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Terms and Conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020 AND ANY AMENDMENTS THERETO, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBSITE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.HERBZENICA.IN OR AVAILING ANY OF THE PRODUCTS OF HERBZENICA LIFE SCIENCES PRIVATE LIMITED( HEREINAFTER REFERRED TO AS (“WEBSITE” “PLATFORM” “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR HAS ACCESS TO THE WEBSITE IN ANY MANNER WHATSOEVER OR THE PERSONS WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.

ACCESSING, USING OR BROWSING THE WEBSITE,WILL INDICATE YOUR ACCEPTANCE OF THE GIVEN TERMS AND CONDITIONS. YOU ARE ADVISED TO READ THE TERMS AND CONDITIONS BEFORE YOU START BROWSING THE WEBSITE. IF YOU DON’T AGREE TO ANY OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.

We reserve the right to block any user and permanently disable user accounts if we believe in our sole discretion that action of such a user has resulted in breach of fair usage policy or T&C.

  1. Revision of T&C: We reserve the unilateral right to revise the T&C at any time and we will inform you of a revision of the terms via medium selected by us, at our sole discretion. We will post the revised T&C and policies on the website and any changes and modifications on the website with immediate effect. Your continued usage of this website along with the modifications of the T&C constitutes acceptance to the modifications and shall be deemed as you have accepted the terms and conditions  fully and shall be binding on you. Hence, we advise you to frequently review these terms, and other policies.
     

  2. Privacy Practices:  We understand the importance of safeguarding your personal information and we have formulated a privacy policy to ensure your information is properly secured. Apart from the terms and conditions, the privacy policy shall also govern your visit to the website. Your continued usage of the website shall imply that you have completely read, understood and abided by the terms of the privacy policy. You consent to the collection, processing, use and sharing of personal information by us in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company.
     

  3. Products:

    (a) Term of offer: The website offers for sale certain products ("Product"). The product shall include trial products and products offered free of cost. By placing an order through our website for the products, you hereby agree to all the terms and conditions set forth in this T&C. The products along with the sample provided on the website are for personal use only. You may not sell or resell any of the products or samples thereof unless agreed upon otherwise. We reserve the right with or without notice to cancel or  reduce the quantity of the products to be provided to you that we believe in our sole discretion may result in the violation of our T&C.

    The company may change, suspend or discontinue the availability of any of the products at any time without any notice or liability. You acknowledge that the price payable in connection with any of the products or services are subject to change without any notice or liability.

    While describing the products, we endeavor to be as accurate as possible. To the extent applied by applicable law, we do not warrant that the product description, color, information or other content available on the website are accurate, complete, reliable, current or error-free. The website may contain typographical error or inaccuracies or may not be completely updated. Such inaccuracy or omission may also relate to pricing, availability of the products. Please note that the pictures are indicative and may not match the actual product.

    (b) Proprietary Rights: All the brand names are owned and licensed to the company and are exclusive products of the company, its affiliates, partner or licensor and is protected by laws of India. Including laws governing all applicable forms of intellectual property. The company has the proprietary rights and trade secrets in the products. You shall not copy, reproduce, modify, republish, duplicate, re-sell or re-distribute any of the products manufactured by the company in whole or in part or any other form otherwise. The company also has all the rights on all trademarks, trade dress and any specific layouts of the webpage including without limitation call to action , text lacement, images, technology, content, software any other technology and any other material which appear on the website including its look and feel. No trademark is granted in connection with the products and materials contained on the website. The access and usage of the product in no way grants any rights to use the trademark in any manner.The trademark displayed on the website whether registered or unregistered are the intellectual property of the company.

    (c) Tax:  If you purchase any of the products, you will be responsible for paying the taxes in relation to such purchase.
     

  4. Website:

    (a) Account Details: You will receive a login ID and Password once you sign up and create an account through our website, or you can login using your google or facebook credentials by providing necessary permission. You are responsible to maintain all activities happening in your account. Each account is non transferable and may not be sold, traded, combined or otherwise shared with any other person.

    You agree to immediately notify Herbzenica of any unauthorized use of your account password or any other breach of security through our “Contact us” details. By registering on our website you agree to receive marketing and promotional emails from “Herbzenica” through emails, SMS, Whatsapp and other modes of communication.

    We may employ third party service providers for your convenience, in such occasions some of your personal information will be shared with the said third party. The company is not responsible for any content or any damage and loss you may accrue by the usage of such third party services. You should always read the terms and conditions and privacy policy of such third parties before agreeing to avail their services.

    The company reserves the right to refuse services or terminate the account at any time when the company believes that the terms and conditions are being violated or if the company decides in its sole discretion that it would be in the company’s best interest to do so. You are solely responsible for all the information you provide,upload, email or otherwise transmit through the website. The information provided by you shall be maintained under the privacy policy as given here.

    (b) Use of Website: The company is not responsible for any damages incurred because of the use of the website. You will not use the website for any illegal activity. You will (a) abide by all applicable laws, local, national and international (including laws regarding Intellectual Property) (b) not interfere with or disrupt the peaceful usage of any other user (c) not resell any material on the website (d) not engage directly/indirectly in transmission, of spam, chain letters, junk mails or any other type of unsolicited communication. (e) not defame, harass, abuse other users of the website (f) not to do or attempt to do any act which is grossly harmful,harassing, blasphemous, defamatory, harassing, pornographic, paedophilic, libelous, invasive of anyone else’s privacy, racially or ethnically objectionable, propaganda or otherwise unlawful whatsoever.

    (c) License: By using this website you are being granted a non-exclusive, non- transferable, right to use the content on the website in connection with non-commercial use of the website. You may not copy, reproduce, transmit, or create derivative works of such content or information without express written authorization of the company or any third party information available on the website.

