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Effective Date: [Insert Date]
1. INTRODUCTION
A. Welcome to www.keralaayurvedicstore.com, an online website (including its mobile version) operated and managed by Refine Herbs, having its registered office at VP 5/491B, Ground Floor, VC Building, Kattayad, 8/4 Vellamunda, Mananthavady, Wayanad DT 670731, Kerala, India (hereinafter referred to as the “Company”, “we”, “our” or “us”).
B. The “Services” we provide include:
(i) the Website,
(ii) services made available through the Website, and
(iii) all content, linked pages, features, data, media, tags, text, and other materials made available via the Website or related platforms (“Content”).
These Terms and Conditions govern your use of the Services.
C. By using, browsing, or registering on the Website, you (the “User”, “you” or “your”) acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, the Return/Refund Policy, and the Privacy Policy (collectively, the “User Agreement”).
D.
We reserve the right to change or update these Terms and Conditions at any time. Continued use of the Website constitutes your acceptance of the revised terms.
E. The version of the User Agreement applicable to your order is the one published on the Website at the time of your transaction.
F. Please read the User Agreement carefully. Accessing or using the Website constitutes your legal agreement to the terms herein. If you do not agree, please do not use the Website.
G. By placing an order, you represent that you are using the Products lawfully and in accordance with the User Agreement.
H. This document is an electronic record under the Information Technology Act, 2000. It does not require any physical or digital signature.
2. LIMITED LICENSE
A. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services under these Terms and Conditions. All content and intellectual property on the Website remain the property of the Company or its licensors and are protected under Indian intellectual property laws.
You may not:
· Copy, reproduce, republish, mirror or distribute the Website’s content
· Use bots, spiders, or other automated systems to access data
· Frame or mirror any part of the Website without prior written consent
3. ELIGIBILITY TO USE
A. You must be at least 18 years old to access or use the Website. If you are under 18, do not use the Website. We do not knowingly collect information from users below 18 years of age.
B. If you are acting on behalf of a company or legal entity, you must be authorized to bind that entity to this agreement.
C. We reserve the right to:
· Suspend or terminate your account
· Revoke your Website access
· Cancel or suspend transactions
· Remove your data
· Take legal action in case of violation of the User Agreement or applicable laws
D. The Company reserves the right to take any legal or remedial action if you violate these terms.
E. You may use the Website only for lawful purposes. You are solely responsible for compliance with applicable laws.
4. AVAILABILITY OF WEBSITE & SERVICES
A.The Company makes no guarantee of Website compatibility with your hardware, browser, or software.
B. We are not liable for service interruptions or errors caused by external systems, internet connectivity, or third-party service providers.
C. We may upgrade, modify, or discontinue the Website or Services without notice, but without affecting your availed rights.
D. Scheduled maintenance may temporarily limit access to the Website.
F. We aim to ensure uninterrupted service but do not guarantee it. Any faults should be reported, and we will act promptly to resolve them.
5. PRODUCTS
A. We sell products for personal use only. You may not resell any product or sample unless authorized.
B. We do not guarantee the availability of any product at all times. Use of the Website and purchase of products is solely at your own risk.
All products listed are compliant with Indian laws and safety regulations. Any additional product-specific terms will supplement and not override these Terms.
C. While many of our products are rooted in Ayurvedic and herbal traditions, we also offer certain wellness and personal care products that may contain permitted synthetic ingredients as approved by regulatory authorities. We do not claim that all products listed on keralaayurvedicstore.com are 100% Ayurvedic unless explicitly stated in the product description.
6.PURCHASE AND PAYMENT
A. Card payments on keralaayurvedicstore.com are processed securely through third-party payment channels. Accepted payment methods may vary depending on your location. We ensure our digital payment systems comply with applicable legal and technical standards.
B. By placing an order, you agree to pay all applicable charges using your chosen payment method. You confirm that the provided bank or card details are yours or you are authorized to use them. In case of any unpaid dues, you agree to cover legal costs or recovery expenses. A valid invoice compliant with Indian tax laws (including applicable GST) will be issued.
C. We are not liable for errors in payment or shipping details provided by you. Transactions may be delayed or cancelled if payment authorization cannot be verified.
7.USER REGISTRATION
A. Account Access: Access to secure features requires account registration. You may hold only one account and are responsible for maintaining its confidentiality. You are liable for all activity under your account.
B. Provide accurate registration details. We may request supporting documents to verify your identity. If inaccurate or fraudulent data is found, we may suspend or terminate your account with notice.
C. If you access the site on someone else’s behalf, you confirm you have their authority and accept liability for any resulting misuse.
D. Unauthorized attempts to access protected areas of the Website may result in legal action.
E. If you suspect your account has been compromised, notify us immediately. We may block or reset your account access for security.
