Terms and Conditions

Introduction

Welcome to the Ayushakti.com (“Website” or “Ayushakti.com”) service provided by Ayushakti Ayurved Pvt. Ltd. This website is owned and operated by Ayushakti Ayurved Pvt. Ltd (‘Ayushakti Ayurved Pvt. Ltd’ or ‘Ayushakti Ayurved’, ‘we’ or ‘us’ or ‘AAPL’). Registered office: 563 (1&2) Bhadran Nagar Cross Road No:2, Off S.V Rd, Opp. Milap Cinema, Malad(W), Mumbai-400064.

By using the Ayushakti.com service, of Ayushakti Ayurved Pvt. Ltd, you are deemed to have accepted the Terms and Conditions of use listed below or as may be revised from time to time. You understand and agree that you are bound by our terms till the time you access this website. If you wish to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email us at webstore@ayushakti.com or call us on 02261451320.

We reserve the right to change these terms & conditions from time to time without prior intimation. Please keep visiting this section for regular updates.

Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Ayushakti Ayurved Pvt. Ltd. Any use of this website or its contents, including copying or storing them in whole or part, other than for your own personal non-commercial use is prohibited without the permission of Ayushakti Ayurved Pvt. Ltd. You may not modify, distribute, or re-post any content of this website for any purpose.

Accuracy of content and invitation to offer

Ayushakti Ayurved Pvt. Ltd has taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and all products have been adequately described. All prices on the site are inclusive of VAT. Packaging may vary from that shown. The weight, dimensions, and capacities given are approximate only. To the extent permitted by applicable law, Ayushakti Ayurved Pvt. Ltd disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Ayushakti Ayurved Pvt. Ltd will not be liable to any person for any loss or damage or compensation which may arise from the use of any of the information contained in any of the materials on this website.

All products/services and information displayed on Ayushakti.com (“Website” or “Ayushakti.com”) constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. Ayushakti.com reserves the right to accept or reject your offer in part or in full. Receipt of credit of your payment will constitute acceptance of your order.

Ayushakti.com reserves the right to accept or reject such balance orders. No act or omission of Ayushakti.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and again to confirm dispatch.

Eligibility to Use

Use of the Website is available only to persons who can enter into legally binding contracts under applicable laws. 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 your age is below 18 years, you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption. Ayushakti.com reserves the right to terminate your membership and refuse to provide you with access to the website if Ayushakti.com discovers that you are under the age of 18 years. The website may not be available to persons whose membership has been suspended or terminated by Ayushakti.com for any reason whatsoever. The materials on this website are directed solely at those who access this web from India. Ayushakti.com makes no representation that any products or services referred to in the materials on this web are appropriate for use or available outside India. Ayushakti.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of products from other states and require special documentation to affect such a sale. If Ayushakti.com receives an order from such states or to be delivered to such states (to see a list, please refer to our shipping policy), under such circumstances, Ayushakti.com retains the right to accept or reject the order.

Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws, if and to the extent local state laws are applicable. Ayushakti.com will deliver the products only within states having an open import policy and will not be liable for any claims relating to any products ordered from restricted states.

Except where additional terms and conditions are provided which are product-specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Ayushakti.com, you agree to be bound by the Terms and Conditions.

Account and Registration Obligations

Your Information is defined as any information you provide to us in the registration, buying or listing process, in the feedback area, or through any e-mail feature. We will endeavor to protect your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Ayushakti Ayurved Pvt. Ltd shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password, you should notify us by contacting us immediately through the address provided in the beginning of this agreement. If Ayushakti.com has reason to believe that there is likely to be a breach of security or misuse of the Ayushakti.com Website, we may require you to change your password or we may suspend your account without any liability to Ayushakti.com.

Ayushakti.com does not intend to receive confidential, proprietary, or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas, or comments sent to Ayushakti.com will be deemed non-confidential. By submitting any such information, you are granting Ayushakti.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Usage Restrictions

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 offense 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 websites connected to the Website.
• Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

Quantity Restrictions

Ayushakti.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Ayushakti.com also reserves the right, at our sole discretion, to decline sales to any person as it may deem fit.

Medical Disclaimer

No medicinal or curative claims can be or are made for any of our products. All information given is not intended to diagnose, treat or cure any condition or individual. If you are using supplements you should always inform your professional health practitioner or herbalist. You are strongly advised to seek the advice of your medical practitioner before using any of our products if you are presently taking any medication or any doubt concerning their use for your condition. Pregnant and breast-feeding women should only use products under medical supervision.

Pricing Information

While Ayushakti.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. All prices indicated are in Indian Rupees and inclusive of taxes and per unit at the time of order. Ayushakti.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Ayushakti.com will have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Ayushakti.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless your card payment has been accepted, your offer will not be deemed accepted and Ayushakti.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event that Ayushakti.com accepts your order, the same shall be debited to your credit / debit card account and duly notified to you by email about it. The payment shall be processed prior to Ayushakti.com dispatch of the product that you have ordered. We normally do not cancel the order after we have processed the payment.

We strive to provide you with best value. However, sometimes a price online may not match the price in a store or our supermarket in your particular geographic region. Prices and availability are subject to change without notice.

