Shri Vasu Enterprises (“us”, “we”, or “Company”) is the owner of brand Shri Vasu Herbals and author and publisher of the internet e-commerce portal www.svherbals.com(“Website”), which, inter alia, facilitates the selling of ayurvedic medicines (“Products”), as well as the provision of a variety of other relevant services to Website users (“Services”).
The Company retains the right to terminate this agreement immediately in the event that:
- The user breaches any terms and conditions of this agreement;
- And, without giving any reason, the Company believes it appropriate for its own convenience.
- Unless otherwise specified in this Agreement, the following words and terminology shall have the meanings set out below when used in this Agreemen
- Treaties, conventions, statutes, laws, legal requirements, rules, regulations, ordinances, codes, judgments, injunctions, orders, or other requirements of any Governmental Authority in the Republic of India are all considered “applicable law.”
- “Bulk Order” shall mean any order negotiated directly with Shri Vasu Enterprises for the purchase of goods.
- “Company” or “Us” or “We”, shall mean and include Shri Vasu Enterprises its Offices, Officers, Directors, Owners, Administrator, Independent Contractors, Employees, Agents or affiliates.
- “Products” means the ayurvedic medicines that are marketed and sold on the Website.
- “Services” means the services provided by the Website to the Users in respect of the Products.
- A registered user, an unregistered user, or any other user of the Website is referred to as a “User” or “Users.”
- “Website” means the website having the URL address as www.svherbals.com and all subdomains.
- Acts of God, war, civil unrest, strike, lockout, terrorism, flood, fire, explosion, epidemic/pandemic, or legislation or restrictions imposed by any government or other authority are all examples of “Force Majeure Events.”, or any other similar circumstances beyond the control of any party, which has effect of wholly or partially suspending the obligations here under of the party concerned
- “Intellectual Property” refers to any patent, copyright, trademark, trade name, service mark, brand mark, brand name, logo, corporate name, domain name, industrial design and any other intellectual property rights (including without limitation any know –how, trade secret, trade right, formula, software, database and data right) and any goodwill associated with the business.
2.1. When the words “hereof,” “herein,” “hereunder,” other words of similar import are used in these Terms, they refer to the entire agreement rather than a specific component.
2.2. Words that indicate the single include the plural, and words that indicate any gender include all genders.
2.3 The headings to clauses, sub-clauses, and paragraphs in these Terms are for reference only and have no bearing on the content or interpretation of these Terms..
2.4. Days, months, and years are all references to English calendar days, months, and years, respectively.
2.5. Any reference to “writing” shall include printing, typing, lithography, an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder as applicable and other means of reproducing words in a visible form.
2.6. The terms “including” and “including” are to be interpreted broadly.
2.7. When used in this Agreement, the words “Your” or “your” or “You” or “you” refer to and mean “User” or “Users,” as the case may be.
3. Use Of The Website; Registration; Account Security
3.1. The contents of the Website are accessible only to individuals who are competent to contract under the Indian Contract Act, 1872. If we discover that the person using the Website is under the age of 18, we reserve the right to deny that person access to the Website or the supply of Services.
3.2. By using and accessing the Website, the User irrevocably declares and indicates that he is of legal age, that is, 18 years of age or older, and competent to contract under the Indian Contract Act, 1872, and that he is doing so at his own risk.
3.3.. The User will have the choice of registering and creating an account on the Website or continuing to use the Website as a guest. However, a user who visits the Website as a guest will not be able to take advantage of all of the Services that we offer, such as consultations, promotional offers, and product discounts.
3.4. If you want to use the Website, you must first create an account by filling out an online registration form. After completing the registration process, you will be given a user ID and password to access your account. You will be solely responsible for the security of your password and account, and you agree to do all necessary actions, deeds, issues, and things in this regard. As a result, you must notify the Website immediately if there is any unauthorised use of your account on the Website or any other security breach.
3.5. You may be required to supply certain information to us while using the Website, and we may collect additional information from you for the purpose of providing the Services.
3.6. The Company maintains the right, in its sole discretion, to refuse any User access to the Website or to use any Services without providing a reason.
3.7. The Company also reserves the right, in its sole discretion, to prevent any User from creating a User account on the Website or from accessing the Website or Services, without assigning any cause.
