Terms and Conditions

Introduction

hindvedhealthcare.com (‘Website’) is an online service operated and managed by Hindved Healthcare Private Limited (or ‘Hindved Healthcare’, ‘we’, or ‘us’). By using the Hindved Healthcare service, you are deemed to have accepted the terms and conditions of the agreement listed below, or as may be revised from time to time (‘User Agreement’), which is for an indefinite period. You understand and agree that you are bound by such terms until the time you access our Website. If you have any queries about the terms and conditions of this User Agreement, or have any comments or complaints on or about the Website, please email us at info@hindvedhealthcare.com.

We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you, and it is your responsibility to review them as often as possible.

Ownership Of Rights

Any use of our Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the explicit permission of Hindved Healthcare. All information displayed, transmitted, or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties.

Our Website is designed, updated, and maintained by Hindved Healthcare or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit any of the content available on the Website.

Accuracy Of Content And Invitation To Offer

We have taken all care and precautions to try and provide accurate data and information. In the preparation of the content of our Website, we have, in particular, ensured that prices quoted are correct at the time of publishing and that all products have been fairly described. All prices are displayed inclusive of GST. However, services are listed exclusive of service tax, as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions, and capacities given are approximate only.

We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery.

All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

Dispatch of all the product(s) ordered may or may not happen at the same time. In such a scenario, the portion of the order that has been dispatched will be deemed to have been accepted by us, and the balance would continue to be on offer to us. We reserve the right to accept or reject such a balance order. No act or omission of Hindved Healthcare prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

General Terms Of Use

  • Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use.
  • User is hereby authorized to use the website for lawful purpose and for the purposes as mentioned under the policies of the Hindved Healthcare and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws.
  • Hindved Healthcare strives to provide best prices possible on products and services to users buying or availing from the Website. However, Hindved Healthcare does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Hindved Healthcare.
  • The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion.
  • All offers on Products shall be for limited stocks and are for limited period(s). Hindved Healthcare may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly.
  • A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Hindved Healthcare; In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer.
  • Hindved Healthcare may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Hindved Healthcare’s decision of cancellation of order shall be final and Hindved Healthcare shall not be liable for such cancellation(s) whatsoever.
  • Expected delivery time as mentioned on website may vary than the usual time of delivery.
  • Hindved Healthcare strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Hindved Healthcare may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation.
  • Hindved Healthcare shall have right to modify the price of a product or service any time, without any prior information.

  • Cancellation by Hindved Healthcare: There may be certain orders that Hindved Healthcare is unable to accept and must cancel. Hindved Healthcare reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, non availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Hindved Healthcare ‘s credit and fraud avoidance department.

  • Hindved Healthcare may also require additional verifications or information before accepting any order. Hindved Healthcare will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account.
  • Cancellation by the User: In case of requests for order cancellations, Hindved Healthcare, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Hindved Healthcare receives a cancellation notice and the order has not been processed/ approved by Hindved Healthcare, Hindved Healthcare shall cancel the order and refund the entire amount to User within a reasonable period of time.

  • Hindved Healthcare will not be able to cancel orders that have already been processed, it is pertinent to note that the Hindved Healthcare has the full right to decide whether an order has been processed or not. User hereby agrees and undertakes that the decision taken by the Hindved Healthcare is acceptable to User and User shall not create any dispute on the decision taken by Hindved Healthcare on cancellation.

  • Hindved Healthcare reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Hindved Healthcare as per certain criteria. Hindved Healthcare Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
    • Products ordered are not for self-consumption but for commercial resale.
    • Multiple orders placed for same product at the same address.
    • Bulk quantity of the same product ordered.
    • Invalid address given in order details.
    • Any malpractice used to place the order.
  • Hindved Healthcare reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user.
  • Limitation of Liability: Under no circumstances Hindved Healthcare‘s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value.
  • Extra Discount on PrePaid Orders applicable only for HINDVED HEALTHCARE Branded PRODUCTS Only.
  • These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Delhi (India) only.

