1. WELCOME TO THE AYURVEDA EXPERIENCE.
1.1. Thank you for using www.theayurvedaexperience.com (the “Website”). The Website is an online platform and marketplace that (i) facilitates the online sale and purchase of Ayurvedic products offered by various merchantbrands or companies(the “Vendors”) and (ii) provides educational material on Ayurvedic treatments and other lifestyle programs which suggest healthy life practices (collectively the “Services”).
1.2. The Website and the Services are provided by Transformative Learning Solutions Private Limited, a company incorporated under the Indian Companies Act, 1956,having its registered office at 3, Ring Road, Lajpat Nagar-4, New Delhi, Delhi, India- 110024 (the “Company”).
2. MODIFICATIONOF THE SERVICES.
2.1. We provide the Services using a commercially reasonable level of skill and care and we hope that you enjoy using them. In our endeavour to cater to your needs in the most effective manner, we constantly improve our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
2.2. We may modify these Terms or any additional terms that apply to a Service to reflect changes to the law or changes to the Services. You should look at theseTerms time to time. Changes addressing new functions for a Service or changes made for legal reasons shall be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
3. PAYMENT TERMS.
Registration on the Website and the information is free. The Company does not charge any fee for browsing the Website. Except for the products that are sold by the Company, the user agrees to make all payments directly to the respective Vendor for purchase of products sold by the Vendor from such Vendor through such mechanism as provided on the Website. In case of an online payment for such products, the Company is merely facilitating the transaction by collecting the payment from you on behalf of the concerned Vendor and transferring the same to the Vendor. The Company is not responsible for any loss or damage caused to user during this process as these third parties are beyond the control of the Company. The Vendor may appoint collection agents for the collection of payments from the buyers. The Company shall not be responsible for any act or omission on the part of such collection agents as the Company exercises no control over such third parties. For the products that are offered for sale by the Company, the payments shall be made directly to the Company as per the mechanism prescribed in the Website.
4. ACCESS TO THE WEBSITE.
These Terms govern your behaviour on the Website and set forth your obligations. You agree and confirm to the following responsibilities:
a. You shall comply with all the obligations set forth in these Terms.
b. You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws, statutes, by-laws, acts of legislature or parliament, rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the Website.
c. You shall provide us with only such information that is true and accurate to the best of your knowledge.
d. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any materials or content posted on the Website, whether in the form of text, images, audio, video, or audio-visual clips, or in any other form (the “Content”).
4.1. ACCOUNTS AND REGISTRATION. Some features or sections of the Website may only be accessible to registered users, who have created accounts and registered on the relevant portions of the Website.It is a condition of your use of the Website and the Services that all the information you provide shall be correct, current, and complete. If the Company believes that the information you provide is not correct, current, or complete, it has the right to refuse your access to the Website, the Services, or any of its resources, and to terminate or suspend your access at any time, without notice.
You agree and confirm to the following:
4.1.1. You may register for an account on the Website by completing and submitting the account registration form on the Website and you must not allow any other person to use your account to access the Website.
4.1.2. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
4.1.4. You must keep your password confidential.You must notify us in writing immediately if you become aware of any disclosure of your password.
4.2. You represent and warrant that if you are an individual, (i) you are over eighteen years of age, and (ii) you are of age as required to enter into a binding contract as is prescribed under the laws of the country in which you reside, or (iii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance.
4.3. If we change the eligibility criteria to be registered with the Website and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.
4.4. If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at firstname.lastname@example.org. We are not liable for any losses or other consequences of unauthorised use of your account.
5. RESTRICTIONS ON USE.
5.1. The Website is provided solely for non-commercial and personal use of the User. You may not use the Website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorise any other party to): (i) co-brand the Website, or (ii) frame the Website, without the express prior written permission of an authorized representative of the Company.
6.1. Whenever you make use of a feature that allows you to upload Content to the Website, or to make contact with other users of the Website, you must comply with our content standards. You warrant that any such Content added by you complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.
6.2. You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through the Website (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
6.3. Any Content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us [and other users of the Website] a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
6.5. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
6.6. We may exercise our discretion to remove, and you may not post, send, submit, publish, or transmit in connection with the Website, any material that:
a. you do not have the right to post, including proprietary material of any third party;
b. advocates illegal activity or discusses an intent to commit an illegal act;
c. is vulgar, obscene, pornographic, or indecent;
d. does not pertain directly to the Site;
e. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
f. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
g. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
h. violates any law or may be considered to violate any law;
i. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
j. advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
k. solicits funds, advertisers or sponsors;
l. includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
m. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
n. includes MP3 format files;
o. amounts to a ‘pyramid’ or similar scheme;
p. disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Site; or
q. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
7. MOBILE SERVICES.
7.1. We may make available software to access the Site, and the products and services furnished on the Website via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charge. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use.
7.2. You may not:
7.2.1. modify, disassemble, decompile or reverse engineer the Mobile Software;
7.2.2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
7.2.3. make any copies of the Mobile Software;
7.2.4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
7.2.5. delete the copyright and other proprietary rights notices on the Mobile Software.
7.4. The Mobile Software originates in the Republic of India, and is subject to Indian laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws as well as applicable international law and treaties, if any, related to use of the Mobile Software and any related services.
8. INTERACTIVE SERVICES.
8.1. We may from time to time provide interactive services on the Website, including, without limitation:
- Chat rooms
- Bulletin boards
8.2. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.
