Terms & Condition
1. USE OF THIS SITE
The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time. By merely accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the policies, whether you have read the same or not. Accessing, Browsing, Or Otherwise Using The Site Indicates Your Agreement To All The Terms And Conditions In This Agreement. So Please Read This Agreement Carefully Before Proceeding. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site.You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction,in or through which you access or view the site or such material. AyurSure reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time,without notice to its users and at its sole discretion. If AyurSure decides to change the Terms of Use or Policies, AyurSure will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason,you should frequently review these Terms of Use,our Guidelines and Rules, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consentto theuse ofpersonal informationby AyurSurein accordancewith the terms and purposes set forth in the Privacy Policy, the same may be subject toamendment fromtime totime atthe solediscretion ofAyurSure.
3. YOUR ACCOUNT
ThisSite isdirected tobe usedby adultsonly. Weassume thatany minor, if at all, accessing our Site is under the supervision of their guardians. AyurSure or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account,and password,and restrictingaccess toyour computer,and you herebyaccept responsibilityfor allactivities thatoccur underyour account and password.You acknowledge that the information you provide, in any mannerwhatsoever, isnot confidentialor proprietaryand doesnot infringe any rights of a third party. If you are accessing, browsing, and using the Site on someone else’s behalf; you represent that you have the authority tobind thatperson toall theterms andconditions herein.In theevent that the person refuses to be bound as the principal to theTerms of Use, you agree to accept liability for any harm caused by any wrongful use of the
Site resulting from such access or use of the Site. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the Contact Information provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password or suspend your account without any liability to AyurSure. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it wouldbe inAyurSure’s bestinterests todo so.You aresolely responsible for all content that you upload, post, email, or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
4. PRODUCT & SERVICES INFORMATION
AyurSure attempts to be as accurate as possible in the description of the producton theSite. However,AyurSure doesnot warrantthat theproduct description, color, information, or other content of the Site is accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. Theproduct picturesare indicativeand maynot matchthe actualproduct. AyurSure reserves the right to correct, change or update information, errors, inaccuracies,or omissionsat anytime (includingafter anorder has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability.
5. PRODUCT USE & SERVICES
The products and services available on the Site, and the samples, if any, that AyurSure may provide you, are fory our personal and/or professional use only.The products or services,or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
6. PRICING INFORMATION
AyurSure strives to provide accurate product and pricing information, however, errors may occur. AyurSure cannot confirm the price of the productuntil youmake theorder. Withoutlimiting thegenerality ofClause 8 (Cancellations, Refunds, and Returns) below, if a product/service is listed atan incorrectprice orwith incorrectinformation dueto anytechnical error, AyurSure shall have the right, at its sole discretion, to refuse or cancel anyorders placedfor thatproduct/ service,unless theproduct has alreadybeen deliveredor theservice hasalready beenavailed byyou. In the event that an item is wrongly priced,AyurSure may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless theproduct orderedby youhas been delivered and the services are availed, your offer will not be deemed accepted and AyurSurewill havethe rightto modifythe priceof theproduct/ serviceand contact you for further instructions using the e-mail address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. In the event that AyurSure accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The paymentmay beprocessed priorto AyurSure’sdispatch ofthe
product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account. Prices And Availability Of The Products And Services Provided Or Offered On The Site Are Subjects To Change Without Prior Notice And At The Sole Discretion Of AyurSure. AyurSure may revise and cease to make available any product/services at any time. In the event,AyurSure is unable to deliver the product to you on time or at all, you will be notified by e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions. AyurSure shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
7. CANCELLATIONS, REFUNDS, AND RETURNS
Please refer here for our Cancellation, Refunds,and Returns Policy.
8. MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards,Debit Cards, Net Banking, and Wallets.
Credit card, Debit Card, and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
9. SHIPPING AND DELIVERY
Please refer here for our Shipping and Delivery Policy.
