This User
Agreement (“Agreement”) comprising of rules and regulations and privacy
policy is published in compliance with the statutory requirement under the
Information Technology Act, 2000 and Rule 3 (1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 as applicable and amended from time to
time. This Agreement does not require any physical or digital endorsement by
signature. By accessing this website www.drvaidyas.com (“Website”) (whether or
not using the services/purchasing the products), you have agreed to the terms
and conditions of this Agreement. You may choose not to access the Website if
you do not agree with the contents of this Agreement. Use of
Personal Information This
Website is owned and controlled by Ashwaveda Healthcare and we at Ashwaveda
Healthcare respect your privacy and always endeavor to take due care with
respect to the confidentiality of personal information shared by you on our
Website. This Agreement comprising of the Privacy Policy herein provides
concisely, the manner in which your data is collected and used by us on the
Website. As a customer/visitor to the Website (“you”/”your“) you are advised to
please read this Agreement carefully. By accessing the services provided by the
Website you have agreed to the collection and use of your data by us in the
manner provided in this Agreement.. Services
overview As part
of the registration process on the Website, Ashwaveda Healthcare may collect
the following personally identifiable information about you: Name including
first and last name, email address, mobile phone number and contact details,
postal code, demographic profile (like your age, gender, occupation, education,
address etc.) and information about the pages on the Website you visit/access,
the links you click on the Website, the number of times you access the Website
and any such browsing information. Persons who are “incompetent to contract”
within the meaning of the Indian Contract Act, 1872 including un-discharged
insolvents etc. are not eligible to use the Website. If you are a minor i.e.
below18 years of age but at least 13 years of age you may use the Website only
under the supervision of a parent or legal guardian who agrees to be bound by
this Agreement. If your age is below 18 years your parents or legal guardians
can transact on behalf of you if they are registered users. You are prohibited
from purchasing any material which is for adult consumption and the sale of
which to minors is prohibited under applicable laws. Website
Access We permit
you a limited access and personal use of this Website and not to download
(other than page caching) or modify it, or any portion of it, except with our
express written consent. This permission does not include any resale or
commercial use of this Website or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this Website
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. You specifically agree that you shall not
reproduce, duplicate, copy, sell, resell, visit, and/or otherwise exploit for
any commercial purpose without our express written consent. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the
Website or of Ashwaveda Healthcareand its affiliates without express written consent.
You may not use any meta tags or any other “hidden text” utilizing the
www.niayurveda.com or Ashwaveda Healthcare name or trademarks without our
express written consent. Any unauthorized use terminates the permission or
license granted by us. Account
& Registration Obligations All
customers have to register and provide us personal information for placing
orders on the Website. You have to keep your account and registration details
current and correct for communications related to your purchases from the Website.
By agreeing to the terms and conditions, the customer agrees to receive
promotional communication and newsletters upon registration. The customer can
opt out either by unsubscribing on receipt of first letter or by contacting the
customer service. Pricing All the
products listed on the Website will be sold at MRP unless otherwise specified.
The prices mentioned at the time of ordering will be the prices charged on the
date of the delivery. Cancellation
by Website / Customer You as a
customer can cancel your order anytime up to the cut-off time of the slot for
which you have placed an order by calling our customer service. The cut-off
time begins from when the order has been placed and ends when the order has
been dispatched from our end. In such a case we will refund any payments
already made by you for the order. Once the order has been dispatched from our
end, it cannot be cancelled. If we suspect any fraudulent transaction by any
customer or any transaction which defies the terms & conditions of using
the website, we at our sole discretion could cancel such orders with/without
providing any notification to the Customer. We will maintain a negative list of
all fraudulent transactions and customers and would deny access to them or
cancel any orders placed by them. In the
case of any Free Offers Provided by the Company, It shall stand implied that
the purchase of the product offered as free will not be eligible for purchase.
On Breach of such condition, the respective order would be deemed as canceled. Returns Given
that we are dealing with Ayurvedic products our company follows a no return or
exchange policy. We will only allow exchanges if the product we have delivered
is damaged. For damaged product related redressals please contact customer
service at wecare@nidayurveda.com or call us at +91- 9953959531. Each of these
orders will be dealt with on an individual and case-by-case basis. Please do
not send your purchase back to the manufacturer and ensure to provide receipt
number for speedy damaged product redressal. You Agree
and Confirm That in
the event that a non-delivery occurs on account ofa mistake by you (i.e. wrong
name or address or any other wrong information) any extra cost incurred by us
for redelivery shall be claimed from you. That you
will use the services provided by the Website, its affiliates, consultants and
contracted companies, for lawful purposes only and comply with all applicable
laws and regulations while using and transacting on the Website. You will
provide authentic and true information in all instances where such information
is requested of you. We reserve the right to confirm and validate the
information and other details provided by you at any point of time. If upon
confirmation your details are found not to be true (wholly or partly), we have
the right in our sole discretion to reject the registration and debar you from
using the services and l or other affiliated websites without prior intimation
whatsoever. That you
are accessing the services available on this Website and transacting at your
sole risk and are using your best and prudentjudgment before entering into any
transaction through this Website. That the
address at which delivery of the product ordered by you is to be made will be
correct and proper in all respects. That
before placing an order you will check the product description carefully. By
placing an order for a product you agree to be bound by the conditions of sale
included in the item’s description. That all
calls To/From From Ashwaveda Healthcare may be recorded for quality assurance
and training purposes. The
customer agrees to receive updates, order confirmation and promotional messages
/ SMS / Email / Call for current and future Offer from Ashwaveda Healthcare You agree
that you shall not use the Website for any of the following purposes: Disseminating
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material. Transmitting
material that encourages conduct that constitutes a criminal offence or results
in civil liability or otherwise breaches any relevant laws, regulations or code
of practice. Gaining
unauthorized access to other computer systems. Interfering
with any other person‘s use or enjoyment of the Website. Breaching
any applicable laws; Interfering
or disrupting networks or web sites connected to the Website. Making,
transmitting or storing electronic copies of materials protected by copyright
or other Intellectual Property Rights without the permission of the owner. Deceive
or mislead and/or provide any contact information which is incorrect or
communicate any information which is grossly offensive or menacing in nature, Impersonate
any person. Colours We
endeavor to make every effort to display the colours of our products that
appear on the Website as accurately as possible. However, as the actual colours
you see will depend on your monitor, we cannot guarantee that your monitor’s
display ofany colour will be accurate. Modification
of Terms & Conditions of Service/ User Agreement We may at
any time modify the Terms & Conditions of Use/ User Agreement without any
prior notification to you. You can access the latest version of these Terms
& Conditions at any given time on the Website. You should regularly review
the Terms & Conditions on the Website. In the event the modified Terms
& Conditions is not acceptable to you, you should discontinue using this
Website. However, if you continue to use the Website you shall be deemed to
have agreed to accept and abide by the modified Terms of the User Agreement. Governing
Law and jurisdiction This 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 us and his decision shall be final and binding on the
parties hereto. 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 High Court of Mumbai alone shall have
the jurisdiction and the Laws of India shall apply. Note We as a
merchant shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any Transaction, on Account of the Cardholder having exceeded the preset limit
mutually agreed by us with our acquiring bank from time to time.