F. All content uploaded or shared by you is your responsibility and is governed by our Privacy Policy and Indian law.
G. You remain fully responsible for any use of your account, authorized or not. We are not liable for misuse resulting from negligence or inaction on your part.
8.ACCURACY OF CONTENT AND INVITATION TO OFFER
A. We strive to describe products and prices accurately, but minor variations or typographical errors may occur. Actual product colors and packaging may differ from those displayed. Prices include GST. Content is subject to change without notice.
B. All product listings on the Website are invitations to offer. Your order is considered an offer subject to the User Agreement.
C. We may accept or reject your order in part or full at our discretion. Dispatch of products constitutes acceptance. Partial dispatch means remaining items are still under offer and may be accepted or rejected. Price and availability are subject to change without notice.
D. You are responsible for evaluating the accuracy and usefulness of any content. Reliance on such content is at your own risk.
9.USAGE RESTRICTIONS
A. You may not use the Website to:
(i) post unlawful, offensive, or objectionable material;
(ii) encourage criminal or civil offenses;
(iii) gain unauthorized access to systems;
(iv) interfere with others’ website use;
(v) violate laws;
(vi) disrupt network services;
(vii) store or share copyrighted material unlawfully;
(viii) harm minors;
(ix) infringe intellectual property rights;
(x) impersonate others;
(xi) mislead or transmit offensive messages;
(xii) deploy malware;
(xiii) threaten national integrity or security.
B. You may not upload or share content that:
(i) belongs to others without permission;
(ii) is obscene, defamatory, or racially offensive;
(iii) violates any applicable law;
(iv) impersonates another person;
(v) contains malware or harmful software;
(vi) is patently false or misleading.
C. You must not:
(i) compromise the Website’s security;
(ii) post disruptive or competing content;
(iii) submit false information;
(iv) use the Website to violate international sanctions;
(v) contact other users unsolicitedly;
(vi) use automation to navigate the Website;
(vii) collect user data;
(viii) reverse-engineer the Website;
(ix) copy Website content;
(x) frame or hotlink the Website;
(xi) take any actions to damage or overload the Website;
(xii) violate laws on cybercrime and misinformation.
Violations may result in account suspension, legal action, or both.
10. QUANTITY RESTRICTIONS
A. We reserve the right, at our sole discretion, to limit the quantity of Products purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same credit/debit card, and/or orders using the same billing and/or shipping address. We will provide notification to the User should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to anyone as we may deem fit.
11. PRICING INFORMATION
A. The prices and availability of the Products, offers, and Services provided or offered on the Website are subject to change at the sole discretion of the Company without prior notice or liability. We strive to be as accurate as possible; however, typographical or pricing errors may occur. If a Product is listed at an incorrect price or with incorrect information due to an error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless it has already been dispatched. If mispricing occurs, we may either contact you for instructions or cancel your order and notify you. Unless a Product has been dispatched, your offer will not be deemed accepted. If payment is processed prior to dispatch and the order is cancelled, the paid amount will be refunded to your original payment source.
B. Promotional Offers / Discounts: Promotions may be limited to specific categories or stock availability. Coupon codes may be inapplicable to selected Products or categories. Promotional prices are valid only for the promotion duration. We may update, modify, or withdraw promotional offers without prior notice. Promo codes, once used, will not be refunded in case of order cancellation. Cashback offers from banks are subject to the issuing bank’s terms in addition to these terms.
12. INDEMNITY
A. You agree to release, defend, indemnify, and hold harmless the Company (including its licensors, directors, officers, employees, agents, and affiliates) from and against all claims, damages, losses, liabilities, costs, and expenses, including attorney’s fees, arising from your actions or omissions, breach of any warranties, obligations, representations, or applicable laws, including intellectual property violations, tax defaults, defamation, privacy violations, or third-party claims.
B. If the Company is threatened with legal action or is sued by a third party, we may require written assurances of your indemnification. Failure to provide such assurance may be considered a material breach. The Company has the right to participate in your defense using its own counsel at its expense. You shall not settle any claim without the Company’s prior written consent. This clause survives termination of the User Agreement.
13. PRIVACY
A. We are committed to protecting your privacy and request you to review our Privacy Policy available on the Website.
B. The Privacy Policy explains how we collect, store, use, and protect your personal information associated with your account and/or use of the Services.
C. You acknowledge and consent that we may access, preserve, or disclose your account information or content if required under applicable law, which may allow personal data processing without user consent in specific circumstances.
14. FINANCIAL DETAILS
A. You confirm that the credit/debit card or other financial details provided by you for availing Products or Services on the Website are accurate and legally owned by you. You acknowledge that such financial information is received directly by our payment service providers and not stored by us.
