ENTRY, BROWSING, REGISTRATION AND PURCHASE OF PRODUCTS THROUGH THE SITE BY YOU IS DEEMED ACCEPTANCE OF THESE TERMS AND CONSTITUTES A BINDING, LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IN THE EVENT THESE TERMS ARE NOT ACCEPTABLE TO YOU IN PART OR ITS ENTIRETY, WE WILL NOT BE OBLIGED TO PROVIDE ANY SERVICES OR SELL ANY PRODUCTS TO YOU WITHOUT ANY LIABILITY ON OUR PART AND YOU WILL HAVE NO CLAIM AGAINST THE COMPANY. FURTHER, WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS THE SITE OR BROWSE THROUGH ANY PART OF IT ON ACCOUNT OF NON-ACCEPTANCE OF THE TERMS.
This website “www.avpayurveda.com (“Site” or “Website”) is owned and operated by The Arya Vaidya Pharmacy (Coimbatore) Limited a public limited company with its corporate office at B2B, 1st Floor, Elysium Central Building, Puliyakulam Main Road, Opp. Carmel Garden School, Coimbatore – 641045 (“Company”, “AVP” “We”, “Us”, “Our” and terms of similar meaning) for the marketing, sale and distribution of its range of Ayurveda Products “AVP” (“Products”) to men and women across the territory of India.
Access to the Site, browsing of the Site, selection of the Products, and completion of sales and purchase of the Products through the Site is provided to the user, customer, viewer and/or visitor (“You”, “Your”, “User” as applicable) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below (“Terms” or “T&C”). Please be advised to read these Terms carefully before using the Site.
The Site also provides for the following:
- Registration of the User on the Site (“User Account”);
- Providing discount coupons or promotional offers to the User as We shall deem fit at Our sole discretion subject to the terms of such discount coupons or promotional offers.
And any other services as shall be determined by Us, from time to time, at our sole discretion
By accessing or using the Site or by merely browsing the Site or by using or receiving any services supplied to You by Us, you hereby expressly acknowledge and agree to be bound by these Terms, policies and guidelines incorporated by reference in these Terms and any future amendments and additions to these Terms as published from time to time on the Site.
By using the Site, you represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations as prevailing from time to time.
We reserve the right to modify these Terms at Our sole discretion without notice and it is your responsibility to review these Terms periodically and take note of all the changes, if any, to the Terms from time to time. In the event of any modification to the Terms, you will be deemed to be governed by the terms of such modified Terms, as comes into effect from time to time.
If You have any queries, comments, grievances or suggestions, please reach out to us at our corporate office or by emailing us at firstname.lastname@example.org
If You register for a User Account on the Site, You agree to:
- provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”) or such other data as may be required for completion of the billing process for the Products;
- maintain the security of Your password;
- maintain and promptly update the Registration Data, and any other information You provide to Us and to keep it accurate, current and complete;
- accept all risks of unauthorized access to the Registration Data and any other information You provide to Us. You are responsible for all activity on Your User Account, and for any changes therein;
- not authorize others to use Your User Account; and
- You may not assign or otherwise transfer User Account to any other person or entity.
ACCESS AND USE
Your access and use of the Site is subject to the following representations and warranties
- You may only access the Site using authorized and lawful means.
- Any configuration or set up of the Devices for access to the Site shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones.
- The Company reserves the right to prevent access should You be using the Site or Service with an incompatible or unauthorized Device;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Site;
- You will not use the Site in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Site;
- You will not use the Site, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will ensure that the Site is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Site or any other software, hardware, services or data;
- You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to the Site, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use the Site to develop, or to assist anyone in developing a competitive product or service or for other competitive purposes;
- You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the Site or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Company’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, the Company may apply Upgrades (hereinafter defined) to the Site, and that such Upgrades may result in changes the appearance and/or functionality of the Site. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Site, or portions thereof. “Upgrades” means new versions of, and updates to, the Site, whether for the purpose of fixing an error, bug or other issue in the Site or enhancing the functionality of the Site.
- The Site is provided to You strictly on an “as is” basis. Notwithstanding anything contained in these Terms, the Company does not warrant that the Site: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with Your Devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet Your requirements, specifications or expectations.
- You further acknowledge that the Company does not control the transfer of data over communications facilities, including the internet, and that the Site may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of the Site that arise from the Your content or third-party content.
- YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU.
PRODUCTS AND SERVICES
Stock & Delivery
- You can reach out to Us any time before You purchase the Product if you have any queries about the Product.
- The Company undertakes to deliver the Products only to following select cities within India and does not undertake to deliver the Products to any other cities in India.
- Your order that is placed does not bind the Company, but constitutes an offer from You to purchase the relevant Product in consideration for payment of the applicable price. All orders are then subject to acceptance by the Company and subject to availability of stock at the time of placement of the order. In event the Company is unable to process your order for any reason whatsoever, the Company is not liable to You, except to the limited extent of refund of any amount received from you towards the order
- The Company is entitled to levy charges for transportation and delivery, at its sole discretion, however, the same will be separately mentioned, if so levied.
