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1. Welcome to Namaskar Ayurved
You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website. We reserve the right to block any user and permanently disable user accounts if we believe in our sole discretion that action of such a user has resulted in breach of fair usage policy or T&c.
2. Changes to these termsThe Company reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and You shall be bound by these T&C, as amended. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access and place your order. This T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of theWebsite.
Please see our Payment Policy to understand the purchase processes of our products.5. Products and Services for Personal Use
The products and services described on this 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 services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.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.6. Accuracy of Information
While describing our Products on our Website, we endeavor to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colors, 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. Please contact us in case of any product related queries.
7. Manufacturing Information (optional)
All our products are marketed by Namaskar Ayurved Pvt. LtdPlease check the individual product labels to check the manufacturing details for each product.8. Intellectual Property/Ownership of rights/Copyright & Trademark
All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) isthe property of Namaskar Ayurved, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. As required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or inpart, for any purpose without our express, prior written consent.9. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of Namaskar Ayurved Online website. This limited license does not include the right to:
(a) frame or utilize framing techniques to enclose the website or any portion thereof;
(b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website);
(c) make any use of the website or any and/or all Content other than personal use;
(d) modify,reverse engineer or create any derivative works based upon either the website or any and/or all Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or anyother “hidden text” utilizing any and/or all Content
(g) use software robots, spiders, crawlers, o similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the homepage of the website for personal, non-commercial use only. A website that links to the website.
(i) may link to, but not replicate, any and/or all of our Content;
(ii) may not imply that we are endorsing such website or its services or products;
(iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages;
(v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and
(vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. ( Avani to check with Advisors. This is standard across websites. Should we use this particular para?)Any unauthorized use by you of the Namaskar Ayurved Online website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.10. Your Obligations and Responsibilities
In the access or use of the Namaskar Ayurved website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to thewebsite or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Namaskar Ayurved, our Affiliates, partners or licensors.11. Third Party Links
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 under Section 10 above. 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, libelous, 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. 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
(i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner’s behalf;(ii) a description of the material that you claim is infringing and the location of the material on the website;
(iii) your address, telephone number and email address to firstname.lastname@example.orgNote: The above contact information is provided exclusively for notifying Namaskar Ayurved that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email at email@example.com. Representations and Warranties and Limitation of Liability
Namaskar Ayurved website is presented as We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including butnot limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any
(a) interruption of business;
(b) access delays or access interruptions to the site;
(c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website;
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to orfrom third party websites
(f) any inaccuracies or omissions in content or (g) events beyond our reasonablecontrol. Namaskar Ayurved personal care products are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Namaskar Ayurved will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the Namaskar Ayurved, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use there of regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only. You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one.
(1) year after the cause of action relating to such claim or action arose.Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitnessfor a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.Without limiting the generality of the foregoing, the Company makes no warranty:1. that the information provided on this Website is accurate, reliable, complete, or timely;2. that the links to third-party websites are to information that is accurate, reliable, complete, or timely;3. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;4. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and5. regarding any Products purchased or obtained through the Website.The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.17. IndemnificationYou will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:
(a) this T&C or the breach of your warranties, representations and obligations under this T&C
(b) the Website content or your use of the Website content
(c) the Products or your use of the Products (including trial products)
(d) any intellectual property or other proprietary right of any person or entity
(e) your violation of any provision of this T&C; or
(f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this T&C. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Mumbai,India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mumbai, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Namaskar Ayurved website shall be referred to the sole Arbitrator appointed by an authority of Namaskar Ayurvedboth the Parties in accordance with the law. The venue of such arbitration shall be at Mumbai, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Mumbai, India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.19. Consent to Receive Notices Electronically by Posting on the Website and Via Email
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. If you have any questions regarding these Terms and Conditions, please email us at: firstname.lastname@example.orgCopyright © Namaskar Ayurved Pvt. Ltd. (brand owners Namaskar Ayurved).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 ofnature 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 publicenemies, 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 clausebeyond 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 endeavor 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 accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually. Termination: The Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms of this T&C. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. This T&C will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it.
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. Assignment: You may not assign your rights and obligations under this T&C to anyone. The Company may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.21. Pricing and Availability:
The Prices and availability of the Products, offers and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company. The prices displayed at the Website are inclusive of goods and sales tax (“GST”), but do not include a delivery charge. For all orders under INR 1500, a ??delivery charge of INR 760 ?? shall be levied. All orders above INR 1500 shall be delivered without any delivery charges. The Prices and offers in offline store and online on websites and portals other than the Website may vary from the prices displayed on the Website.22. Delivery:For orders containing multiple Products, delivery may be made in multiple shipments. Delivery usually takes 5-7 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on the order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. In the event, the Company is unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. You agree that the Company shall not be liable to pay for any damage or loss either direct or indirect owing to such delay in delivery. Tracking Facility: Upon dispatch of the Product, you will receive an email/SMS with the details of the tracking number and the courier company. Orders may also be tracked, by clicking the ‘Your orders’ option on your My Accounts page. The order status can be tracked after 24 hours from the time of dispatch.23. Governing law and jurisdictionThis User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by both the Parties mutually. and his decision shall be final and binding on the parties here to. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The Court at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.