B. The Company is not liable for any credit/debit card or financial fraud. The responsibility for fraudulent use lies with you. We, along with our payment partners, reserve the right to recover losses, collection charges, and legal fees from users who commit fraud, and may initiate legal proceedings under applicable laws for such actions.
15.COMMUNICATION:
A. When you visit the Website or send emails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16.WEBSITE FEEDBACK, USER COMMENTS AND USER GENERATED CONTENT:
A. Other than personally identifiable information, which is subject to our Privacy Policy, all reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted to us by you on or by this Website or otherwise disclosed, submitted or transmitted in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; and/ or (iii) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate the User Agreement or any rights of any third-party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.
B. We do not regularly review posted Comments but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for any Comments you make, and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third-party. Further, you agree that the Company does not have the ability to control the nature of the Comments generated on the Website.
17.OWNERSHIP OF INTELLECTUAL PROPERTY; COPYRIGHT AND TRADEMARK:
A. Ownership: The Intellectual Property in and to the Website, Services and the Content are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce our rights over these Intellectual Property to the fullest extent of the applicable laws.
B. All Content can be used as shopping resource only. Any other use of the Services and Content, including copying or storing in whole or part is strictly prohibited without the explicit permission of the Company. Access to the Services does not authorize anyone to use the Content in any manner whatsoever; except that you may download or copy the Content and other downloadable materials displayed on the Website for your personal non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Save as otherwise provide in aforesaid paragraph, you shall not modify, publish, transmit, transfer, update, share, distribute, display, reproduce, create derivative works from, repost, perform sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website and/or the Services. The Services are designed, updated and maintained by the Company or its licensors.
C. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of our or any third-party's Intellectual Property. All rights, including rights to all Intellectual Property displayed on the Website and the Content therein are owned by or licensed to us and where applicable, third-party proprietors identified on the Website. All software used on the Website is the property of the Company or its licensors and may be used only as a shopping resource. All Content and software are protected by the applicable Indian and international intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of Content on this Website is the exclusive property of the Company or its licensors and is also protected by the applicable Indian and international intellectual property laws.
D. References on this Website to any names, marks, products or services of third-parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply: (i) any affiliation with us; or (ii) our endorsement, sponsorship or recommendation of the third-party, information, product or service.
E. The Website also offers information, both directly and through indirect links to third-party websites about nutritional and dietary supplements. The Company does not always create such information, and the content published on the Website; instead, the information and content are often gathered from other sources. The Company does not endorse any such information or content, and the Company expressly disclaims any and all liability in connection with the same. The Company is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content.
18.TERMINATION:
A. The User Agreement is effective unless and until terminated by either you or us. You may terminate your Account (and hence the User Agreement) at any time by notifying us in writing via email at care@keralaayurvedicstore.com of your desire to do so. We may terminate your Account (and hence the User Agreement) at any time by providing twenty four (24) hours advance notice, and accordingly deny you access to the Website and/ or Services. Such termination will be without any liability to the Company. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of your Account. Any such termination of your Account shall not cancel your obligation to pay for Products already ordered from the Website or affect any liability that may have arisen prior to termination.
B. Following the termination, you will not be permitted to use the Website or the Services and the Company may, in its sole discretion and after notifying you, cancel any outstanding orders for Products. If your access to the Website or Services is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website or use of the Services.
19.LIMITATION OF LIABILITY AND DISCLAIMERS:
A. This disclaimer constitutes an essential part of the User Agreement.
B. The Website, and all Content and Services included on or otherwise made available to you through the Website, are provided "As Is" and without any warranties, claims or representations by us of any kind either express or implied including, without limitation, warranties of quality, performance, non-infringement of intellectual property, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. You hereby agree to bear the risks associated with the use of the Website and any Content.
C. Without limiting the generality of the foregoing and to the maximum extent permitted by applicable law, the Company makes no representation or warranty, express or implied:
(i) that the Services, the Website, the Content or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free;
(ii) that the Website and/ or the server that makes the same available are free of viruses or any other harmful codes, instructions, programs or components;
(iii) no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
(iv) as to the results that may be obtained from the use of the Products.
D. 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.
E. To the maximum extent permitted by applicable law, the Company (including its licensors) shall not be liable whether in contract, tort (including negligence, product liability, strict liability or other theory) or other cause of action at law, in equity, by statute or otherwise for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, revenues, use, data or other intangible losses) arising out of or in connection with: (a) the use or the inability to use any Product, Content or Services; (b) the cost of procuring substitute Products; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any expected results from the usage of the Products, even if we have been advised of the possibility of such damages.
F. You acknowledge and agree that, subject to the applicable laws, your only right with respect to any problems or dissatisfaction with the Services is to (i) request for termination of your Account; and/ or (ii) discontinue any use of the Services; and/or (iii) return and refund or replacement of the Product as per the Return, Refund and Cancellation Policy.
