Terms and conditions
The Good Herbs is a brand owned by Chyavan Rishi Ayur Siddha Private Limited (referred to as The Company henceforth), a company incorporated under the Companies Act 2013, with the registered office at 12, Village Rakhoh, Teh. Sarkaghat, Dist. Mandi, Himachal Pradesh - 175042.
The domain name https://www.thegoodherbs.in (referred to as the website henceforth) is owned by the company.
We permit the customer 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. The customer speciﬁcally agree that he / she shall not reproduce, duplicate, copy, sell, resell, visit, and/or otherwise exploit for any commercial purpose without our express written consent. he / she 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 the company and its affiliates without express written consent. He / she will not use the website for any of the following:
1) Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2) 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.
3) Gaining unauthorized access to other computer systems.
4) Interfering with any other person‘s use or enjoyment of the Website.
5) Breaching any applicable laws;
6) Interfering or disrupting networks or web sites connected to the Website.
7) Making, transmitting or storing electronic copies of materials protected by copyright or other Intellectual Property Rights without the permission of the owner.
8) Deceive or mislead and/or provide any contact information which is incorrect or communicate any information which is grossly offensive or menacing in nature,
9) Impersonate any person.
As part of the registration process on the Website, the company may collect the following personally identiﬁable information about the customer: Name including first and last name, email address, mobile phone number and contact details, postal code, demographic proﬁle (like age, gender, occupation, education, address etc.) and information about the pages on the Website visited/accessed, the links clicked on the Website, the number of times the Website is accessed 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 the customer is a minor i.e. below18 years of age but at least 13 years of age he / she may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If the age of the customer is below 18 years, parents or legal guardians can transact on their behalf if they are registered users. Minors are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited under applicable laws.
Pricing, promotions and product listing
While we strive to maintain the accurate and latest product definitions / specifications on the website along with the most accurate pricing for various elements (product, shipping, etc.), there may be some errors on the same. In such a case, the company reserves the right to either contact the customer and obtain consent for the correct product / price or cancel the order and inform the customer accordingly.
We will try and maintain the images as close to the actual product as possible. But the image on the website depends on a number of factors including the customers' computer settings. Hence, please consider the images on the website as reference and not the final product.
The company may choose to run promotions from time to time. The promotion may be valid on a certain product and not site wide. Every promotion will have the terms and conditions clearly specified. By availing the promotion or offer, The customer will automatically agree to the terms and conditions of the said offer.
Financial transactions on the website
The customer agrees, understands and confirms that the credit / debit card details or other financial details provided for availing of services on the Website will be correct and accurate and shall not use the credit /debit card or financial facility which is not lawfully owned / obtained. The customer also understands that any financial information submitted by them 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 the customer and the onus to ‘prove otherwise’ shall be exclusively on them. 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.
Customer undertakes to indemnify, defend and hold harmless the Company and its officers, directors, owners, administrator, independent contractors, subsidiaries, licensors, suppliers, employees, agents and affiliates for and from any loss, claim, actions, demands, liabilities and settlements, including lawyer’s fees, fees of third parties, etc., by reason of, in any way relating to, or arising out of customer’s violation of these Terms, or any conduct of the customer or any other person operating for and on behalf of the customer. The customer further undertakes to indemnify & hold harmless, the Company against any judgment, proceedings, liability or cost resulting from or arising out of use of the Website or information/data provided on the Website or Services provided by the Company, by the customer.
Intellectual Property Rights
1) The Website is controlled and operated by the Company, and all the Company’s Intellectual Property solely and exclusively belongs to and is owned by the Company.
2) Any redistribution, modification or reproduction of part or all of the contents featured in the Website in any form is prohibited and actionable. The customers are not permitted to distribute or commercially exploit the Company’s Intellectual Property. Nothing in these Terms grants the User any right in respect of Company’s Intellectual Property.
3) These Terms permit the customers to use the Website only for personal, non-commercial use. One must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s Intellectual Property except as generally and ordinarily permitted through the Website according to these Terms. The customer must not access or use, for any commercial purposes, any part of the Website or materials available through the Website, except allowed under these Terms.
Health related information
The information contained in the web site is provided for informational purposes only and is not meant to substitute for the advice provided by the doctor or other health care professional. The customer should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site 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. Information and statements regarding dietary supplements have been evaluated by FSSAI but are not intended to diagnose, treat, cure, or prevent any disease. The customer should read carefully all product packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.
Governing Law and Dispute Resolution
The customer agrees that these Terms and any contractual relationship arising out of the Terms or use of the Website or Services, shall be governed by and construed solely and exclusively in accordance with the laws of the Republic of India, and the courts at Delhi shall have exclusive jurisdiction.
Any disputes or differences arising under and in pursuance of these Terms and/or the Services shall be referred to the arbitration of a sole arbitrator to be jointly appointed by the Parties. If the Parties do not agree to the appointment of a sole arbitrator by the expiry of fifteen days from the date a Party has notified, in writing, the other Party of the existence of a dispute or difference, then the Hon’ble Delhi High Court shall appoint such sole arbitrator. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification, or re-enactment thereof, or any statute enacted to replace the same in force from time to time. The arbitration proceedings shall be held in English language and shall be held at Delhi. The sole arbitrator shall have summary powers and be entitled to give interim directions and awards from time to time. The cost of the arbitration proceedings shall be borne by the Parties in equal shares.
1) Users account details (emails and phone numbers) will be used to assist them throughout the online ordering process and post-sales as well to help resolve any queries. The customer as a user of the website agree to company using the third party communication tools to reach out to him / her (irrespective of DND status) for pre and post-purchase queries and concerns.
2)Should any provision or any part of any provision of these Terms be rendered void, invalid or unenforceable by any Court of law or statutory or concerned authorities having jurisdiction, for any reason, then such invalidity shall not render invalid or unenforceable any other provision or part of a provision in these Terms
3) Except as expressly set out in these Terms, all warranties, representations, terms, conditions or undertakings whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.
4) The customer hereby agrees that the Company may assign these Terms along with the Company, Website and Services at any time at its sole discretion, without the requirement of any consent from the User and the User also waives the right of any such requirement of consent, to any parent, subsidiary or an affiliated company, or as part of the sale to, merger with, or other transfer or license of any kind, of the Company to another entity(s); and any such assignee or transferee or licensee shall automatically step into the shoes of the Company for the purpose of these Terms.
5) We may at any time modify the Terms & Conditions of Use/ User Agreement without any prior notiﬁcation. The customer can access the latest version of these Terms & Conditions at any given time on the Website. The customer should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions is not acceptable, the customer should discontinue using this Website. However, if he / she continues to use the Website, he / she shall be deemed to have agreed to accept and abide by the modiﬁed Terms of the User Agreement.