3.8. It is not permitted for several users to utilise the same/single log-in. You acknowledge and agree that you are responsible for keeping the passwords associated with any log-in you use to access the services secret.
3.9. The User certifies and declares that all information submitted is truthful, accurate, and genuine. User agrees that if any information provided by the User is not true, accurate, genuine, or complete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or is not in accordance with these Terms, the Company has the right to suspend or terminate User’s account on the Website indefinitely.
4.1. The Website is an online e-commerce portal that merely facilitates the sale and purchase of the Products by allowing Sellers to advertise and sell their respective Products to Users of the Website. The sale of Products on and through the Website will always be between you and the Sellers on a principal-to-principal basis, and the Company will have no liability or obligation in this regard.
4.2. You hereby agree to furnish on the Website all such information that may be required by us from time to time and/or which may be necessary under the Applicable Laws to facilitate the sale and delivery of the Products on and through the Website.
4.3 Nothing on the Website shall be construed as, or assumed to be, a representation, warranty, or guarantee provided by us in relation to the Products, including their quality, durability, effectiveness, or other characteristics, and the Company shall not be liable in any way.Such information displayed on the Website is mainly provided by the Sellers, and the Company makes no representation or warranty towards the accuracy or genuineness towards the same. Furthermore, the Company makes no representations or provides any explicit or implied guarantee or condition with respect to any other information or Services available on the Website.
4.4You agree, accept, and recognise that the Company displays all information relevant to the Products on the Website, including but not limited to the description of the Products, their composition, their instructions for use, their manufacturing and expiration dates, and so on as may be made available and provided to the Company by the Sellers, and the Company shall have no liability or obligation in respect thereof. Accordingly, in the event of any such information being untrue, incorrect, incomplete, misleading or fraudulent, any claims by the Users shall lie against the respective Sellers, and the Company shall not be liable in any manner whatsoever.
4.5. The Products are listed on the Website on an “as available” basis, and the Company will update, from time to time, information relating to the availability of the Products.
4.6. You agree and guarantee that the Products you order from the Website will be used purely for personal purposes and will not be sold commercially. The Company reserves the right to cancel any order placed by a User on the Website if the Company determines, in its sole and absolute discretion, that the order is a Bulk Order that could be used for purposes other than personal use.
5.1. Prices for the Products are listed on the Website and are incorporated by reference into these Terms. The pricing of the Products are subject to change at the sole discretion of the Website and the Sellers without prior notice. The Company will not be liable for any claims or liabilities resulting from such price changes.
5.2. In respect of payment for any Product/s that are ordered on the Website, the User will have the option to make such payments by either credit card, debit card, net banking, or on a ‘cash on delivery’ basis. If the Products are acquired on a “cash on delivery” basis, the logistics partner may levy a modest fee on top of the Product price.
5.3. The User will be led to a secure payment gateway for making payment for the Products after initiating a transaction for the purchase of any Product/s by credit card, debit card, or net banking. In this regard, the Company may enter into agreements with third-party payment gateway aggregators, and nodal banks for the purpose of collection, remittance, and retention of the payments made by the User.
5.4. The Company shall not be liable in any way for any loss or damage that may be caused to you as a result of any issues arising out of the transaction and/or the payment method, including any interruption or cancellation thereof, for any reason.
5.5. The user confirms that the billing credentials they offer for any purchase are accurate, and that they will not use billing credentials that they do not hold legally.
6. Shipping And Delivery
6.1. The Website, through its logistics partner, or the individual Sellers of the relevant Products, will ship and deliver the Products that are ordered on the Website. The delivery charges will be recorded in the final statement of payments due by the User for the Products.
6.2The User will be informed of the approximate delivery time for the Products. In case of delay, the Website may, at its sole discretion, inform the User of the same; provided that the Company shall not be liable for any loss or damage caused to the User on account of such delay.
6.3. The Website maintains a strict No-Return Policy. As a result, the Company will not accept any return requests from Users for Products that have been sold and delivered.
6.4. If any of the Products are damaged during transit, or if the expiry date on any of the Products has already passed as of the date of delivery, or if the Products have any other defects, such Products may be returned to the Website for replacement, and we will notify the Seller of such request. The Sellers are then responsible for processing such replacement requests for the Products. It is clarified that any claims connected to such replacement requests will be solely the responsibility of the Sellers, with no obligation or recourse to the Company and/or the Website in any way.