G. If, notwithstanding the previous sections, the Company is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, our (including our licensors) maximum liability to you or to any third-party for all liabilities arising out of the User Agreement and/or Product, be it in tort or contract or otherwise, shall be limited to the amount charged to you, against the value of the Products ordered by you.
H. Any claim must be made no later than sixty (60) days from when the event giving rise to liability first occurred.
I. Some of the above limitations only apply to the extent permitted by applicable law and/ or regulation in India. Additionally, the User may have additional rights that may not be waived or disclaimed. The Company does not seek to limit User's warranty or remedies to any extent not permitted by applicable laws in India.
20.HEALTH RELATED INFORMATION:
A. The health-related information contained on the Website is provided for information purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with the Company) for diagnosing or treating a health problem or disease or prescribing any medication. Any information and statements on the Website are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all the information provided on the Products packaging prior to use. The results from the Products will vary from person to person. No individual result should be seen as typical.
Product Suitability Disclaimer: Add a line stating that skincare product effectiveness varies based on skin type and user-specific factors.
Patch Test Warning: Add a recommendation for users to perform a patch test before full use skincare products to prevent allergic reactions.
Non-Medical Advice Clause : Confirm that information is not medical advice and users should consult a dermatologist if unsure.
21.WEBSITE SECURITY:
A. In accordance with the provisions of the prevailing Indian laws, you are prohibited from violating or attempting to violate the security of the Website, or use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website including, without limitation:
(i) Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding', 'spamming', 'mail bombing' or 'crashing';
(iv) Sending unsolicited email, including promotions and/or advertising of products or services;
(v) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; and/or
(vi) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Company on this Website and other than generally available third-party web browsers (e.g., Google Chrome, Firefox, Microsoft Edge).
B. Violations of system or network security may result in civil or criminal liability in accordance with the applicable laws in India. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
C. We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Website, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) through third-party gateways and the Company plays no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, the Company shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of personal information while using the third-party gateways and or Website. Further, the Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any personal information concerning the User's account and/or information relating to or regarding online transactions using credit cards/debit cards/cash cards/net banking and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information.
D. Whilst the Company makes every effort to protect the security of communications made through the Website, you shall be solely responsible for managing and maintaining the security of all aspects required to access or use the Website and your Account, including:
(i) your login credentials, including your password to your Account;
(ii) your email for receiving information and notifications;
(iii) your phone and authenticator for two-factor authentication;
(iv) recovery passphrases;
(v) hardware or software used to access the Website;
(vi) information or documents relating to your Account; and
(vii) any other required forms of authentication.
E. You shall notify the Company in writing within 24 hours from the time you become aware of any unauthorised use of your Account, or other suspected Account-related security breach.
F. If the Company has reason to believe that there is a breach of security, or the person logged into the Account is not the registered User or an authorized person of the registered User, or where the Account will be used for illegal, fraudulent or unauthorised purposes, or where there is any suspicious activity, the Company reserves the right to require you to change your login credentials, or suspend, restrict or terminate access to your Account and/ or use of the Website, or cease acting on your instructions, post notice to you, in accordance with applicable laws.
22.ENTIRE AGREEMENT:
A. Unless otherwise specified herein, the terms set forth in the User Agreement constitute the entire agreement between you and us with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
23.CONTACT INFORMATION:
A. If you have any grievance, comment, question or suggestion regarding any of our Products, Services or use of the Website, you may contact us as below:
Customer Care:
Phone: +91 7012123234
Email: care@keralaayurvedicstore.com
24.FORCE MAJEURE:
A. 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 of nature, 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 public enemies, 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 section beyond our reasonable control. Further, if a Force Majeure event takes place that affects the performance of our obligations under the User Agreement, such obligations shall be suspended for the duration of the Force Majeure event.
25.EFFECT OF WAIVER:
A. The failure of the Company to exercise or enforce any right or provision of the User Agreement will not constitute a waiver of such right or provision.
26.WAIVER OF CLASS ACTION RIGHTS:
A. Unless permitted under the applicable Indian laws, by accepting the User Agreement, you hereby irrevocably agree not to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with the User Agreement must be asserted individually.
27.ASSIGNMENT:
A. You may not assign your rights and obligations under the User Agreement to anyone. The Company may assign its rights and obligations under the User Agreement in its sole discretion and without advance notice to you.
28.SEVERABILITY:
A. If any provision or provisions of the User Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
29.GOVERNING LAW AND JURISDICTION:
A. The User Agreement shall be governed by and construed in accordance with the laws of India without regard to its conflict of law rules.
B. The parties submit to the non-exclusive jurisdiction of courts located in Kerala, India to settle any disputes which may arise out of or in connection with these Terms and Conditions.