Usage Restrictions:

You shall not use the Website for any of the following purposes:

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.
  • Gaining unauthorized access to other computer / network systems.
  • Interfering with any other person’s use or enjoyment of the Website.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the Website.
  • Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
  • You are not permitted to host, display, upload, modify, publish, transmit, update, or share any information on the Website that:
    • Belongs to another person and to which you do not have any right to;
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • Harms minors in any way;
    • Infringes any patent, trademark, copyright or other proprietary rights;
    • Violates any law for the time being in force;
    • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Impersonates another person;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
    • Threatens the unity, integrity, defense, 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;
    • Violating or attempting to violate the integrity or security of the Website or its content;
    • Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
    • Intentionally submitting on the Website any incomplete, false or inaccurate information;
    • Making any unsolicited communications to other users of the Website;
    • Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    • Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    • Copying or duplicating in any manner any of the content on the Website or other information available from the Website;
    • Framing or hot linking or deep linking any content on the Website.

Quantity Restrictions

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to anyone as we may deem fit.

Pricing Information

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.

In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation.

In the event we accept your order, the same shall be debited to your credit/debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account.

We strive to provide you with the best value; however, prices and availability are subject to change without notice. Our promotional offers/discounts are not site-wide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food, etc., or such other product or service as may be determined by us in our sole discretion.

Indemnity

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Delhi. All disputes will be subject to arbitration in Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify, and hold harmless Hindved Healthcare, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Hindved Healthcare or any third party including but not limited to breach of any warranties, representations, or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this User Agreement.

Eligibility to use

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation. If we receive an order from such states or to be delivered to such states under such circumstances, we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having an open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product-specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Privacy

All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive. You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.

Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.

We may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of services, research and development, quality management services, and for proper administration. We allow other companies to serve advertisements to you. These companies include third-party ad servers, ad agencies, ad technology vendors, and research firms. We may “target” some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

This privacy policy applies to websites and services that are operated and managed by us. We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages, or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website’s provider, or the information on the website. We encourage you to read the privacy policies of that website.

The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner. We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third parties without your permission or except when required by law.

Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number, and bank account number.

Refusal of Service

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

Website Feedback, User Comments and User Generated Content

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Hindved Healthcare names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Hindved Healthcare or licensed to Hindved Healthcare. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the contents) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Hindved Healthcare or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Hindved Healthcare and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Termination

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Hindved Healthcare. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Hindved Healthcare, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing’;
  • Sending unsolicited email, including promotions and/or advertising of products or services; or
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Hindved Healthcare on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

Entire Agreement

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

1. GENERAL

a) This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of www.hindvedhealthcare.com.

c) The domain name www.hindvedhealthcare.com (“Website”), including its online services, such as the use of software on the Website and information, articles, news, blogs, text, graphics, images, and information obtained from service providers and any other material contained on the Website, is owned and operated by Hindved Healthcare Private Limited (“Company”), a private company incorporated under the provisions of the Companies Act, 2013, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents, and their successors and assigns.

d) For the purpose of these Terms of Use (“Terms”), wherever the context so requires, i) The term ‘You’ or “User” shall mean any legal person or entity accessing or using this Website to access services provided or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; ii) The terms ‘We’, ‘Us’, and ‘Our’ shall mean the Website and/or the Company, as the context so requires. iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

f) The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”), available on the Website and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.

g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

2. OUR SERVICES

Hindved Healthcare is a recent entrant into the online e-commerce space. The website provides a platform for offering Ayurvedic and herbal products that have a deep impact on health, reaching out to a wider online population. The Company is the manufacturer and provides comfort and high-quality Ayurvedic and herbal products in the form of Juice, Health Tonics, Syrups, Oils, Gels, Powders, Churnas, and Cosmetics. With over 100 products covering various health concerns such as Heart Care, Diabetic Care, General Care, Critical Care, Men’s Care, Women’s Care, Child Care, Immunity Care, Oral Care, Hair Care, Personal Care, and more, all under the brand name “Hindved”, the Company ensures premium offerings.

