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These Terms and Conditions are a legal and binding agreement between you (“the User”) and Fatho Technologies Pvt Ltd’s product named “Ayurshakha” (herein after called as the Company/Ayurshakha). Terms and conditions states the grounds on which user can use the website and its application called as Ayurshakha. Terms and Conditions are updated from time to time at our sole discretion and the most updated version is available on the website/ application of ayurshakha. Continued use by the user of the site after any revision indicates the user’s acceptance of the updated/revised Terms and Conditions. By accessing the website as well as application, you become the User and are bound by the terms and conditions of this agreement and other policies of Ayurshakha. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL NOT REGISTER WITH THE APPLICATION OR COMPANY’S WEBISTE. User visit or registration or access to the website and mobile application of D2D shall be taken to be the consent of user to our terms and conditions. 1. “Ayurshakha” is the brand and product of “Fatho Technologies Pvt Ltd”, a company Registered under the Companies Act, 2013. The Company has developed the online application portal called as ayurshakha, with the prime objective of selling the ayurvedic medicines, by providing the information and purpose of medicine through its innovative portal named as “Ayurshakha”. 2. The “Ayurshakha” is a free online portal, which can be easily downloaded from the specific app stores. The “User” must set up an account with the AYURSHAKHA online application through the initial input of their mobile number and must provide certain information about himself as prompted by the Customer Information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy. 3. User represents and warrants that the information submitted, during registration is truthful and accurate, and that user shall maintain the accuracy of such information. Your Account username and password are personal to you. You may not transfer your account otherwise you will be responsible for the activities associated with your Ayurshakha Account. Ayurshakha will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify Ayurshakha. Further, it is your responsibility to keep your email address up-to-date on your account setup at Ayurshakha, so that we can communicate with you through electronic mode. 4. The User shall find the option of categories in the portal, which is segregated on the criteria of diseases/medical problem, user may select its category and thereafter, may elect the available medicines of various manufacturers at the mentioned price. The availability of medicines at particular price in various categories shall be considered as only invitation to offer. Any order placed by user on the portal shall be considered as User’s offer and the acceptance of same is subject to the dispatch of the order. “Ayurshakha” application has various other facilities such as Special Product, Job for Doctors, Homeopathy, Daily Use and the such complementary features shall not be concluded as the prime business of the application and has been inserted to make the application customer friendly. The Company’s innovation is only a portal, where one can place order for the purchase of medicines of different nature, manufactured by different manufacturers. Company shall not be responsible for the quality, authenticity and the consequences from the use of medicines. Neither Company shall be responsible for the purpose of purchase and consequences there from. However, based on customer feedback and as part of its business policy, company may remove or restrain the manufacturers from selling the medicines through the use of its portal. 5. Proprietary Rights User acknowledges and agrees that the Ayurshakha and any software used in connection with the ayurshakha contains, proprietary and confidential information protected by applicable intellectual property and other laws. User further acknowledge and agree that the Ayurshakha’s Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, user agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or "scrape" for commercial or any other purpose, the ayurshakha’s Network, the ayurshakha’s Content or the Software, in whole or in part. Any use of the Ayurshakha’s Network or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties intellectual property rights. User may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for himself. User may not remove any copyright notices from our materials. User agrees not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. 6. Privacy Policy Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use and disclose your personally identifiable information, please refer our Privacy Policy. We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers. 7. Security Policy All your transactions are fully secured whenever you place an order online on ayurshakha. Your personal information is encrypted by encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information. 8. Customer eligibility Our Customers or Users must be over 18 years of age and registered with us. Ayurshakha is not intended for children under the age of 18. We will not knowingly collect information from Ayurshakha visitors in this age group. 9. Price and Payment All our product prices include all applicable statutory taxes and we make every effort to make sure that the pricing and availability of Products on our portal is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice. Our standard delivery charges are item-specific. Delivery times may vary depending on the delivery location as well as the type of product you order. The User can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery. Further Credit/Debit Card and Net Banking Payments are processed via our online payment service partners. 10. Use of Information on the Ayurshakha’s Portal The information provided on the Website or through our services is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease. The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition. Ayurshakha does not endorse any views or opinions that may be included in the Portal or Website Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and Company. 11. Disclaimer of Warranties and Limitation of Liability All information, Products and services included on or otherwise made available to you through this portal are provided by Ayurshakha on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your sole risk. a) Ayurshakha assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site/portal. b) Ayurshakha has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/portal at our sole discretion. c) Ayurshakha as mentioned above cannot guarantee the adequacy, currency or completeness of the Website/portal content. Ayurshakha does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/portal. d) Please note that while Ayurshakha has made every effort to accurately display the colours of products on its Website/portal, the actual colour you see will depend on user’s monitor. We cannot guarantee that your monitor’s display of any colour will be the same as the colour of the Products delivered to you. 12. Links to third-party websites We may provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link. 13. Terms of Sale We may accept or decline any order placed by a Customer in its absolute discretion without liability and reserves the right to discontinue any program or offer on our website/portal. We reserve the right, without prior notice, to limit the order quantity of any Products available on Ayurshakha. Return and Refund Policy At Ayurshakha, we do our best to ensure that you are completely satisfied with our products and we are happy to issue a full refund based on the conditions listed below: Full Refunds Possible If: · you received a defective item; · the ordered item(s) is lost or damaged during transit; · the ordered item(s) is past its expiry date. We also understand that various circumstances may arise leading you to want to return a product or products that are not defective, such as when the patient no longer requires the medication. In these cases, we may allow the return of unopened, unused products after deducting a 20% restocking charge. Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that. If the mode of refund is by e-wallet, credit should be available within 24 hours. How to Request a Refund: To request a refund, simply email us your order details, including the reason why you're requesting a refund. We take customer feedback very seriously and use it to constantly improve our quality of service. User Indemnification You hereby agree to indemnify, defend, hold harmless Ayurshakha and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses. Applicable Law and Jurisdiction These Terms and Conditions and your use of this Website/portal and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Chandigarh. 14. Severability If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
