Terms & Conditions
The mobile application
Homoeobazaar and website www.Homoeobazaar.com is owned and operated by Azu
Alpena Private Limited, a company duly incorporated under the provisions of the
Companies Act, 2013 (hereinafter referred to as “Homoeobazaar” or “We” or “Our”
or “Us” or “Company”). The domain name and the mobile application are
collectively referred to as the “Website”.
The User, by placing order
either through Homoeobazaar App or website, is deemed to have consented to
these terms and conditions. At its sole discretion, Homoeobazaar is entitled to
change or modify the terms and conditions from time to time, without there
being an obligation to the User. The User shall update his/her knowledge about
the terms and conditions from time to time.
GENERAL
This document is an electronic
record generated by a computer system in terms of Information Technology Act,
2000 and rules there under as applicable and does not require any physical or
digital signatures.
This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 that require publishing of rules and
regulations, privacy policy and Terms of Service for access or usage of
www.Homoeobazaar.com or the web-based application (“APP”).
OWNERSHIP
This App and the Website is
owned and provided by Azu Alpena Private Limited . By registering as a
Subscriber/User, you are granted a limited revocable, non-exclusive license to
use the Website and the App. HOMOEOBAZAAR can terminate this license at any time
with or without any reason or notice. The content in the Website and the App is
protected under the applicable Laws of India.
TERMS AND CONDITIONS
Valid and legally enforceable
contract between the User and HOMOEOBAZAAR, the terms and conditions along with
the privacy policy of this website/the APP constitute valid and legally
enforceable contract as per Indian Contract Act 1872. In case of any
inconsistency the terms and conditions will prevail over privacy policy.
SERVICES OFFERED BY WEBSITE/THE
APP
HOMOEOBAZAAR facilitates:
Dispensation of Pharmaceutical
Drugs (except Schedule X drugs as envisaged under relevant provisions of the
Drugs and Cosmetics Act, 1940 and relevant and updated Rules framed therein)
and Healthcare related products;
Diagnostic Lab Booking;
Generating healthcare data-base
and repositories like archiving of patients’ prescription;
Nutrition and diet related
advisory, counselling and educational services;
Processing of data for the
purposes of generating healthcare alerts;
The provision of curated
healthcare information and health tips from Doctors, Yoga teachers, Diet
Counsellors and
In addition, HOMOEOBAZAAR
offers designated services to those who opt for Annual Subscription, subject to
the specific terms and conditions as detailed below.
HOMOEOBAZAAR also provides the
option of remote monitoring of patients by the chosen Doctor’s.
DISCLAIMER
The content of the Website,
including without limitation, articles, text, copy, audio, video, photographs,
illustrations, graphics and other visuals, is for informational purposes only
and does not constitute professional medical advice, diagnosis, treatment or
recommendations of any kind.
Reliance on any information
appearing on the Website, whether provided by HOMOEOBAZAAR, its content
providers, visitors to the Website or others, is solely at Your own risk, and
HOMOEOBAZAAR shall not bear any liability for any loss/ injury that may arise due
to your reliance on any information published on the Website.
REGISTERED USER
User can avail the envisaged
services if he or she is a competent person to enter into Contract as per the
Indian Contract Act, 1872.
User in order to avail
services, will have to create an account in our website by providing certain
information, including name, personal particulars, telephonic contact details,
e-mail address, mailing address, bank account details, debit card number,
credit card number, expiration dates, prescription scanned copy as well as any
other information which may be required to be furnished or made available in
User’s account to place Order.
If User is providing false,
incorrect, unclear information or is impersonating some other person, then
HOMOEOBAZAAR reserves right, in its absolute discretion, to
block/cancel/suspend account and take appropriate legal action against such a
User. HOMOEOBAZAAR shall not be under any obligation to warn User before
blocking/canceling/suspending the account.
USER ACCOUNT, PASSWORD AND
SECURITY
Only upon providing User
information, HOMOEOBAZAAR undertakes to create relevant account. As per the
terms and conditions, if the User wishes to avail service through Website,
he/she must register as User by creating an account;
The moment the account gets
activated (opened), the user is solely responsible for confidentiality of such
information. In case the User either fails or commits breach in this regard,
he/she alone is legally liable. The liability also extends to any kind of legal
liability that can be fastened to HOMOEOBAZAAR on account of this reason.
The User shall take steps to
ensure that the provided User information is true and accurate. In case of
untrue/ falsified/ incomplete information, HOMOEOBAZAAR reserves its right to
suspend the account.
