The terms and conditions mentioned below is a legal binding agreement, which will be used for the website (www.herbanix.in) and the products displayed on it. Please ensure that you read the entire agreement carefully in order to understand the terms and conditions of the website. An Order Form submission from your end will certify that you have understood the terms and conditions and have agreed to them.
No information on this website intends for medical advice or behaves as a substitute for a doctor. No information herein is intended to provide or substitute for professional advice or treatment. Please ensure that you use or follow the information/instruction provided here in consultation with Medical Expert. It is advised to consult a physician or doctor before you begin using any oral product purchased from the website. In case you find the product is causing any problems to your health you should promptly inform the provider. Please read all the instructions and ingredients on the product carefully and ensure that you follow them carefully. None of the products mentioned here are intended to cure, prevent, diagnose or treat any disease or illness.
1. GENERAL TERMS
We thank you for visiting - www.herbanix.in '. Accessing this website and purchasing products from it states that you have agreed to the following terms and conditions. Please ensure that you go through the Privacy Policy of this website in order to understand the better functioning. If you do not agree to the terms and conditions mentioned herewith, you should not access the site or purchase products from us.
Please Note - The Company may add to, modify or remove any part of these Terms and Conditions of Use at any time as it may deem fit, without notice. Any changes to these Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
1.1 Herbanix Brand does not come under any health insurance portability and accountability according to the Act of 1966 (HIPPA). None of the information present here is protected under any law. All further information is mentioned in the agreement herein forth.
1.2 Product Information Disclaimer: All the information mentioned on the website is only intended for individuals residing in INDIA. The product is only available in India and has not been approved to be sold in other countries. The products listed on this website have been approved by government body such as; Ayush Department & FSSAI
1.3 Acceptance of Agreement/Eligibility: If you're using the website to make purchases, it is understood that you acknowledge the terms and conditions mentioned herein. This agreement is between the user "you" and the company. The company reserves the right to make changes to the terms mentioned in this agreement without any prior notification to the user. All updates will be available on the website. The website holds no responsibility whatsoever for your inability to use or access the website to the fullest. The products available on this website are to be used only by individuals above the age of EIGHTEEN (18) years(major) or those who can legally enter into an agreement with the company. The company holds the rights to pure discretion and also holds the rights to deny any order placed for any reason.
1.4 Orders and Billing: You must agree to pay the sum of the ordered products from the website at the time and date due.
1.4.1 Deliveries: We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. We will use reasonable endeavors to deliver your products on or before the date for delivery is set out in the order confirmation or, if no date is set out in the confirmation, within (two weeks following the date of the order confirmation); however, we do not guarantee delivery by the date.
1.4.2 Right to Refuse:
1. Provider/Herbanix at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof.
2. Any contract to provide any service by the provider is not complete until full money towards the service is received from the customer and accepted by the provider.
3. Without prejudice to the other remedies available to Herbanix under this agreement or under applicable law, Herbanix may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the Site if:
4. The user is in breach of this agreement, the terms of service and/or the documents it incorporates by reference;
5. Herbanix is unable to verify or authenticate any information provided by the user; or
6. Herbanix believes that the user's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of Herbanix.
7. Herbanix may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended the user shall not register or attempt to register with Herbanix or use the Site in any manner whatsoever until such time that the user is reinstated by Herbanix.
8. Notwithstanding the foregoing, if the user breaches this agreement, Herbanix reserves the right to recover any amounts due and owing by the user to Herbanix and/or the service provider and to take strict legal action as Herbanix deems necessary.
1.5 Warranties and Representation : You warrant and represent to us that;
a.) you are legally capable of entering into binding contracts;
b.) you have full authority, power and capacity to agree to these terms and conditions.
1.6 Onus of the User
a. Herbanix is liable only for the transactions that are done by the User through Herbanix.
b. Herbanix will not be liable for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
c. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
d. The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
2. DISCLAIMER POLICY:
The website, and the products offered on the website are provided to you on an 'as is' and 'as available' basis and all warranties, express and implied, are disclaimed to the extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchant ability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, company makes no warranty that the website, the products offered on the website:
(a) will meet your requirements;
(b) will be uninterrupted, timely, secure or error-free or that defects will be corrected;
(c) will be free of viruses or other harmful components;
(d) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement;
(e) will result in any specific health-related outcome; and/or
(f) will be accurate or reliable. the website, the products offered on the website may contain bugs, errors, problems or other limitations. company is not liable for the availability of the underlying internet connection associated with the website. No advice or information, whether oral or written, obtained by you from company or otherwise through or from the website, shall create any warranty not expressly stated in the agreement.
3. COPYRIGHT AND TRADEMARKS
Herbanix and its various products as well as the web site is governed under the intellectual property rights such as copyrights, trademarks, information technologies act and other acts governed under Indian Law. Nothing contained in Herbanix services should be constituted as granting by implication or otherwise any license or right to use any trademark or service mark displayed on Herbanix services without the written permission of Herbanix or any third party that may own such trademarks or service marks. Herbanix will aggressively enforce its intellectual property rights to the fullest extent of the law.
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties 'intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If you intend on using any of the information mentioned on this website you will need to have prior permission of the company.
4. LINKS TO THIRD PARTY WEBSITES
This Site may contain links to websites operated by parties other than the Firm. The Firm does not control such sites and is not responsible for their contents. The Firm's inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
5. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Herbanix services are for the User's personal and non – commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any information, products or services obtained from the www.herbanix.in without the expressed written approval from the Company “Herbanix Brands.”
It is specified that the contents used in the advertisement of the products online by the Company are not meant tobe used or modified by any customer or third parties for further sale and if anyone uses or modifies the contents of the advertisement, the person doing so shall be upheld entirely and solely responsible for any trade related legal consequences or actions against the Company.
6. INDEMNIFICATION
All Users agree to protect, indemnify, defend and hold harmless Herbanix/Nutravo Lifecare, its affiliates, their websites and their respective lawful successors and assigns and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: 1. you or on your behalf in excess of the liability described above; or 2. by third parties as a result of: a. your breach of these Terms, notices or documents referenced on the Site; b. your violation of any law or the rights of a third party; or c. your use of the Site
7. TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site as your right to view our web site only with no right attached to our web site in any manner.
8. APPLICABLE LAW/JURISDICTION
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.
9. CONTACT US:
If you have any queries about the services provided by the website, please feel free to email us - support@herbanix.in or call us at: 0123456789.