Hindved Healthcare takes responsibility for marketing and popularizing the site through various feasible means. As a B2C entity, Hindved Healthcare caters to individuals seeking excellent quality and sustainable products. The Company is committed to raising the bar of User satisfaction with each passing day. The website serves as an online platform enabling users to purchase Ayurvedic and herbal products listed at the prices indicated, anytime and from any location.

3. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, or regulation currently in force.

4. TERM

These Terms shall continue to form a valid and binding contract between the Parties and shall remain in full force and effect until:

a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
c) You agree and acknowledge that www.hindvedhealthcare.com has control over transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and Hindved Healthcare on www.hindvedhealthcare.com.

Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16, and 18, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms, as contemplated herein.

5. TERMINATION

The Company reserves the right, at its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms until the expiry of the same, as described in Section 3 above.

6. FACILITIES TO BE RENDERED BY THE WEBSITE

i. Hindved Healthcare serves as a platform where customers can access relevant information pertaining to their choices of Ayurvedic and Herbal Products, such as Juice, Health Tonics, Syrups, Oils, Gels, Powders, Churnas, and Cosmetics. The website offers more than 100 products covering various health problems, including Heart Care, Diabetic Care, General Care, Critical Care, Men’s Care, Women’s Care, Child Care, Immunity Care, Oral Care, Hair Care, Personal Care, and more, with assistance from the Company.

ii. Users can log in to their accounts on the Website using third-party website IDs and passwords, including those from facebook, Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter, or other social media websites, or any other Internet service permitted on the Website. These User IDs and/or other third-party login identification are collectively referred to as the "Account Information."

iii. Hindved Healthcare offers natural Ayurvedic and Herbal products to users. The color of these products may vary due to seasonal changes. All the bottled packaging for Ayurvedic and Herbal Products is BPA-free. However, Hindved Healthcare does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services sold, offered, or purchased on the Website.

iv. By using the Website and providing their contact information to the Company, the User consents to receiving calls, auto-dialed and/or pre-recorded messages, emails, and SMSs from the Company and/or its affiliates or partners at any time, subject to the Policy. If the User wishes to stop receiving marketing or promotional communications, the User can send an email request to hindhealthcare@gmail.com. The Company will process such requests within seven (7) business days.

The User also agrees and acknowledges that they may be contacted by the Company or any of its affiliates/partners regarding any service availed of by the User on the Website or any related matters.

Any information shared by the User with the Company shall be governed by the Policy.

7. CHARGES & PAYMENT

a) Payments for the services and goods offered by Hindved Healthcare shall be made through a payment gateway, including CC Avenue, Net Banking, Credit Cards, Debit Cards, UPI, and other wallets.

b) Hindved Healthcare does not guarantee the accuracy or timeliness of refunds reaching the User's card or bank account.

c) GST on all the above components shall be charged separately.

d) Hindved Healthcare reserves the right to hold or reclaim the payment in cases of abuse, fraud, or violation of the agreement.

The Company may amend this fee policy for any or all services offered or sold. In such cases, the User will be notified when attempting to access the Website and will have the option to decline the services offered. Any changes will come into effect immediately after being notified to the User, unless specified otherwise.

8. TERMS, CONDITIONS AND DUTIES OF THE USER

a. It is the duty of the User to provide true, accurate, and complete information, and all the details relating thereof on the website. If any User detail is found to be false, Hindved Healthcare reserves the right, at its sole discretion, to reject the registration and debar the User from using the Services available on its website, without prior intimation whatsoever.

b. The User agrees to comply with all notices or instructions given by Hindved Healthcare from time to time to enable the use of the Services.

c. The User shall take care to choose the right product and is advised to check the product description carefully so Hindved Healthcare can deliver the correct product. Any and all orders placed by the User on Hindved Healthcare are a firm commitment to purchase, and the User is obligated to complete the transaction and not contest it in any way. By placing an order for a product, the User agrees to be bound by the conditions of sale included in the item’s description.