The User acknowledges that for
all the commercial payment for availing these services he / she uses only a
legally valid credit card. Under no circumstances, HOMOEOBAZAAR claims any kind
of responsibility in case the User incurs any financial loss emanating from
misuse.
ORDER PLACEMENT (FOR PHARMA
& OTC)
In consonance with the terms
and conditions, the User is entitled to place an Order either through Website
or APP. HOMOEOBAZAAR may guide the User to open the account and place and
facilitate the placement of his/her Order. As per the relevant provision of Drugs
and Cosmetics Act, 1940 (including the Rules) Order can only be placed for
those products which require a valid medical prescription and none other;
(1) When it comes to User,
opens his/her account, and opts for HOMOEOBAZAAR Subscription, he/she may proceed
to place an order for a particular product by uploading the concerned
prescription which is issued by a registered medical practitioner (as per
Medical Council of India Act, 1966).
(2) With a view to confirm the
name and other details about the product, HOMOEOBAZAAR personnel will consult
the User after uploading of the prescription takes place.
In case of illegible
handwriting, HOMOEOBAZAAR may reconfirm from either the User or concerned
registered medical practitioner. However, HOMOEOBAZAAR claims no liability for
any kind of adverse consequences in this regard.
(4) The moment the User uploads
the product details, HOMOEOBAZAAR acknowledges and informs about it either via
email / text message/ phone call.
In case if there are errors in
such uploaded information or being informed by HOMOEOBAZAAR, within 12 hours
the User either takes steps to rectify or requests HOMOEOBAZAAR to rectify such
error.
(6) The User represents and
warrants that he/she shall purchase Products only for bonafide and legitimate
personal use and not for the purpose of re-sale or any other activity not
permissible under applicable laws.
The User warrants that the
uploaded medical prescription was duly issued by a registered medical
practitioner.
The User undertakes not to
present the same prescription for the purpose of procuring drugs when it is
clearly mentioned in such prescription that such prescription of drugs is only
meant for one-time consumption.
In case if there is a limit
mentioned is such prescription (more than one time) the User shall not use it
for more than such limit with a view to procure drugs.
•
The User undertakes not to upload any kind of forged, false tampered,
manipulated medical prescription with a view to place order for such products.
The User shall only avail this service for bonafide, legitimate personal
purposes.
•
In case of any kind of breach of these warranties as mentioned above,
HOMOEOBAZAAR shall not assume any responsibility of whatsoever nature. The User
agrees and acknowledges that he/she will not avail this service for the purpose
of procuring any illegal drugs like Narcotic drugs or Psychotropic substances.
Similarly, the User also acknowledges that the purchase of legal drug, is only
for the legitimate personal use but not for any other commercial use.
(8) As per relevant provision
of Drugs and Cosmetics Act 1940, OTC (Over the Counter Drugs) or
non-prescription based, the Users are entitled to place Orders for the same,
however, HOMOEOBAZAAR has every right to seek any information regarding OTC
Drugs.
(9) The User acknowledges that
HOMOEOBAZAAR is not the manufacturer of the products and more particularly,
endorse to the effect that for any kind of legal liability relating to
manufacture of the product, HOMOEOBAZAAR shoulders no liability at all. The
User further acknowledges the fact that HOMOEOBAZAAR is only an online pharma
retailer and facilitator. Therefore, under no circumstance shall HOMOEOBAZAAR
shoulder any kind of responsibility with regard to the suitability of purpose,
relevance of dosage and product quality.
HEALTH ARTICLES
•
HOMOEOBAZAAR undertakes to provide curated Healthcare information only for the
patients’ use;
•
HOMOEOBAZAAR claims no responsibility for any kind of damages arising out of
the patients using such health curated information;
•
Under no circumstances, the health curated information provided by
HOMOEOBAZAAR, can be construed as either a matter of professional legal /
medical advice.
HEALTH RECORDS
Refer HOMOEOBAZAAR’s Privacy
Policy with regard to Data Privacy;
•
HOMOEOBAZAAR undertakes to put in place, reasonable precautions to keep the
data secure on cloud. However, HOMOEOBAZAAR cannot guarantee precaution in case
of Network hoax or internet threats, etc.
•
The User understands and agrees for data sharing with third party in his / her
best interests.
