Terms and Conditions – Medhya
Please read the following terms and conditions very carefully, as your use of service is subject to your acceptance of compliance with the following terms and conditions (herein referred as “Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User”, “Users” shall mean the end user accessing the Website (herein referred as Desktop site and mobile site “www.medhyaherbals.in” and its sub-domains, and all related application and services), its contents and using the Services offered through the Website and “we”, “us” and “our” shall mean Madhu Herbals LLP (herein referred as “Medhya and/or its Associates/Sister Concerns”.)
Madhu Herbals LLP (herein refers as “Medhya”), having its registered office at #1113/5 Mohinder Nagar, Ambala City, 134003, Haryana. The brand Medhya is operating through its website (Desktop site and mobile site “www.medhyaherbals.in” and its sub-domains, and all related application and services) for selling of healthcare products. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at our official email id [email protected]. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
In these Terms, references to Associate users means including but not limited to Registered User or a Non-Registered User, Practitioners, experts (which are specialized/experts in their fields/areas) advisors, consultants etc.
GENERAL TERMS & CONDITIONS
- The Prices for the products that are available on the website are the best prices that can be offered by us. We reserve the sole right to change the same without any prior intimation
- The coupon codes and promotional activities information that are available on the website shall be available for a particular period of time. We solely reserve the right to modify, extend, update, withdraw or change the validity of the codes or promotional activities period. In such events, the revised information shall be updated on the website accordingly. All offers on products shall last till the stock is available
- Quantity Restrictions: Medhya reserves the sole right to limit the quantity of items purchased by per person. The restrictions may be applicable to orders placed through the same account, the same credit / debit card (including any other payment mode), and also to orders that use the same billing and/or shipping address. The limit for purchase of quantity by per person shall be decided by the Medhya management and shall have sole discretion in deciding whether the product purchase by per person is falling under the quantity restriction or not
- We reserve exclusive rights to refuse service to anyone at any time due to any reason. Medhya management has sole discretion to express the reason for refusing or rejecting your service.
- Medhya reserves the right to pass on the orders to any of the vendor for the purpose of preparing, packaging and delivery of the order received from end user.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Medhya and/or its Associates/Sister Concerns express written consent.
You are hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the Medhya, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws.
If you are a minor i.e. under the age of 18 years, you must not use Medhya website at all. 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
Medhya reserve the right to terminate your membership and refuse to provide you with access to the Website at its sole discretion. If you are registering as a business entity, you shall be legally eligible to enter into the contract with us. If you are not legally eligible and you supply false information, then you should be held liable for any damages cause to Medhya. The Contract shall be voidable at the option of Medhya
You must ensure that the user ID and password are kept under your safe custody or at any place where confidentiality of the same is being maintained. In order to access the website in a smooth manner the same is required to be kept confidential. Medhya may disable your user ID and password without any notice or explanation
You are also prohibited from:
- Violating the terms and Conditions of the website.
- Intentionally using website for Commercial purpose.
- Intentionally sharing false or inaccurate information.
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
- Copying or duplicating in any manner any of the content on the Website or other information available from the Website.
We are not able to keep a proper check and balances on every information, comment, and opinion of third parties on our website. In case you think that any information is unpleasant, annoying (including but not limited to any information causing discomfort, disagreeable, revulsion etc.) then you have right to inform to us immediately by way of mail at our official e-mail ID (mentioned on our website) Medhya will take all reasonable steps in this concern within reasonable time.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Medhya a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Medhya the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Medhya (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Medhya reserves the right to edit or remove any material submitted to this website, or stored on Medhya servers, or hosted or published upon this website.
[Notwithstanding anything contained or referred here, Medhya reserves rights under these terms and conditions, in relation to user content, Medhya does not undertake to monitor the submission of any such contents or the publication of such content on, this website and shall not be held responsible by any means or way for any false/incorrect information posted on this website]
This website is provided “as is” without any representations or warranties, express or implied. Medhya makes no representations or warranties in relation to this website or the information and materials provided on this website.
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of taxes and we will notify on the website if any price changes due to taxes. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. Our acceptance of your order will take place only when it is confirmed by us. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
LIMITATIONS OF LIABILITY
Medhya will not be liable to you (whether the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
In case if any liability arises it shall be limited to the amount charged to you, against the value of the products ordered by you. These limitations of liability apply even if it has been expressly advised of the potential loss.
The Website does not provide any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. In case product warranty given by the manufacturer, whether that shall be availed or not shall be at the sole Discretion of the Medhya management. Medhya, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics provided on the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
INTELLECTUAL PROPERTY RIGHTS
The third party owns all Intellectual Property Rights including, without limitation, any and all rights, in relation to any information/opinion posted by them
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same. Medhya shall not be held responsible for any of the contents that you provide or upload on the website
CANCELLATION OF SERVICE REQUEST
Medhya also reserves the right to refuse or cancel service and product request in scenarios like inaccuracies in pricing of services/products on website, non-availability/deliverability of products (including detecting possibility of fraud) etc. It also has the sole discretion to cancel any order without providing any reason. We will notify you about the cancellation of order within 24 to 48 hours of order placement from users side. We will contact you if complete or any portion of your request is cancelled or if additional information is required to accept your order.