7. Force Majeure:
7.1 Neither party shall be liable for any failure or delay in performance of any obligation, under this agreement to the extent that such failure or delay in due to a force majeure event. The party who has such a cause must quickly notify the other party in writing of the nature of the cause and the anticipated delay.
7.2 if however, it is feasible for a party to prevent the occurrence of the force majeure event as a result of which that party is prevented from performing its obligation for more than 30days due to such force majeure event (Aggrieved party), the other party may decide to release the aggrieved party from performing its obligation hereunder or may alter the relevant terms of this agreement affected by the force majeure event for as long as the force majeure event exists, in order for the aggrieved party to perform its other duties under this agreement as modified. However, if force majeure continues for more than 60 (sixty) days, the aggrieved party may terminate this agreement by giving the other party written notice.
8. Intellectual Property Rights
8.1. The Website is controlled and operated by the Company, and all the Company’s Intellectual Property solely and exclusively belongs to and is owned by the Company.
8.2. Any redistribution, modification or reproduction of part or all of the contents featured in the Website in any form is prohibited and actionable. The Company’s Intellectual Property may not be distributed or commercially exploited by you. Nothing in these Terms gives the User any rights in the Intellectual Property of the Company.
8.3. These Terms allow you to use the Website for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s Intellectual Property except as generally and ordinarily permitted through the Website according to these Terms Except as permitted by these Terms, you may not access or use any part of the Website or materials available through the Website for any commercial reasons.
User undertakes to indemnify, defend and hold harmless the Company and its officers, directors, owners, administrator, independent contractors, subsidiaries, licensors, suppliers, employees, agents, and affiliates for and from any loss, claim, actions, demands, liabilities and settlements, including lawyer’s fees, fees of third parties, etc., by reason of, in any way relating to, or arising out of User’s violation of these Terms, or any conduct of the User or any other person operating for and on behalf of the User. The User further undertakes to indemnify & hold harmless, the Company against any judgment, proceedings, liability, or cost resulting from or arising out of the use of the Website or information/data provided on the Website or Services provided by the Company, by the User.
As long as the Agreement is in effect, the user agrees and undertakes not to divert any business of the Company and/or its affiliates, or any of the Company’s customers or suppliers, or to induce or attempt to induce, directly or indirectly, any person to breach his terms/relationship with the company.
11. Limitation Of Liability
11.1. This paragraph shall apply to all content and functionality of the Company, Website, and Services.
11.2. Regardless of anything else in this agreement, in no event shall Company or any of its directors, officers, employees, agents, or content service providers (collectively the ” Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or inability to use, the services or the content, including but not limited to negligence.
11.3. Under no circumstances, including negligence, shall the Company including or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise that result from the use of or inability to use the Website, Services, Products or that from errors, omissions, interruptions, file deletions, errors, defects, delays in operation or transmission, or any other failure of performance, including but not limited to acts of God, communication failure, theft, destruction, or unauthorised access to Company records, programmes, or the Website or Services.
11.4. Notwithstanding the above, the User’s exclusive remedies for all damages, losses, and causes of actions whether in contract, including negligence or otherwise, shall not exceed the sum of Rs. 5000/- (Indian Rupees Five Thousand Only). Such limitations shall apply to the Company’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft, or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
11.5. The Company shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way, relating to or arising out of the use of the Website or Services.
12. Third Party Website Links
12.1. On the Website, the Company has the right to show sponsored or third-party advertisements (“Sponsored Links”). The Company will not be liable for the accuracy of the information or the claims made in the Sponsored Links, regardless of the status of other content. The Company does not recommend that Users browse the Sponsored Links page or use any of their services. The Company is not responsible for the services of the Sponsored Link suppliers. Your dealings with, or participation in promotions of, advertisers other than Company found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. The Company shall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
12.2 Furthermore, the Company will not be liable for any indirect or consequential damages resulting from your reliance on the contents of these advertisements.
