TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.SIYAAYURVEDA.COM OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF SIYA AYURVEDA (HEREINAFTER REFERRED TO AS “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.
- SHIPPING, RETURNS & REFUNDS
All matters pertaining to shipping, deliveries, returns and refunds will be governed by the existing policies of the Company. Please refer to the respective policies that are uploaded on the Website.
By placing an order for the Products through the Website, you agree to the terms and conditions set forth in this T&C. The Products described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.
The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.
While describing our Products on our Website, we endeavour to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual Product.
- PROPRIETARY RIGHTS
All the brand names owned and licensed to the Company are exclusive property of the Company, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. The Company has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or distributed by the Company in whole or in part or in any other form whatsoever.
The Company also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its looks and feel. No trademark is granted in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered, are the intellectual property of the Company.
You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission.
- WEBSITE USAGE
You may create and hold one user account (“Account”) only. You will be 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. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.
If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the T&C herein. In the event that the person refuses to be bound as the principal to the T&C, 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.
If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company.
In your use of the Web Site and the Services, you may not:
(i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
(ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site;
(iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity;
(v) attempt to obtain unauthorized access to the Web Site or portions of the Website that are restricted from general access;
(vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation;
(vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site or the Services;
(viii) use any meta tags or any other "hidden text" utilizing the WWW.SIYAAYURVEDA.COM name, trademarks, or product names;
(ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website;
(x) engage in any activity that interferes with any third party's ability to use or enjoy the Web Site or Services; or
(xi) assist any third party in engaging in any activity prohibited by this T&C.
- USER CONTENT
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that
(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) is known by you to be false, inaccurate or misleading;
(d) you were compensated for or granted any consideration by any third party; or
(e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to
(i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
(iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
(iv) intentionally or unintentionally violate any applicable local, state, national or international law; or
(v) collect or store personally identifiable data about other users.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments.
You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
We do not endorse or control the User Content transmitted or posted on wwww.siyaayurveda.com and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you purchase any products available on the Website ("Products"), you will be responsible for paying any applicable sales tax indicated on the Website.
- INTELLECTUAL PROPERTY RIGHTS
In addition to making the Products available, the Website also offers information and marketing materials. The Website also offers information, both directly and through indirect links to third-party websites about nutritional and dietary supplements. The Company does not always create such information and the content published on the Website; instead, the information and content are often gathered from other sources. The Company does not endorse any such information or content and the Company expressly disclaims any and all liability in connection with the same. The Company is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content. To the extent that the Company does create the content on this Website, such content is protected by intellectual property laws of India. Any unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal and non-commercial use.
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at <firstname.lastname@example.org>.
You agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of
(a) content you provide to the Web Site or otherwise transmit or obtain through the Service,
(b) your use of the Service,
(c) your connection to the Service,
(d) your violation of this Agreement,
(e) your violation of any rights of another or
(f) your failure to perform your obligations hereunder.
If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.
- DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
DISCLAIMER OF WARRANTIES.
WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT:
(I) WILL BE UNINTERRUPTED OR SECURE,
(II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS,
(III) WILL MEET YOUR REQUIREMENTS, OR
(IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.
WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS T&C, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- DISCLAIMER OF FORWARD-LOOKING STATEMENTS.
THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
- HEALTH RELATED INFORMATION.
WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
ALL PRODUCTS 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 PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM 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, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION
- EXCLUSION OF DAMAGES.
WE WILL NOT BE LIABLE TO YOU OR 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.
- LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS T&C (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF INR 5000 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
- FORCE MAJEURE
The Company 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, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.
- CESSATION OF OPERATION
The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.
- EFFECT OF WAIVER
The failure of the Company to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of this T&C remain in full force and effect.
- WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS T&C MUST BE ASSERTED INDIVIDUALLY.
- DOMESTIC USE
The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. The 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.
- CUSTOMER SOLICITATIONS
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at email@example.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
Any disputes relating to these terms and conditions shall be subject to the exclusive or non-exclusive jurisdiction of the courts of Haryana.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our 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 and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Please contact us for any questions or comments (including all inquiries related to copyright infringement) regarding the Products or the Website.