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Terms & Conditions
This Document Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To Electronic Records In Various Statutes As Amended By The Information Technology Act, 2000. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures. The terms "We" /"us" /"Our" /"Business" individually and collectively refer to Udaygiri Healthcare Private Limited/Shushen Herbals/Shushen Herbal Pharmaceuticals/Shushen and the terms "Visitor" & "User" refer to the users.
This website is owned and operated by Udaygiri Healthcare Private Limited/Shushen Herbals/Shushen Herbal Pharmaceuticals/Shushen, a Private Limited compay incorporated under and having its registered office at 2nd Floor, 33, Kaji Ki Chaal,, Malwa Mill Square, Indore, Madhya Pradesh, India, 452003 This page states the Terms and Conditions under which you (Visitor) may visit this website ("Website"). .
Welcome to Shushen Herbals
Please review our privacy-policy so that you may understand our privacy practices.
Please see our Payment Policy to understand the purchase processes of our products. All international shipping orders may attract local duties applicable in that country and accordingly the customer will have to pay such local duties/taxes.
Products and Services for personal use
The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
As part of the registration process on the Website, Shsuhen Herbals 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.
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.
Accuracy of information
We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
All information and content available on the website and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Shushen Herbals, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of Shushen Herbals website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. All logos, brands, marks headings, labels, names, signatures, numerals, shapes, processes, technology, content, illustrations, designs or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the written permissionof the business and its licensors.
You may not modify, distribute or re-post anything on this website for any commercial purpose.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,
- accessing data not intended for such user or logging into a server or account which the user is not authorised 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 user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding","mail bombing" or "crashing", or
- sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
- using any device, software or routine to interfere or attempt to interfere with the proper working of this Website; or
- using or attempt to use any engine, software, tool, agent or other device or mechanism Udaygiri Healthcare Private Limited and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material:
- that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
- that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful
Any unauthorized use by you of the Shushen Herbals website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your obligations and responsibilities
In the access or use of the Shushen website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Shushen Herbals, our Affiliates, partners or licensors.
Third party links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Shushen Herbals website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special features, functionality and events
PRICING AND ORDERS
All prices listed on www.shushenherbals.com are listed at the Maximum Retail Price (MRP), inclusive of Goods and Services Tax (GST) at the applicable rates and/or all other taxes that may be levied by the Government from time to time.
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, Shushen Herbals shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
Shushen Herbals reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order on the website.
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 or directly from the website. 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.
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.
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 firstname.lastname@example.org. 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 of a 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 prudent judgment 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 Shushen Herbals 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 Shushen Herbals
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.
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 of any 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.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam". You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Shushen Herbals website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any 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, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve 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, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to: email@example.com
Note: The above contact information is provided exclusively for notifying Shushen Herbals that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email at: firstname.lastname@example.org
Representations and warranties and limitation of liability
Shushen Herbals website is presented "As Is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, 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, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, 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 website; (e) computer 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 omissions in content or (g) events beyond our reasonable control. Shushen Herbals products are based on natural and ayurvedic formulations. We believe that each individual is different and their body composition is different from others. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Shushen Herbals will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the Shushen Herbals, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website 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 Indian National Rupees 1000 only.
You agree that no claims or action arising out of, or related to, the use of the website 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.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of Shushen Herbals or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Indore, Madhya Pradesh, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Indore, Madhya Pradesh, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Shushen Herbals website shall be referred to the sole Arbitrator appointed by the Chairman and Managing Director of Shushen Herbals in accordance with the law. The venue of such arbitration shall be at Indore, Madhya Pradesh, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Indore, Madhya Pradesh, India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
Consent to receive notices electronically by posting on the website and via email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: email@example.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
E-gift cards(terms & conditions)
- The gift card can be loaded in multiples of INR 500 with a minimum value of Rs 1000.
- The gift card shall be valid for a period of 1 year from the date of issuance. Any unused balance will not be refunded or credited when the card expires.
- The gift card can be redeemed only at exclusive Shushen Herbals stores or at www.shushenherbals.com
- The gift card can either be used in full or partially and is not redeemable for cash or credit.
- Shushen Herbals reserves the right to amend these terms & conditions or discontinue the card at its discretion.
- No replacement, refund or compensations shall be payable in case of any damaged, mutilated or lost card.
- Dispute/s, if any, in relation to this card and/or pursuant to the usage of this card shall be governed in accordance with the laws of India and subject to the Court of Indore.
- The gift card is not a legal tender and can neither be recharged nor revalidated.
- No loyalty points will be awarded on the value of the gift card during any transaction.
- The gift card cannot be clubbed with any other promotion or benefit.
- The Free Trial is restricted to a maximum of 1 sample per order.
- Only one Free Trial may be ordered at a time.
- A single customer can order up to a maximum of 3 Free Trials only.
- The order of a Free Trial cannot be combined with a purchase of full size products. For any other purchase, a separate order must be placed from the same account.
- Shushen Herbals reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the Free Trial promotion and at its discretion, can withdraw.limit the same from time to time.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter 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 website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other 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 any time 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.
If you have any questions regarding these Terms and Conditions, please email us at: firstname.lastname@example.org