    (d) Posting: By posting, storing, or transmitting any content on the Website, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, subject to the Company’s privacy policy. The Company does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The Company is not liable for any damage or harm resulting from any posts by or interactions between the users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the Company deems objectionable. Under no circumstances will the Company be liable in any way for any user generated content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user generated content.

    (e) Security of the Website: You are prohibited from violating or attempting to violate the security of the website, including but not limited to :-

    • Accessing data not intended for your use or attempting to access the account of someone you are not authorized to access.

    • Attempting to probe, scan or test the vulnerability of a system or network or to breach security authentication 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;
       

  5. Payment Method: The payment on the website, can be done through credit card, debit card, UPI payment, Net Banking, Wallets, QR, Reward Points and Cash on Delivery.
     

  6. Cancellation, Refund and Return Policy: You are authorized to cancel your orders under certain specific conditions. You may choose to cancel your order before it dispatches, within three hours of placing the order depending on whichever comes first. It is pertinent to note that partial cancellation or cancellation of any specific product in an order is not allowed.

    • To initiate cancellation, you can call us at 9776643375 or send us an email at herbzenicaonline@gmail.com and simply put in a request for cancellation. Please remember that cancellation can be placed only within two hours of placing the order, any cancellation placed after that will not be entertained because of operational constraints.

    • If you have prepaid for your order and place the request for cancellation within two hours, a full refund will be initiated. The refund process usually takes 2-48 business hours and it will be initiated only when our team has duly processed your cancellation request.

    • For hygienic reasons we cannot accommodate cancellation after delivery.

    • Damages due to neglect, improper usage or wrong application of Products will not be covered under our Cancellations, Refunds and Returns Policy. Please note that orders for Gift kits are not applicable for exchange or refund. Exchange of Products due to allergic reactions is not applicable.

    • Shipping and Delivery Policy: With the presence of multiple warehouses all over the country, we usually take 5-7 working days for the delivery of the products. In case you receive any damaged product, you are advised to report within 48 hours to get a full refund or replacement. For wrong or incomplete orders also you are advised to inform us within 48 hours and we will promptly resolve the issue. Full and uncut unboxing video is mandatory for refund or replacement.
       

  7. Disclaimer of Warranties: Your use of the website is at your own discretion and sole risk. The website and the products are offered on an “as is” and “as available” basis.The company expressly disclaims all warranties of any kind whether expressed or implied including but not limited to implied warranty of merchantability, fitness or a particular purpose and non-infringements with respect to the products.

    • Without limiting the generality of the forgoing, the company makes no warranties

    • that the information provided on this Website is accurate, reliable, complete, or timely;

    • that the links to third-party websites are to information that is accurate, reliable, complete, or timely;

    • no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;

    • regarding any Products purchased or obtained through the Website

    • The inclusion of any product or offers on the website at a particular time does not imply or warrants that the products will be available at any time.

      The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
       

  8. Limitation of Liability: YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

    FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE 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.

    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. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

  9. Indemnification: You will release, indemnify, defend and hold harmless the company and any of it’s contractors, agents, employees, officers, directors, affiliates, shareholders and assigns from liability, damages, cost and expenses including reasonable attorney’s fee and expenses of third parties arising out of (a)breach of This T&C or the breach of warranties, representation and obligation under the T&C. (b) the website content or use of the website content (c)the products or your use of the products (including the trial products) (d) any intellectual property rights or any proprietary rights of any person or entity (e) Your vio;ation of any provision of this T&C (f) any information or data you supplied to the company, when the company is threatened with suit or sued by third party, the company may seek written assurance from concerning your promise to indemnify the company; your failure to comply with the same will be considered as material breach to the T&C. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.
     

  10. Termination: These T&C are effective unless and until terminated by either you or the Company.

    • You agree that the Company, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account or your use of the Website at any time.

    • You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice in case of non-compliance with rules and regulations, Privacy Policy or T&C, and you agree that the Company will not be liable to you or any third party for any such termination.

    • Upon termination for any reason of the T&C by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of these Terms shall not cancel your obligation to pay for the Products already ordered from the Website or affect any liability that may have arisen under these T&Cs.
       

  11. Governing Law and Jurisdiction: The terms and use of this policy shall be construed in accordance with the applicable laws of India. For proceedings arising therein the courts of Bhubaneswar shall have exclusive jurisdiction.
    Any dispute or difference either in the interpretation or otherwise in the terms of use and other policies on the website, between the parties hereto shall be referred to the independent arbitrator who will be appointed mutually and his decision shall 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 seat and venue of arbitration shall be held in Bhubaneswar.
     

  12. General:

    • Force Majure: The Company will not be deemed in default hereunder or be held responsible for cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of god, war, terrorism, armed conflict, labor strike, lockout or boycott any acts of nature labor disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.

    • Cessation of operation: The company may at any time in its sole discretion and without any advance notice to you, cease operation of the website and distribution of the product.

    • Entire Agreement: This T&C comprises the entire agreement between you and the company and supersedes all prior agreements and understandings pertaining to the subject matter contained herein.
       

  13. CONTACT US:

    • Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website

    • Name of the Privacy Officer:

      Email: herbzenicaonline@gmail.com

      Phone Number: +91- 9776643375

      Contact Days: Monday-Saturday (From 9:00 am to 6:00pm)
       

  14. GRIEVANCE OFFICER:

Herbzenica Life Sciences Pvt. Ltd.,
Plot No. 23, Swarnapuri Complex, Patia, Bhubaneswar, Odisha
751024
Customer Care No.: +91- 9776643375
Email: herbzenicaonline@gmail.com
Time: Mon to Fri (9:00 am to 6:00 pm)

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