10. USER CONTENT
The information, photo, image, chat communication, text, software, data, music,sound, graphics,messages, videos,or other materials transmitted,
uploaded, posted, emailed, or otherwise made available to us (“User Content“), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating, or sharing any information that
· belongs to another person and to which the user does not have any right;
· is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
· harm minors in any way;
· infringes any patent, trademark, copyright, or other proprietary rights;
· violates any law for the time being in force;
· deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
· impersonate another person;
· contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
· threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
AyurSure shall in no way be held responsible for examining or evaluating User Content,nor doe sit assume any responsibility or liability for the User Content. AyurSure does not endorse or control the User Content transmitted or posted on the Site by you and therefore,accuracy, integrity, or quality of User Contents not guaranteed by AyurSure. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will AyurSure be liable in any way for any User Content, including without limitation, fo rany errors or omissions in any User Content,or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against AyurSure for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that AyurSure has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense or delete any User Content.Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, AyurSure has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at info@ayursure.co and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 28 business days to process your deletion request.
11. INTELLECTUAL PROPERTY RIGHTS
The “AyurSure” name and logo and all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”) of AyurSure. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of AyurSure or others, are the intellectualproperty oftheir respectiveowners, andAyurSure shallnot be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
AyurSure expressly reserves all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of thecontent onthe Siteis theexclusive propertyof AyurSureand is
protected by Indian copyright laws and international treaties. Consequently, thematerials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, 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.You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. The Contents and software on this Site are to 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. Unless AyurSure explicitly provides to the contrary,all Contents are copyrighted,trademarked, trade dressed, and/or other intellectual property owned, controlled, or licensed by AyurSure, any of its affiliates, or by third parties who have licensed their materials to AyurSure and are protected by Indian copyright laws and international treaties.
12. LIMITED LICENSE
AyurSure grants you a limited, non-exclusive, non-transferable, non- sublicensable license to access and make personal and non-commercial use of the Site.All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates.
AyurSure reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
13. REPRESENTATIONS AND WARRANTIES
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. AyurSure shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
Youacknowledge thatthis Siteis providedonly onthe basisset outin the Terms of Use.Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, withoutlimitation, theunavailability, inoperability,or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
AyurSure shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including,but not limited to,content, hours of availability, and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. AyurSure 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 use the Site.
AyurSure through the Site intends to provide its users with general information about wellness and healthcare topics and products. The Site encourages its users to interact with AyurSure and its employees by asking questions that enable the user to obtain information of a general nature pertaining to wellness and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged withAyurSure, its employees,or representatives(collectively referredto as“Information”) which are in furtherance of any communication made by the user with AyurSure, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute a personal medical suggestion or be used for any medical diagnosis or treatment. While AyurSure takes reasonable care to ensure that the Information is accurate, AyurSure makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinions from a certified medical practitioner. In the event any user relies on the Information provided by AyurSure or its representatives/ employees,he/she may do so at his own risk. Under no circumstances will AyurSure,its employees,representative, or affiliates be liable for the Information or the consequences of relying on such information.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
14. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The Site Is Presented “as Is.” Neither We Nor Our Holding, Subsidiaries, Affiliates, Partners, Or Licensors Make Any Representations Or
Warranties Of Any Kind Whatsoever, Express Or Implied, In Connection With These Terms And Conditions Or The Site Or Any Of The Content, Including But Not 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, Neither We Nor Our Holding, Subsidiaries, Affiliates, Partners, Or Licensors Will Be Responsible Or Liable (Whether In Contract, Tort (IncludingNegligence) OrOtherwise) UnderAny CircumstancesFor Any
(A) Interruption Of Business; (B)Access Delays Or Access Interruptions To The Site; (C) Data Non-delivery, Loss, Theft, Misdelivery, 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 Site; (E) Viruses, System Failures Or Malfunctions Which May Occur In Connection With Your Use Of The Site, Including During Hyperlink To Or From Third Party Websites; (F) Any Inaccuracies Or OmissionsIn Content;Or (G)Events BeyondThe ReasonableControl Of AyurSure. We Make No Representations Or Warranties That Defects Or Errors Will Be Corrected.