- The Company hereby disclaims any guarantees of exactness as to the finish and appearance of the Products as ordered by You. The quality of any Products, services, information, obtained by You through the Site may not meet your expectations. Alterations to certain aspects of Your order such as the merchandise brand, size, colour, delivery time, shipping time etc. may be required due to limitations caused by availability of Product or Service. You hereby agree and acknowledge that You will not hold the Company liable for any such deviations.
- You agree and acknowledge that the Company uses third-party payment processors (“Payment Processors”) for any payments made on the Site. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. You further agree and acknowledge that neither the Company nor any of its directors, shareholders or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of Your use of the Payment Processors, your payment through the Payment Processors or Your ability or inability to complete the payment.
Discount coupons and promotional offers: The Company may at its discretion run promotional offers or offer discount coupons (collectively referred to as “Coupons”) in respect of certain qualifying Products subject to such terms and conditions as may be prescribed. All Coupons are subject to the following terms and conditions:
- Each Coupon is identified by a coupon code and has different qualifying requirements and rewards. All qualifying requirements stated on the Coupon must be met to receive the discount/offer;
- The Coupons can be redeemed only on the Site and are intended for single use only;
- The Coupon may not be used in conjunction with other promotional offers. Only one applicable Coupon may be used for each online order submission. Coupon cannot be combined with other promotions unless specifically stated.
- Coupon values and/or offers are as specified on the Coupon. In case of a multiple-item order, the value of the Coupon is allocated to each qualifying item based on the proportion of the qualifying item’s value to the total value of all qualifying items, excluding shipping, taxes and other charges.
- If you use a Coupon and subsequently cancel or return the order, the Coupon will no longer be valid and the respective values may not be reapplied to another order. If You return Your order, the refund amount will be the purchase price paid LESS the value of the Coupon. Coupon may not be redeemed for cash and is non-transferable. Taxes, shipping, handling, and other fees are extra, vary and are not subject to discount, unless otherwise specified.
- Each coupon is valid for a limited time only and expires on the date specified in the Coupon.
- Coupons are not for resale and are not redeemable for cash.
- Coupons cannot be replaced if lost, stolen, or deleted.
- If a Coupon is used and your entire order is cancelled or rejected, or if you return all Products in Your order, you will be refunded the actual amount paid and your Coupon will no longer be valid.
- The Company reserves the right to verify the validity of Coupons and to disqualify any claimant who submits a Coupon that is not in accordance with these Terms. All claims will be subject to the Company’s validation and verification checks. Company’s decision is final in respect of the same.
- The Company reserves the right to discontinue a Coupon or amend the terms and conditions at any time.
INTELLECTUAL PROPERTY RIGHTS
- You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, text, programs, products, processes, technology, content and other materials, etc.) and other proprietary rights in and in relation to the Site including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to User or other third party) shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever. Access to this Site does not confer and shall not be considered as conferring upon anyone any license in respect of the Company’s intellectual property rights.
- All rights, including copyright, in this Site are owned by or licensed to the Company. AVP names and logos and all related Product and service names, design marks and slogans are the trademarks or service marks of The Arya Vaidya Pharmacy (Coimbatore) Limited. Any use of this Site 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. You may not modify, distribute or re-post anything on this Site for any purpose.
- 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 Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any Contents or software is transferred to you. You may not reproduce, 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 Contents, the Site or any related software. All software used on this Site and the compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the property of the Company and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
By accepting these Terms and using the Site, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Your violation or breach of these Terms or any applicable law or regulation; (ii) Your violation of any rights of any third party, connected through the Site; (iii) Your use or misuse of the Site or Service; or (iv)any and all third-party claims based upon the content of any communications transmitted by You.
DISCLAIMER OF WARRANTIES
- The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
- The Products displayed on the Site suggest the intended use of that particular Product. It is your responsibility to ensure that the Product purchased suits your requirements and needs. You are advised to note that if the Product is used for other purposes other than the intended purpose, it may be detrimental to the quality and appearance of the Product and may result in damage to the Product or yourself.
- Inspite of best efforts, there may be typographical or pricing errors in respect of the Products and Coupons on our Site. We are not responsible for typographical, pricing or other errors, omissions, or consequences of misuse of Site and its functions.
- The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
LIMITATION OF LIABILITY
- Notwithstanding anything contained elsewhere in these Terms, in no event shall the Company be liable to You or anyone claiming under You for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if You are advised of the possibility of such damage.
- In no event or circumstance will the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
- The Company or anyone else involved in administering, distributing or providing the Site further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code”) that may be transferred to Your Devices when accessing the Site. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
- To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Site.
- No joint venture, partnership, employment, or agency relationship exists between any User and the Company as a result of these Terms or use of the Site. The User shall not be permitted to enter into any contract (whether oral or in writing) which may impose any direct or indirect obligation or liability on the Company in respect of any third party including the End-User.
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- These Terms shall be governed and construed under the laws of India and the courts of Coimbatore shall have exclusive jurisdiction.