ANNUAL SUBSCRIPTION PACKAGES
Designated services like
dispensation of medicines, provision of Diagnostic Lab booking, healthcare
records, curated healthcare information and also value added services like
Diabetic Foot Screening, Eye Retinopathy examination, Diet and Nutrition Counselling
will be offered by HOMOEOBAZAAR for those who opt for Annual Subscription,
subject to the following terms and conditions:
Terms and Conditions for the
Subscription:
Homoeobazaar reserves the right
to withdraw the subscription at any point in time due to the occurrence of
circumstances beyond its control such as force majeure, bankruptcy or any other
circumstance whatsoever which prevents it from fulfilling its subscription
The discount provided on
medicines is subject to change in the event that margins for retailers and
stockists are revised or in case of government drug price control action or in
case of any other circumstance whatsoever
The discount on laboratory
testing is subject to change in the event that these rates are revised by the
participating laboratories or in case of any other circumstance whatsoever
In no case whatsoever shall
Homoeobazaar be liable to refund the whole or part of the subscription to the
user in case he/she wants to cancel their subscription or in case Homoeobazaar
is unable to fulfill its obligations because of the circumstances mentioned
above.
In addition, HOMOEOBAZAAR at
its sole discretion, scrap the subscription model;
in the event if the User
commits any breach, cancel the concerned subscription;
•
Subscription once sold cannot be returned;
•
may introduce promotional offers;
•
may change the concerned fee; and
HOMOEOBAZAAR claims no
liability in the event if the sales representative acts in any undesirable and
unwarranted manner.
SHIPPING AND DELIVERY
Not with standing anything
stated in this terms and conditions, the User agrees that either the website
based or APP based sale is deemed to have concluded as and when the sale
invoice is generated by HOMOEOBAZAAR irrespective of the fact that whether such
consignment has been delivered at the User’s location or not;
As soon as the sale invoice
gets generated, HOMOEOBAZAAR undertakes to deliver the products to the location
either by own delivery boy/third party or via any other mode;
Applicable taxes levies and
surcharges shall be applied for such and other transaction;
HOMOEOBAZAAR is entitled to
charge shipping fee which normally depends upon factors like order value etc.;
Normally the turnaround time of
delivery of any product shall be within 6 hours from the time of placing the
Order. However, this is subject to factors like traffic, availability
destination and also other exigencies;
HOMOEOBAZAAR claims no
responsibility of whatsoever nature for any kind of detailed delivery in this
regard;
•
Notwithstanding what has been stated, the User is emphatically advised that in
case of critical or emergency situation, he / she has to procure the product
directly from the retail chemists;
•
HOMOEOBAZAAR may offer emergency deliveries. However, cannot be guaranteed.
In case of any change or
modification of the address, it is the sole and exclusive responsibility of the
User to verify the appropriateness of the address before placing the Order;
In case if the User fails to
correct the address or produce wrong address, HOMOEOBAZAAR is not responsible
to resend the product to the User’s modified address;
It shall be the responsibility
of the User to bring it to the notice of the HOMOEOBAZAAR in case of any
delayed delivery;
When such information is
provided HOMOEOBAZAAR undertakes to inquire into the matter with a view to
elicit the reason for such delay, however, cannot be made liable for any loss
or damage, eventually arising out of such delayed delivery;
All orders for prescription medicines
will be accompanies by a sticker containing the postal details of HOMOEOBAZAAR
in addition to the date on which, the products have been dispensed within.
The User is under an obligation
to put this sticker on the original prescription immediately after receiving
the product;
In the event the sticker is not
received, the User is under an obligation to inform the same to HOMOEOBAZAAR.
RETURN, REFUND AND CANCELLATION
POLICY
In case if the User receives
either inappropriate product or product in a damaged condition, HOMOEOBAZAAR
undertakes to refund the received product price and delivery fee immediately on
return of damaged or inappropriate product to HOMOEOBAZAAR in a satisfactory
condition.
In case, if the User seeks
replacement, HOMOEOBAZAAR undertakes to dispatch the same, however, subject to
availability of the said product at that point of time when the damaged or
inappropriate product is returned to HOMOEOBAZAAR.
The user undertakes to return
the damaged or inappropriate product within 2 days from the date of receipt.
HOMOEOBAZAAR undertakes to process the refund within 7 working days from the
date of receipt of such product.
It is presumed that every
successful order which has been received by the User and in case no
communication is received by HOMOEOBAZAAR within seven days from such delivery,
no further claims of any nature will be entertained.
If the User opts to cancel the
Order owing to the fact that the product is either out of stock or unavailable
or it is not delivered within the stipulated timeline, HOMOEOBAZAAR undertakes
to refund the payment. Such payment shall be completed within 21 working days
from the date of original payment.
