your password, temporarily or permanently block or suspend your account without any liability to AHCPL.

AHCPL reserves the right to refuse service and/ or terminate your account without giving you any prior notice if these Terms of Use are violated or if we decide, in AHCPL’s sole discretion, that it would be in AHCPL’s best interest to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website.

Any recommendation made to you in the Website, during the course of your use of the Website, is purely for informational purposes and for your convenience and does not amount to endorsement of AHCPL’s products in any manner.

In the event any product / service purchased by you from the Website causes any side effects to you, please note that we shall not be held liable and/ or held responsible in any manner whatsoever and the same shall be at your sole responsibility. You should carefully read the product / service description to ensure that the ingredients in the products do not cause any side effects/ allergic reactions to you and you may even consult a specialist prior to using the said products / services.

You shall not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of AHCPL, is grossly racial, harmful, sexual, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever. Further, you shall not interfere with any other person’s use or enjoyment of the Website or breach any applicable law.

You will provide true, accurate and authentic information in all instances where such information is requested from you by AHCPL. Further, AHCPL reserves its right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true, partially or wholly, then AHCPL in its sole discretion has the right to reject your registration and to debar you from using any service of AHCPL without any prior intimation.

The address at which delivery of the product, ordered by you, is to be made will be correct and proper in all respects. In the event of non-delivery or late delivery occurs on account of a mistake by you (i.e. wrong or incomplete name or address or any other wrong information) any extra cost incurred by AHCPL for redelivery of the said order shall be borne by you, prior to the redelivery being arranged.

You authorise AHCPL to contact you for any transactional purposes related to your order/ account.

AHCPL shall not entertain any complaint after 15 days of the order having been delivered to you.

All products and services are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any, provided in the product packaging. To the fullest extent possible by applicable law, AHCPL hereby disclaims all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Without limiting the generality of the foregoing, AHCPL hereby expressly disclaim all liability for product defect, any damage suffered by you from use of the services on the Website or failure claims that are due to normal use, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or misappropriation of any kind. AHCPL will not be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Website or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.

You are prohibited from violating the security of the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

No claims or action arising out of, or related to, the use of the Website or these Terms of Use may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with AHCPL or are dissatisfied with the Website, termination of your use of the Website is your sole remedy. AHCPL has no obligation, liability or responsibility to you.

PRODUCT DESCRIPTION

  • 1. AHCPL attempts to be as accurate as possible in the description of the product and service on the Website. However, AHCPL does not warrant that the product description, colour, information or other content on the Website is accurate, complete, reliable, current or error free. The Website may contain typographical errors or inaccuracies which may not be complete or current.
  • 2. The product / services pictures are indicative and may not match the actual product. AHCPL has made every effort to display the colours of the products that appear on the Website as accurately as possible. However, as the actual colours you will see depend on your monitor, AHCPL cannot guarantee that your monitor’s display of colour will be accurate.
  • 3. AHCPL reserves the right to correct, change or update the information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product/service.
  • 4. The availability of our products and services shall depend on seasonal variations as the raw materials procured for manufacturing our products are naturally sourced, which may result in our products not being available at all times on the Website. Further, as the raw materials procured for manufacturing our products are naturally sourced, it is possible that due to sedimentation occurring in our products especially juices, the colour, texture and taste may differ between batches because of seasonal variations but the nutritional value of our products always remains constant.
  • 5. AHCPL intends to provide you with general information about AHCPL’s products and services. The information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or responsibility for the accuracy, completeness, appropriateness or usefulness of the information. For any specific medical conditions or issues, you are advised to seek opinion from a certified medical practitioner. In the event you rely on the information provided by AHCPL , you do so at your own risk. Under no circumstances will AHCPL be liable for the information or the consequences or relying upon on such information.

PRICING

  • 1. All products and services listed on the Website will be sold at maximum retail price unless otherwise specified. The prices declared on the Website for the respective product are inclusive of taxes. The prices mentioned at the time of ordering will be the prices charged on the date of delivery. In case the prices are higher or lower of the concerned product, on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of delivery.
  • 2. At the time of checking out, you are requested to verify the total amount payable before placing your order. At the time of checking out, the total charges payable with regards to the said order shall be displayed on the Website and no further extra charges shall be applicable or payable by you at the time of accepting delivery of the said product/s ordered. After confirming the said order on the Website, especially on selecting the cash on delivery option, you shall be liable to make complete payment of the total amount to the concerned delivery person prior to taking delivery of the said products ordered for by you.

PAYMENT

  • While placing an order on the Website, you are allowed to choose from the various payment options made available. You undertake to use your own debit/ credit card or banking details for completing the transaction on the Website. At the time of payment, if all security checks are verified through the secured server for enabling the online transaction, then AHCPL shall not be held responsible for misuse of your debit/ credit card or banking details. AHCPL will not be liable for any type of credit card fraud. The onus of proving that your credit card has been fraudulently used for transacting on the Website will be exclusively on you.

CANCELLATION, REFUNDS AND RETURNS

  • All orders shall be considered confirmed, if the payment has been made. There will be no returns or refund for the services rendered or ordered by AHCPL.

GOVERNING LAW AND JURISDICTION

  • All disputes in connection with these Terms of Use shall be construed and governed in accordance with Indian laws and shall be subject to the exclusive jurisdiction of the competent courts at New Delhi only. AHCPL reserves the right to seek and obtain any injunctive relief, provisional or interim relief from any court of competent jurisdiction to protect AHCPL’s trademark or other intellectual property rights or confidential information.
    • 1. General
    • 1. You acknowledge and hereby agree to these Terms of Use and that it constitutes the complete and exclusive agreement between us concerning your use of the Website and supersedes and governs all prior proposals, agreements, or other communications.
    • 2. AHCPL reserves the right, in our sole discretion, to change/ alter/ modify these Terms of Use and Policies at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changes to the Terms of Use as well as the Policies. AHCPL may, with or without prior notice, terminate any of the rights granted by these Terms of Use and Policies. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
    • 3. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. AHCPL’s failure to require your performance of any provision hereof shall not affect AHCPL’s full right to require such performance at any time thereafter, nor shall AHCPL’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use and/ or Policies shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such enforceability or invalidity shall not render these Terms of Use and/ or Policies unenforceable or invalid as a whole but the Terms of Use and/ or Policies shall be modified, to the extent possible, by the adjudicating entity to fully reflect the original intent of the parties as reflected in the original provision. The headings of the Terms of Use are for convenience purpose only and shall not be used in its interpretation.
    • 4. If you have any questions with regards to the Terms of Use, please email AHCPL at customercare@ayushvani.in

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