Further, To The Fullest Extent Permitted By Law, Neither We Nor Our Subsidiaries, Affiliates, Partners, Or Licensors Will Be Liable For Any Indirect,Special, Punitive,Incidental, Or Consequential Damages Of Any Kind (Including Lost Profits) Related To The Site Or Your Use Thereof 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.
You Agree That No Claims Or Action Arising Out Of, Or Related To, The Use Of The Site 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. If You Have A Dispute With Us Or Are Dissatisfied With The Site, Termination Of Your Use Of The Site Is Your Sole Remedy. We Have No Other Obligation, Liability, Or Responsibility To You.
This disclaimer constitutes an essential part of this Terms of Use.
16. LINKS AND THIRD-PARTY SITES
Referenceson theSite toany names,marks, products,or servicesof third parties or hypertext links to third-party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply AyurSure endorsement, sponsorship, or recommendation of the third party, information, product, or service, or any association and relationship between AyurSure and those third parties.
AyurSure is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk.AyurSure does not assume any responsibility for examining or evaluating the offerings of the off- website pagesor anyother websiteslinked fromthe Site.We shallnot be responsible for the actions, content, products, or services of such pages andwebsites, including,without limitation,their privacypolicies andterms and conditions.You shouldcarefully reviewthe termsand conditionsand privacy policies of all off-website pages and other websites that you visit via the Site.
17. TERMINATION
TheseTerms ofUse areeffective unlessand untilterminated byeither you or AyurSure.
You may terminate the Terms of Use at any time, provided that you discontinueany furtheruse ofthis Site.AyurSure mayterminate theTerms of Use at any time and may do so without notice, and accordingly deny you access to theSite, such termination will be without any liability to the Site.
Upon anytermination of theTerms ofUse byeither youor AyurSure,you must promptly destroy all materials downloaded or otherwise obtained from thisSite, aswell asall copiesof suchmaterials, whethermade under theTerms of Use or otherwise.Any suchtermination ofthe Terms of Use shallnot cancelyour obligationto payfor theproduct alreadyordered from theSite oraffect anyliability thatmay havearisen underthe Termsof Use
18. INDEMNITY
You agree to defend, indemnify and hold harmless AyurSure, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, orlicensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to AyurSure or any third party including but not limited to a breach of any warranties, representations or undertakings or in relation to the non- fulfillmentof anyof yourobligations underthe Termsof Use,or arisingout of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, the claim of libel, defamation, violation of rights of privacy or publicity, lossof serviceby othersubscribers andinfringement of
intellectualproperty orother rights.This clauseshall survivethe expiryor termination of the Terms of Use.
19. GOVERNINGLAWAND JURISDICTION
TheTerms ofUse andthe Policiesshall be construedin accordancewith the applicable laws of India. For proceedings arising therein, the Courts shall have exclusive jurisdiction.
Anydispute ordifference eitherin interpretationor otherwise,of theTerms of Useand otherPolicies onthe Site,between theparties hereto,shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto.
Without any prejudice to particulars listed in Clause 11 above, AyurSure shallhave theright toseek andobtain anyinjunctive, provisionalor interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
20. SITE SECURITY
Youare prohibitedfrom violatingor attemptingto violatethe securityof the Site, including, without limitation,
· accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
· attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
· attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus
to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
· sending unsolicited emails, including promotions and/or advertising of products or services; or
· forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
AyurSure is entitled to 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. You agree not to use any device, software,or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.You agree,further, not to 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 Site other than the search engine and search agents available from AyurSure on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
21. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect.Unless other wise specified herein,these Terms of Use
constitute the entire agreement between you and AyurSure with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
AyurSure’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
22. GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
Were serve the right, in our sole discretion, to change/ alter/modify these Term sand Condition sat anytime by posting the changes on the Site.Any changes are effective immediately upon posting to the Site. Your continued use of the Site there after 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 Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or another 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 anytime 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.
For more information,you can contact us on:
Address:AyurSureWellness Pvt.Ltd.,Door# 9/836A,Municipal Park Road, Vadakara - 673101, Calicut.
Email:info@ayursure.co
Number:+91-8943331888