Once successful delivery takes
place, HOMOEOBAZAAR is not under any obligation or liability for any delayed
delivery or loss or damage or stolen products. Once the Order has been
delivered or In Transit or Shipped to the User, cancellation of the same
will not be entertained.
HOMOEOBAZAAR is entitled to use
any third party logistic entity for delivering products. All these entities are
independent in terms of their relationship with HOMOEOBAZAAR. In case of any
delay or damage which is attributable to such entity, HOMOEOBAZAAR does not
assume any kind of liability and that User is expected to process his/her
claims against such entity. Under no circumstances, the User shall accept
the delivery of any parcel / packet damaged or visibly tampered wrapper. In
case, if he/she receives the parcel / packet in the said condition, the User
must immediately return request( Return )the
product to the concerned courier and also inform HOMOEOBAZAAR immediately about
the same.
The User is under an obligation
to check the expiry date of the medicines at the time of delivery itself as
once the medicines are delivered and accepted by the User, HOMOEOBAZAAR will
not accept any returns.
REFUND/REPLACEMENT OF
PRODUCTS WILL NOT BE INITIATED IN FOLLOWING CASES;
- If Evaporation/Leakage is below 25%
- If seal is broken.
- Product damaged due
to mishandling or misuse by buyer then Homoeobazaar will not
liable for replacement or refund.
PRICING
HOMOEOBAZAAR is entitled to
introduce promotional offers, concessions, discounts and the like at its sole
and exclusive discretion. HOMOEOBAZAAR is also entitled to terminate such
offers or schemes at any point of time without affording any reason of
whatsoever nature.
The User may opt for either
online payment through Cash on Delivery/Credit/Debit/ Netbanking facility and
other payment gateways as permitted by the Portal. HOMOEOBAZAAR at its
discretion, may allow cash payment as well, however, the charges relating to
delivery may be additional.
HOMOEOBAZAAR undertakes to
initiate measures to keep and publish maximum retail price for all of its
productions correctly and appropriately. In case of any variance between what
is reflected on the website and mentioned in the User’s bill, HOMOEOBAZAAR undertakes
to inform the User about the new MRP when the Order is being processed and
before HOMOEOBAZAAR accepts such Order.
All relevant statutory taxes
and levies shall be added on to the bill by HOMOEOBAZAAR.
INDEMNITY
The User agrees to indemnify,
defend and hold harmless HOMOEOBAZAAR including but not limited to its Vendors,
Officers, Employees and Agents from any loss, liability demand, claims,
damages, demands, costs and expenses (including Attorney Fees and Costs in
connection therewith) asserted against or incurred by HOMOEOBAZAAR that arise
out of, result from, or may be payable by virtue of, any breach or
non-performance of any representation, warranty, covenant or agreement made or
obligation to be performed by the user pursuant to these Terms.
Apart, the User also agrees to
indemnify HOMOEOBAZAAR against any third party claim either relating to the use
of Website or User’s material causing loss to the third party and more
particularly, User’s violation of terms and conditions as such.
Notwithstanding anything to
contrary, HOMOEOBAZAAR's entire liability to You under this Terms or otherwise
shall be the refund of the money charged from You for any specific
voucher/subscription or Product or service, under which the unlikely liability
arises.
The limitations and exclusions
in this section apply to the maximum extent permitted by applicable law.
GOVERNING LAW
These terms and conditions
shall be governed by Laws of Union of India only.
JURISDICTION
Both HOMOEOBAZAAR and the User
agrees that this relationship shall be subject to the exclusive Jurisdiction of
Courts of competent Jurisdiction situated in GHAZIABAD, State of Uttar Pradesh,
India.
REFUSAL OF SERVICE
As a service provider,
HOMOEOBAZAAR reserves its right to refuse service to anyone at any time. In
case the system or the network functioning is adversely affected, HOMOEOBAZAAR
may discontinue its services either temporarily or permanently if the
functioning of the Website or the APP is corrupted by a computer virus, bugs or
any other technical problem. As a User, in case you come across or discover any
computer virus, bugs or technical problem which may corrupt the accuracy or
normal functioning of the Website, you agree to notify HOMOEOBAZAAR
immediately. Homoeobazaar bears no liability whatsoever for any loss or damage
suffered by you due to such a computer virus, bug or any other technical
problem.