13. Rules Of Conduct
13.1. You agree and undertake that while on the Website, you shall ensure that your use of the Website does not cause the Website, or the access to it to be disrupted or harmed in any way, and shall take all required acts, deeds, issues, and things in that regard. As a result, you promise that you will not use the Website for:
13.1.1. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
13.1.2. publish or share, without necessary consents in respect thereof, any content on the Website that is protected by intellectual property;
13.1.3. violate any Applicable Laws and/or these Terms;
13.1.4. slander, harass, stalk, or threaten somebody, or infringe on their lawful rights;
13.2: The User shall not host, display, upload, change, publish, transmit, update, or share any information on the Website that:
13.2.1. belongs to some other person and to which the User does not have any right to;
13.2.2is severely hurtful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invading another’s privacy, hateful, racially, ethnically objectionable, insulting, relating or inciting money laundering or gambling, or otherwise forbidden in any way
13.2.3. harm minors in any way;
13.2.4. infringes on any patent, trademark, copyright, or other intellectual rights;
13.2.5. breaches any current law;
13.2.6. deceives or misleads the addressee regarding the origin of such messages, or conveys any information that is grossly offensive or frightening.
13.2.7. impersonate another person
13.2.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
13.2.9. 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 offense or prevents investigation of any offense or is insulting any other nation.
13.3When the Company or a third party learns of any of the above activities by a User, it has the right to remove or disable access to the content or information that is in violation of this Agreement, as well as to immediately terminate the User’s access or usage rights to the Website.
14. Misuse Of Services
Shri Vasu Enterprises may restrict, suspend or terminate the account of any user who abuses or misuses the Services. Creating multiple or false profiles, infringing on any Intellectual Property Rights, violating any of the terms and conditions of this agreement, purchasing goods for resale or wholesale, or any other behaviour that the Company, in its sole discretion, deems to be contrary to its purpose is considered misuse. In addition, at the request/instructions of the Company courier partner, the Company may restrict, deactivate, suspend, or cancel any user’s account.
15. Governing Law And Dispute Resolution
15.1. User agrees that these Terms and any contractual relationship arising out of the Terms or use of the Website or Services, shall be governed by and construed solely and exclusively in accordance with the laws of the Republic of India, and the courts of Gautam Budh Nagar district, Uttar Pradesh, shall have exclusive authority.
15.2. Any disputes or differences arising under and in pursuance of these Terms and/or the Services shall be referred to the arbitration of a sole arbitrator to be jointly appointed by the Parties. If the Parties do not agree to select a lone arbitrator within fifteen days of a Party notifying the other Party in writing of the existence of a disagreement or difference, the Hon’ble High Court of the state where the principal place of business is located will appoint such sole arbitrator. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification, or re-enactment thereof, or any statute enacted to replace the same in force from time to time. The arbitration proceedings will be conducted in English. The lone arbitrator will have summary powers and will be able to issue interim orders and awards as needed. The costs of the arbitration proceedings will be shared equally by the parties.
16.1. The Company reserves the right, at its sole discretion, to change, modify, add or remove any part of the Website or portions of these Terms at any time without providing the User with prior written notice, and any such change, alteration, addition, or removal (“Modifications”) shall be considered part of these Terms. It is the User’s responsibility to review these Terms periodically for updates/changes. By continuing to use the Website after the Modifications, the User acknowledges and accepts the Modifications.
16.2. Except as expressly set out in these Terms, all warranties, representations, terms, conditions or undertakings whether implied by statute, common law, custom, trade usage, course of dealing, or otherwise (including any implied warranty, representation, term, condition, or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.
16.3. The failure or delay of the Company to insist upon strict performance of any of the terms or provisions of these Terms, or to exercise any option, right, or remedy contained in these Terms, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same will continue and remain in full force and effect.
16.4. You hereby agree that the Company may assign these Terms, as well as the Company, Website, and Services, at any time in its sole discretion, without the User’s consent, and the User waives any right to such consent, to any parent, subsidiary, or affiliated company, or as part of the Company’s sale to, merger with, or other transfer or licence of any kind, to another entity(s); and any such assignee or transferee or licensor shall be deemed the assignee or transfer
16.5. Nothing in these Terms creates or is deemed to create a partnership, joint venture, agency, or other relationship between the parties hereto, or grants any party the authority to bind the other party, to contract in the other party’s name, or to incur any liability or obligation on the other party’s behalf.