8.3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
9. ELECTRONIC COMMUNICATIONS.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email email@example.com/
10. PROPRIETARY INFORMATION.
10.1. TRADEMARKS. The material and Content accessible from the Website, and any other World Wide Websiteowned, operated, licensed, or controlled by the Company is the proprietary information of the Company or the party that provided the Content to the Company, and the Company or the party that provided the Content to the Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of the Company.
10.2. COPYRIGHTS. The Website and its Content are protected by applicablecopyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing the Websiteas an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
10.4. DOWNLOADING MATERIAL. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet shall be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
11.1. The Ayurveda Experience is a lifestyle program that suggests healthy life practices and a natural lifestyle for a happier life.Information on the Website is for educational purposes and does not intend to substitute for the advice provided by a medical professional. We recommend not using any information contained herein to diagnose/ treat a disease or health problem, or to prescribe any medication.
11.2. Ayurvedic and herbal products, though characterized as medicines, are dietary/ nutritional supplements which support the human body through their natural benefits. No claim can be made on dietary products, nutritional supplements or any other product listed on the Website. This situation may vary depending on the User’s place of residence. You are, therefore, advised to evaluate the laws applicable to you or consult your legal advisor prior to using the Services.
11.3. We do not recommend taking any Ayurvedic medicines, herbs, or any other productlisted on the Website without consulting a certified Ayurvedic practitioner, or if required, a certified medical practitioner, regarding any questions you may have concerning the suitability of any products offered for sale by the Vendors on the Website, in light of your individual needs and medical conditions. We do not endorse any brand or company selling or marketing edible substances or other products in conjunction with our products, or otherwise.
11.4. We endeavour to select and sell products by reputable brand names only, and exercise diligence to present correct and appropriate information about the products for sale. While we do our best to ensure that product- related information is accurate, on certain occasions the actual product packaging and materials may contain more and/or different information than what is shown here. We advise reading directions, labels and warnings before using or consuming a product. In any circumstances, we are not responsible for any statements or claims that manufacturers may make about their products whatsoever.
11.5. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration or any other regulatory authority, and are not intended to diagnose, treat, cure, or prevent any disease.
11.6. The buyer agrees that the Company’s role is limited to managing the Website for the display of the products and other incidental services to facilitate the transactions between the Vendors and the buyers. Accordingly, the Company is merely an intermediary and the Website is only a platform where the Vendor may offer its products for sale. The Company shall have no liability under any laws/regulation that applies or may apply in relation to the products that are listed on the Website
11.7. The contract for sale of any of the products available on the Website shall be a strictly bipartite contract between the Vendor and the buyerThe Company does not at any point of time during any transaction between the buyer and the Vendor on Website gain title to or have any rights or claims over the goods or services offered by the Vendor to the buyer. The Company is not responsible for non-performance or unsatisfactory or breach of contract or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Vendor. We do not guarantee that the concerned Vendor will perform any transaction concluded on the Website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the buyers and Vendors.
12.1. Other than as expressly set out in these Terms or additional terms, neither the Company, nor its affiliates, successors-in-interest and permitted assigns make any specific promises about the Services. We do not make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is” and “as available”.
12.2. The Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the Services or any contents thereof. The Company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the Services, the Content and any product or service furnished or to be furnished via the site.
12.3. The Company does not warrant that the functions performed by the Website or the Services will be uninterrupted, timely, secure or error-free, or that defects in the Website or the Services will be corrected. The Company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The Site, the Services and the content are provided on an “as is” and “as available” basis.
13. LIMITATION ON LIABILITY.
13.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it including any information related to the products listed on the Website or the Website itself or Services, whether express or implied.
13.2. We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. use of, or inability to use, the Website;
b. use of or reliance on any content displayed on the Website; or
c. use of the products or services provided through the Website.
13.3. If you are a business user, please note that in particular, we will not be liable for:
a. loss of profits, sales, business, business opportunity or revenue;
b. business interruption;
c. loss of anticipated savings; or
d. loss of business opportunity, goodwill or reputation.
13.4. In no event shall the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to the Company for the applicable product or service out of which the liability arose.
14.2. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith.
14.3. You shall also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.
15. RELEASE AND WAIVER.
15.1. To the maximum extent permitted by laws applicable, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our Website, its Services, content or use of the products. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
15.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We reserve the right to refuse to continue providing you with access to this Website if we discover that you are incompetent to contract by virtue of your age or otherwise under applicable law. This Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Website from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws.
17. WEBSITE SECURITY.
17.2. By accepting this agreement you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.
17.3. This website stores all data with the Amazon and Vultr provided by Amazon.com Inc. and Vultr Holding LLCPlatformrespectively, has security measures in place to protect the loss, misuse and alteration of the information. These measures adopted by the Amazon and Vultr Platform and certain additional measures adopted by us are detailed in the Manual of Data Security Practices and Procedureshttps://aws.amazon.com/security/?nc1=f_cc and https://www.vultr.com/.You acknowledge you have reviewed and understood the Manual of Data Security Practices and Procedures and that these are reasonable security practices and procedures that are commensurate with the information assets being protected. You also acknowledge that the standards followed by the Amazon and Vultr Platformare not within control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards, practices and policies adopted by the Amazon and Vultr Platform to confirm that there are no changes that you are not comfortable with.s
18.1. GOVERNING LAW. Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of New Delhi shall have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.
19. CONTACT US.
For general enquires, complaints and/or giving any feedback, please email to firstname.lastname@example.org
In case you do not want to continue using our Services and want to deactivate your account with us, please contact us at email@example.com
If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at firstname.lastname@example.org(“Opt-out Request”). You agree that you are not entitled to use this Website or the Services unless your Opt-out Request is accepted by us in writing.