LIMITATION OF LIABILITY
It is agreed and endorsed by
both the parties, viz., User and HOMOEOBAZAAR that even in cases of proven
legal liability against HOMOEOBAZAAR, HOMOEOBAZAARs liability will not exceed
the subscription fee or fee paid for services/products by the concerned User.
User cannot recover any other damages including consequential, lost profits,
special, indirect, incidental or exemplary or punitive damages.
IT SECURITY
This Application or Website may
be linked to the website of third parties, affiliates, sponsors and other
business partners. HOMOEOBAZAAR has no control over, and is not liable or
responsible for the content, accuracy, validity, reliability, quality of such
websites as redirected or made available by/through our Website.
HOMOEOBAZAAR assumes no
liability for, any damages caused by viruses, trojans or other forms of malware,
adware & other malicious programs that may infect User's computer system or
User’s account on HOMOEOBAZAAR Website/ the APP and which may have an adverse
impact on User’s experience of browsing the Website or downloading of any
material, data, text, images, video content, or audio content from the Website/
the APP. If a User is dissatisfied with the Website/ the APP, User's sole
remedy is to discontinue using the Website/ the APP.
SEVERABILITY
In the event if any of the
terms and conditions are declared as void by any competent Court of
Jurisdiction, the remaining terms and conditions shall have legal validity and
enforceability.
ELIGIBILITY TO USE OR INVOKE
SERVICES
As the relationship between
HOMOEOBAZAAR and User would be legal and enforceable, consequently, only those
who are eligible to enter into a valid and enforceable contract, as covered
under Indian Contract Act, 1872, are eligible either to use or invoke the
service. However, in case if the User is below 18 years of age, either through
his/her parents or natural guardian, the services can be availed.
ONLINE SECURITY
As a Service Provider,
HOMOEOBAZAAR, in compliance with the applicable mandate as envisaged by the
Information Technology Act, 2000 and pertinent Rules and Notifications has
initiated and put in place all the warranted security measures.
As a User, you shall not either
tamper with the security of the Application or Website or attempt to tamper including,
accessing data not intended to you or logging on to a server or an account
which you are not entitled to access; without proper authorization, probing the
vulnerability of the system or network; indulging in any acts including
overloading, spamming, mail bombing or crashing
It is hereby notified that all
the incidents of violations will be duly investigated and will appropriately be
reported to the concerned Law Enforcement Authorities.
CHANGES OF SERVICE AND
CANCELLATION
On an ongoing basis HOMOEOBAZAAR
takes appropriate steps to improve the services and also takes steps to change
the services at any time. In the process, your service may also be cancelled
and eventually your right to use the service. As a User you are entitled to
cancel the service at any time.
ASSIGNMENT
Under no circumstances, the
User can either assign or transfer any rights to any third party. However,
HOMOEOBAZAAR’s Rights are transferable and assignable in nature.
NOTICES
HOMOEOBAZAAR undertakes to
serve the required Notices either by email or website notification. In case if
any User wishes to send any notice to HOMOEOBAZAAR, the same should be
addressed to care@Homoeobazaar.com
DISCLAIMER OF WARRANTY
HOMOEOBAZAAR provides the
service “as is” and hereby disclaims all warranties, express, implied or
statutory, including, without limitation, any implied warranty of fitness for
particular purpose, merchantability, non-infringement or title, User
acknowledges that HOMOEOBAZAAR has not represented or warranted that the use of
the service will be uninterrupted, error free or without delay. User
acknowledges that HOMOEOBAZAAR has not represented that the service will
prevent all unauthorized use of your software products. User may not rely upon
any representation or warranty respecting the service by any third party,
including, without limitation, representations or warranties by any other
HOMOEOBAZAAR customer or user of the service.
CODE OF CONDUCT
As a User, unconditionally you
agree to be abide by the following Code of Conduct as detailed below:
Specifically, you shall not,
sell, lease, licence, transfer, assign, and distribute the rights over
Website/App; make, transmit, store digitized copies of material duly protected
by Copyright without the permission of Owner; Use or access the Website/App
with a view to build comparative service / product; Modify, adopt, merge or
translate the content or derivative works as uploaded on to the Website/App.
Impersonate any entity / person
•
Upload / share any content which either infringes applicable IP Rights or
privacy concerns of a Third Party;
•
Upload any kind of blasphemous, defamatory, abusive, hate speech with regard to
any individual, entity / community;
•
Indulge in any type of conduct which threatens integrity and security of India;
•
Indulge in any type of conduct which either hamper / disrupt/affects the
functionality of the Website / App and either co-operation or indulge in any
type of conduct which constitutes a criminal offence / facilitate others to
commit a criminal offence.