d. The User can start tracking their order as soon as it has been shipped out. All the User needs to do is click on the link in the email sent after the order is placed and track the journey of the item in real time. Alternatively, the User can also log in to Hindved Healthcare and visit the ‘My Account’ section to know their order status.

e. The User understands and agrees that they are responsible for all applicable taxes and for all costs that are incurred in using the website's services.

f. The User shall promptly make the payment to Hindved Healthcare towards the goods purchased as and when it becomes payable.

g. The User agrees not to make any bulk purchases for any reseller or illegal activities. In such cases, Hindved Healthcare reserves all rights to cancel the current and future orders of the User and block the concerned User’s account.

h. By using this website, the User must be aware and agree that in case a listed product has an incorrect price or information due to typographical or technical error, Hindved Healthcare reserves the right to refuse or cancel any orders placed for products listed at the incorrect price.

i. The User shall indemnify and hold the Company harmless for any loss or damage arising out of the User’s failure to comply with any applicable laws or regulations and for breach of the following warranties and representations.

j. The User shall, at all times during the pendency of this agreement, endeavor to protect and promote the interests of the Company and ensure that there will be no damage to third parties (clients/customers) due to acts/omissions on the part of the User.

k. The User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information contained on the Website is expressly prohibited.

l. The User will be responsible for maintaining the confidentiality of their account and password to prevent unauthorized access to the account.

m. The User shall be responsible for all activities that occur under their account.

n. The User agrees and acknowledges that they will use their account on the website to purchase only for their personal use.

Further undertakes not to:

i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of any other person or entity.

ii. Engage in any activity that interferes with or disrupts access to the Website or the goods provided therein (or the servers and networks which are connected to the Website).

iii. Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity.

iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing, including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

v. Post any image/file/data that infringes the copyright, patent, or trademark of another person or legal entity.

vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website.

vii. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner.

viii. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner.

ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked websites.

x. Collect or store data about other Users of the Website.

xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies).

xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website.

xiii. Violate any applicable laws, rules, or regulations currently in force within or outside India.

xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise.

xv. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offense, or prevent the investigation of any offense, or insult any other nation.

xvi. Publish, post, or disseminate information that is false, inaccurate, or misleading.

xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.

xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company/Website.

xix. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.

The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation, or valid governmental request.

The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by them. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages, or losses resulting from the use of any such content and/or the appearance of any content on the Website.

The User hereby represents and warrants that they have all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortious, or otherwise unlawful or offensive material. The User hereby accepts full responsibility for any consequences that may arise due to the publishing of

any such material on the Website.

9. TERMS, CONDITIONS AND DUTIES OF THE COMPANY

a) The Company shall list item(s), products, or goods for sale on the Website in accordance with the policies.

b) The Company shall be legally authorized to sell the item(s) listed for sale on the Website and have all the necessary licenses and permits required for such sale.

c) All listed items must be kept in stock for successful fulfillment of sales.

d) To ensure the best experience, Hindved Healthcare ideally ships all products of an order together. However, there might be instances where some products are ready to be shipped earlier than others. To ensure that the User doesn’t wait any longer, Hindved Healthcare may ship some products out first and ship the remaining items in a separate shipment. Hindved Healthcare will notify the User each time a shipment is dispatched or out for delivery so that the User can track it until it reaches the User’s doorstep.

e) It is the duty of the Company to mention the approximate time of Shipment/Delivery for each purchased product to the User. However, the Company shall not be liable for any delay or non-delivery of purchased goods due to any force majeure event, including but not limited to flood, fire, wars, acts of God, or any event beyond the control of Hindved Healthcare.

f) The Company has the duty not to mislead the description of the item and must describe the actual condition of the product.

g) The Company shall deliver the product to the Users through its logistics partner.

h) The Company cautions its Users for the Products before use:

  • Shake well the Bottle before use.
  • Keep the product in a cool and dry place.
  • Refrigerate after opening.
  • Consume the product within 1 month after opening.

i) Any individual residing in India and aged 5+ years is a potential client for Hindved Healthcare. Buyers residing outside India can access Hindved Healthcare; however, all product deliveries will occur at an address within India's territorial jurisdiction.

j) Hindved Healthcare grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Hindved Healthcare and/or its affiliates, as may be applicable.

