Terms &
Conditions
The
mobile application Homoeobazaar and website www.Homoeobazaar.com is owned and
operated by MANU HOMOEO STORE, 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 MANU HOMOEO STORE . 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
Notwithstanding
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
21 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 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 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 MANU HOMOEO STORE.
Throughout the site, the terms “we”, “us” and “our” refer to MANU HOMOEO STORE.
MANU
HOMOEO STORE 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 MANU HOMOEO STORE, 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 MANU HOMOEO STORE 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).
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
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 care@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 HOMOEOBAZAAR.
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
.