Cancellation by Ayushakti.com

We reserve the right to refuse or cancel any order without assigning any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will inform you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit / debit card has been charged, the said amount will be reversed back to your Card Account or we will refund it by way of DD/Cheque.

Cancellations by the Customer

An order, once placed cannot be cancelled. The customer agrees not to dispute the decision made by Ayushakti.com and accepts Ayushakti.com decision regarding the cancellation policy.

Returns/Exchange through courier collection:

• Any replacement against a return request made to Ayushakti.com customer shall be processed only upon receipt of the product in unused condition along with the original sales invoice.
• Once it is received by Ayushakti and verified for the purchase and condition of the product, we shall arrange a replacement/exchange within 7 working days of receipt of the product.

Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on Ayushakti.com are correct and accurate. You will not use any credit /debit card or facility which is not lawfully owned / obtained by you. You also understand that any credit card information submitted by you is directly received by our acquiring bank and not received by Ayushakti.com. Ayushakti.com will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently shall be on your account and the onus to ‘prove otherwise’ shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy.

Fraudulent/Declined Transactions

Ayushakti.com and its associated acquiring bank reserve the right to recover the cost of goods, collection charges and lawyer’s fees and other costs/damages from persons using the Website fraudulently. Ayushakti.com and its associated acquiring bank reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omission/acts in breach of our terms and conditions.

Electronic Communications

When you visit our Website or send us emails, you are communicating with us electronically. Hence, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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.

Colors

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see may depend on your monitor, we cannot guarantee that your monitor’s display of any color will be as accurate.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Ayushakti.com on or by this Website or otherwise disclosed, submitted, or offered in connection with your use of this Website (collectively, the “Comments”) will remain Ayushakti.com’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Ayushakti.com of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Ayushakti.com shall exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise of any Comments. Ayushakti.com 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 manner. Ayushakti.com is and will be under no obligation:

• To maintain any Comments in confidence;
• To pay compensate you for any Comments; or
• To respond to any Comments.

Copyright & Trademark

Ayushakti.com expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Ayushakti.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Ayushakti.com. Any use of this website or its contents, including copying or storing it or them in whole or part, is prohibited. You shall not modify, distribute, or re-post anything on this website for any purpose.

The Ayushakti.com names and logos and all related products and services names, design marks, and slogans are the trademarks or service marks of Ayushakti Ayurved Pvt. Ltd. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo, or mark in any manner.

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 Ayushakti.com’s endorsement, sponsorship, or recommendation of the third party, information, product, or service.

Ayushakti.com is not responsible for the content of or warranties made by any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. You may link to any such third-party websites entirely at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless Ayushakti.com, its employees, directors, officers, agents, and their successors and assigns 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 Ayushakti.com or any third party. This includes but is not limited to breach of any warranties, representations, or undertakings, or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Ayushakti.com. You may terminate this User Agreement at any time by informing us by mail that you no longer wish to be associated with this website. Should you continue to use this website, you will be bound by this agreement.

Ayushakti.com may terminate this User Agreement at any time and may do so without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Ayushakti.com. Upon any termination of the User Agreement by either you or Ayushakti.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Ayushakti.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement. Terms and conditions will remain effective for any pending order or order under process even after termination of the agreement by the user.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition.

The Website provides content from other Internet websites or resources and while Ayushakti.com tries to ensure that material included on the Website is correct, reputable, and of high quality, it cannot accept responsibility if the contents are otherwise. Ayushakti.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, Ayushakti.com or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Website, its services, or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Ayushakti.com to you for all liabilities arising out of this User Agreement, be it in tort or contract, is limited to the amount charged to you against the value of the products ordered by you.

Ayushakti.com, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted. Consequently, Ayushakti.com assumes no liability whatsoever for any monetary or other damages 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.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

• Accessing data not intended for you or logging onto a server or an account which 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 Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
• Sending unsolicited email, including promotions and/or advertising of products or services; or
• Forging any TCP/IP packet 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. Ayushakti.com 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. You agree not to 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. 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 Website other than the search engine and search agents available from Ayushakti.com on this Website and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Google Chrome).

Entire Agreement

If any part of this agreement 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 and enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Ayushakti.com with respect to the Ayushakti.com websites/services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ayushakti.com with respect to the Ayushakti.com websites/services. Ayushakti.com’s 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.

Privacy Policy

Please refer to the privacy policy mentioned elsewhere.

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 Ayushakti Ayurved Pvt. Ltd, and his decision will 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 Judicature at Mumbai alone shall have the jurisdiction.

Modification of Terms and Conditions of Service

Ayushakti.com may at any time modify the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on Ayushakti.com. Please review the User Agreement regularly on Ayushakti.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service, you will be deemed to have agreed to accept and abide by the modified User Agreement.

Contact Details

Even Beyond our Control
We will not be responsible to you for any delay or failure to comply with our obligations under these Online Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

Ayushakti Ayurved Pvt. Ltd
563 (1&2) Bhadran Nagar Cross Road No:2,
Off S.V Rd, Near Milap Cinema,
Malad(W),
Mumbai-400064.
Tel: (022) 28065757/5749/2424/2323
Fax: (022) 28065748.
Email: ayushakti@ayushakti.com
Website: www.ayushakti.com