FORCE MAJEURE
An “event of Force Majeure”
means an event beyond the control of either of the parties to this agreement,
including but not limited to:
1.
Act of God (such as, but not limited to, fires, explosions, earthquakes,
drought, tidal waves and floods);
2.
War, hostilities (whether war be declared or not), invasion, act of foreign
enemies, mobilisation, requisition, or embargo;
3.
Rebellion, revolution, insurrection, or military or usurped power, or civil
war;
4.
Contamination by radio-activity from any nuclear fuel, or from any nuclear
waste from the combustion of nuclear fuel, radio-active toxic explosive, or
other hazardous properties of any explosive nuclear assembly or nuclear
component of such assembly;
5.
Riot, commotion, strikes, go slows, lock outs or disorder, unless solely
restricted to employees of the Supplier or of his Subcontractors; or
6.
Acts or threats of terrorism;
7.
Discontinuation of electricity supply;
8.
Withdrawal of donor from the programme;
Other unforeseeable
circumstances beyond the control of the Parties against which it would have
been unreasonable for the affected party to take precautions and which the
affected party cannot avoid even by using its best efforts.
BREACH OF TERMS AND CONDITIONS
In the event of breach of terms
and conditions, the User understands that HOMOEOBAZAAR is entitled to recover
any kind of compensatory damages in addition to the Attorney fee and related
costs.
TERMINATION
Both HOMOEOBAZAAR and User
agree and endorse that HOMOEOBAZAAR is entitled to terminate this relationship
on the following grounds:
Breach of Terms and Conditions
by the User;
•
Continuance of this business becomes economically unviable;
•
In the event of any technological mishap or onslaught, operations of the
Application or website become unfeasible.
TERMS OF SERVICE
OVERVIEW
This website & Application
Homoeobazaar is operated by AZU ALPENA PRIVATE LIMITED. Throughout the site,
the terms “we”, “us” and “our” refer to Azu Alpena Private Limited.
Azu Alpena Private Limited offers
this website, including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or
purchasing something from us, you engage in our “Service” and agree to be bound
by the following terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which
are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your state
or province of residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms
or viruses or any code of a destructive nature.
A breach or violation of any of
the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse
service to anyone for any reason at any time.
You understand that your
content (not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which
the service is provided, without express written permission by us.
The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 - ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO
THE SERVICE AND PRICES
Prices for our products are
subject to change without notice.
We reserve the right at any
time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you
or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR
SERVICES
Certain products or services
may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to
display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor's display
of any color will be accurate.
We reserve the right, but are
not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the
quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
SECTION 6 - ACCURACY OF BILLING
AND ACCOUNT INFORMATION
We reserve the right to refuse
any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current,
complete and accurate purchase and account information for all purchases made
at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed.
For more detail, please review
our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access
to third-party tools over which we neither monitor nor have any control nor
input.
You acknowledge and agree that
we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools.
Any use by you of optional
tools offered through the site is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future,
offer new services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and
services available via our Service may include materials from third-parties.
Third-party links on this site
may direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy and we do
not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm
or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send
certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation
to, monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments
will not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no responsibility
and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL
INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to
update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent
or warrant that your use of our service will be uninterrupted, timely, secure
or error-free.
We do not warrant that the
results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to
time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your
use of, or inability to use, the service is at your sole risk. The service and
all products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Azu Alpena
Private Limited, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend
and hold harmless AZU ALPENA PRIVATE LIMITED and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision
of these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities
of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise
or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
SECTION 19 - CHANGES TO TERMS
OF SERVICE
You can review the most current
version of the Terms of Service at any time at this page.
We reserve the right, at our
sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT
INFORMATION
Questions about the Terms of
Service should be sent to us at info@Homoeobazaar.com.
COMMUNICATIONS AND
SUBSCRIPTIONS
By virtue of the binding
contractual relationship with HOMOEOBAZAAR, the User consents to receive
communications in the form of either messages or phone calls or emails from Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of India and jurisdiction of GHAZIABAD,
UTTAR PRADESH
SHOMOEOBAZAAR.
In case if the User decides to
retract from receiving such communications, he / she is entitled to unsubscribe
at any time, by visiting www.Homoeobazaar.com
QUESTIONS
If you have any queries about
this terms and conditions/ the terms and conditions to the Agreement or any
complaints / comments, you may send an email to info@Homoeobazaar.com .