10. RETURN, CANCELLATION AND REFUND POLICY

Return Policy:

  • The User can return or replace their product within 15 days from the date of delivery. The return will be initiated within 3 working days.
  • Damaged or torn products will not be accepted.
  • Any fraudulent claims or doubtful returns will not be accepted.

For complaints about sellers or any issues related to products, please contact customer support or email: hindvedhealthcare@gmail.com.

Cancellation Policy:

  • The User can cancel their order by logging in to Hindved Healthcare with their User ID and password.
  • Once logged in, the User can click on “My Account” to view details of all their orders.
  • Locate the “Cancel” button and click on it to cancel the order.

Refund Policy:

  • When the User’s order is canceled, Hindved Healthcare will initiate a refund only if the product is unused, in its original packing, and accompanied by the invoice.
  • The refund will be initiated once the company receives the product and confirms its quality.
  • The refund process will take 5 to 7 business days to reflect in the User’s account.

11. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may, at its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, suspending/terminating the User’s membership, and/or refusing to provide the User with access to the Website, without being required to provide the User with notice or cause, under the following circumstances:

a) If the User is in breach of any of these Terms or the Policy.

b) If the User has provided wrong, inaccurate, incomplete, or incorrect information.

c) If the User’s actions may cause any harm, damage, or loss to other Users or to the Website/Company, at the sole discretion of the Company.

d) If the User’s actions involve copying or duplicating, in any manner, any content or other information available from the Website.

12. INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify, and hold harmless the Website and the Company, its directors, affiliate Users, employees, officers, agents, and their successors and assigns against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations, or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules, and regulations, including but not limited to:

  • Infringement of intellectual property rights,
  • Payment of statutory dues and taxes,
  • Claims of libel, defamation,
  • Violation of rights of privacy or publicity,
  • Loss of service by other subscribers, or
  • Infringement of any other rights of a third party.

In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services, or materials contained therein.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. The Parties expressly agree that in the event of any statute, rule, regulation, or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation, or amendment. It is further agreed by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

13. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, except as permitted by these Terms. All logos, trademarks, brand names, service marks, domain names, material, designs, graphics created by and developed by the Website, and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all designs, graphics, and related content.

The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website or that disparages or discredits the Company/Website, as determined solely by the Company.

The User is aware that the products displayed on the Website are artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the respective owners. The intellectual property of the product does not transfer from the creators to the Website/Company, or to the User. The Company merely provides a platform through which these products are listed for sale to the Users of the Website, and neither the Company nor the Website owns any intellectual property related to the products.

The User acknowledges that any reproduction or infringement of the intellectual property of the aforementioned owners will result in legal action initiated by the respective owners.

It is agreed that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

14. DISCLAIMER OF WARRANTIES AND LIABILITIES

a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are provided on an "as is" basis without any warranty whatsoever, either express or implied.

b) Information accessed through Hindved Healthcare website and other touch points is presented in summary form and is not exhaustive. Hindved Healthcare makes no warranties or representations regarding its accuracy or completeness. This information is provided "as is" without any warranty of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

c) The information accessible from the Hindved Healthcare website and other communications may contain forward-looking statements that involve risks and uncertainties, including statements regarding the potential benefits of a healthcare plan, medical procedure, or successful treatment of a medical condition. Actual results may differ materially from those indicated by such forward-looking statements.

d) The Company/Website does not guarantee that the functions and services contained on the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components. The User expressly accepts any and all risks involved with their use of the Website.

e) It is agreed that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

15. SUBMISSIONS

Any comments, feedback, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

16. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

a) Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in the Jodhpur, Rajasthan, India.

c) This Agreement shall be governed by and construed in accordance with the laws of India. The Parties hereby agree to submit to the jurisdiction of the competent Courts at Jodhpur.

17. NOTICES

Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).

18. MISCELLANEOUS PROVISIONS

a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.