Medhya also reserves the right to refuse or cancel service and product request in scenarios like inaccuracies in pricing of services/products on website, non-availability/deliverability of products (including detecting possibility of fraud) etc. It also has the sole discretion to cancel any order without providing any reason. We will notify you about the cancellation of order within 24 to 48 hours of order placement from Users side. We will contact you if complete or any portion of your request is cancelled or if additional information is required to accept your order.
Cancellation by the User: In case of requests for order cancellations, Medhya, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Medhya receives a cancellation request and the order has not been processed/ approved by Medhya, Medhya shall cancel the order and refund the entire amount to User within a reasonable period of time.
Medhya will not be able to cancel orders that have already been processed, it is pertinent to note that the Medhya has the full right to decide whether an order has been processed or not. User hereby agrees and undertakes that the decision taken by the Medhya is acceptable to User and User shall not create any dispute on the decision taken by Medhya on cancellation.
SHIPPING, MODE OF PAYMENT AND RETURN POLICY
Orders are usually processed & shipped within 48 hours. The product reaches the customer between 3-5 working days for local (Haryana and neighboring states) and zone 1 (Delhi and nearby regions), and 5-7 working days for zone 2 (Rest of India). The time of Deliveries may vary to from the general guidelines mentioned above due to uncontrollable reasons and logistic reasons, for example the delivery time may vary in remote locations such as North East which may take up to 7 business days or longer, depending on the location’s geographical constraints. In case of no delivery due to negligence of customer, the customer shall be held responsible for the charges in the case of redelivery.
Depending on the product selection the customer may receive multiple order boxes, which may arrive at different times.
Shipping and Cash on Delivery Charges
Free shipping is available on Orders over and above of value Rupees 400. The orders below the value of Rupees 400 shall be charged with a shipping fee as specified per the zone. However, in certain cases the shipping charges may vary from the above referred lines and the same would be informed at the time of check out.
Mode of payment
The mode of payment that are available are as follows
1.) Credit cards/Debit cards
2.) Internet Banking
3.) Any other clarification kindly read the complete Terms & Conditions policy.
We accept returns due to our error inclusive but not limited to wrong product delivery, wrong quantity delivery, product does not match with the desired specification, damaged products or faulty products. In case of error notify us within 7 days of receipt of goods by way of email to [email protected] Their might be evidence asked for at times in such cases. Products should be received in original packaging and sealed condition. Opened or used boxes will not be accepted as returns. For issues like rashes, stomach upset, headache, flavour like/dislike, flavour difference from one brand to other etc. products would not be applicable for return. Please consult with the doctor before buying the product. In case, the return pick-up cannot be arranged by us, you can return the item through any mutually decided courier service and share tracking details and we will reimburse the courier costs. Returns not due to our error shall not incur our liability to refund the payment. The final call in regard to percentage of refund shall be depending upon discretion of Medhya management.
In case of return requests are accepted-:
In case of prepaid orders (done via using credit /debit cards and net banking):
The user will be offered 3 choices –
1) Replacing the same product or another product of value not exceeding the value of the portion of the returned order (mutually decided) will be dispatched within reasonable time in lieu of the returned good.
2) The amount of the returned portion of order will be refunded to the source (payments done via using credit /debit cards and net banking) within reasonable number of days
3) Medhya Coupon / Medhya Cash Subject to availability, this might be offered to the customer, of the equivalent amount of the returned portion of the order. In this case it will serve as onetime purchase coupon for the customer.
By using this website, you agree that the exclusions and limitations of liability set out in this website terms are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that Medhya has an interest in limiting the personal liability of its officers, employees, legal Counsellors & associate users. You agree that you will not bring any claim personally against Medhya officers, employees legal Counsellors& associate users in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Medhya’s officers, employees, agents, subsidiaries, successors, assigns, sub-contractors& associate users as well as Medhya.
You hereby indemnify Medhya and undertake to keep Medhya indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Medhya to a third party in settlement of a claim or dispute on the advice of Medhya’s legal advisors) incurred or suffered by Medhya arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
You disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Medhya other rights under these terms and conditions, if you breach these terms and conditions in any way, Medhya may take such action as Medhya deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings in the Gurgaon Court against you.
Medhya may transfer, sub-contract or otherwise deal with Medhya rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with Indian law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Gurgaon.
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
When you visit the Website or send emails to us you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. When you submit your phone number, email ID along with your shipping address you consent to receive calls on that number for communication related to your order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) are welcomed and shall remain our property. 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.