Naturomeds PROVIDES VARIOUS SERVICES TO ITS USERS WHICH ARE DETAILED ON THE WEBSITE ‘www.domain.ext’ (HEREINAFTER REFERRED TO AS THE ‘SERVICES’)
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE (THE "WEB SITE") AND THE SERVICES AND GOODS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE (COLLECTIVELY, THE "SERVICE"). IT EXEMPTS THE COMPANY (THE "COMPANY") AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE SERVICE, YOU MAY NOT USE THE SERVICE.
EACH TIME YOU USE THE SERVICE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND, IF THE AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO THE WEB SITE, REVIEW THIS NEW VERSION OF THE AGREEMENT.
This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using Naturomeds's services ("User"), and ‘Naturomeds’ ("Company").
The User acknowledges that Registration Data is to be stored with the Company. The Company agrees not to contact the User if the User informs the Company of the User's preference to not be contacted. The Company shall endeavour to restrict third parties from contacting the User, and shall not provide or disclose User’s Registration Data to any third party, without express authorization of the User.
The User agrees that the Company, or an authorized official of the Company may disclose Registration Data to third parties about the User as well as information about the User's use of the Services, provided that such disclosures do not include the User's name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) the User has authorized Company and to disclose such information; (b) such disclosure is required by law or legal process; or (c) the User violates any of the terms set forth in Section 7 below.
This Agreement includes the terms and conditions of the Company's Privacy Policy, details of which are available on the website, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.
The System may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The System may not be used by individuals who have had their Web Site membership or account terminated or by individuals in jurisdictions where the System, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the System is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. The Company reserves the right to limit the availability of the Service and/or the provision of any service, program, film, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that the Company provides. VOID WHERE PROHIBITED.
All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service and any use of the Service by any person using your user ID. All amounts appearing on the Web Site are quoted in US dollars.
The Company endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, the Company reserves the right to change the prices, fees and charges associated with the Service, including any goods and services available through the Service, at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, the Company cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. The Company also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed at the time of your order, the Company will provide you with an opportunity to cancel your order. If you order goods or services that are not available, the Company will notify you by email. The Company reserves the right to limit quantities licensed or sold.
Your order shall be deemed to be accepted only if and when the Web Site sends an order acceptance and shipping notice email to your email address. You may not cancel an order after the Company has sent an order acceptance and shipping notice email to you. If you wish to cancel an order that has not yet been accepted, you may request a cancellation by sending an email to the webmaster. However, the Web Site may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
If any payment due is not made by you, the Company may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your access to and use of the Service, or (b) terminate this Agreement and your access to and the use of the Service. If legal action is necessary to collect fees or charges due from you, then you will reimburse the Company for all expenses incurred in collecting the fees and charges, including all lawyers fees and other legal expenses.
4. CLIENT CONFIRMATION
The “Client” confirms that:
The Client releases and discharges The Providers, and all of their officers and directors, agents, and employees from any and all liability, claims or causes of action with respect of the use or application of the Ordered Product by the Client, including, but not limited to undesired side effects.
The Client agrees that child protective packaging may not be used by the Providers, unless requested by the client, and the Client releases and discharges the Providers and all of their officers and directors, agents and employees from any and all causes of action with respect errors or omissions by the company or agency responsible for transporting the Ordered Product to the Client.
The client confirms that he u8nderstands that these products are herbal supplements and not medicines.They are not meant to treat,cure,diagnose or prevent any disease and any statement on the label or site is not reviewed by the fda since they constitute herbal food supplements
The Client grants Limited Power of Attorney to the Providers, for the limited purpose of signing any documents as required by the laws of the India, which are necessary to permit the delivery of the Ordered Product to the Client, in the same manner as the Client could, if the Client had personally attended at the Providers place of business in India. The Client attorns to the jurisdiction of Delhi (India) and agrees that any dispute that arises between the Client and the Providers shall be heard by the courts in Delhi (India). The Provider and Client hereby submit to the jurisdiction of Delhi and agree that any dispute shall be heard by the Courts in Delhi (India), including, but not limited to any claims of negligence and/or malpractice. Further, the Client agrees that the laws of Delhi (India) shall apply in such a proceeding, agrees to these provisions on the basis that the Client understands that he/she is actively doing business in Delhi (India) pursuant to the laws, policies and privileges of Indian law including but not limited to the laws of Delhi (India) and that the Client is benefiting from such laws, policies and privileges by participating in this program. The clients acknowledges that Delhi shall have sole and exclusive jurisdiction over any such dispute
The Client acknowledges that the Ordered Product may not be returned for a refund or an exchange.
You grant to the Web Site and its service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use such Materials (in whole or in part) in connection with the Service, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person, and free from any obligation of confidence or other duties on the part of the Web Site or its service providers;
You grant to all members and other Service users permission to access, view, store, copy, reproduce, distribute, transmit, display, perform, and reproduce such Materials (in whole or in part) in any of the ways facilitated or provided by the Service; and
You represent and warrant to the Company and its service providers and all members and other Service users that (i) their use of the Materials does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any laws and (ii) you have all the rights necessary to grant all rights and licenses set forth above.
You also grant to the Web Site and its service providers the right to use your name in connection with the Materials.
LAWFUL USE: Your use of the Service must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Service from locations where the Service may be illegal is prohibited.
NON-COMMERCIAL USE: The Service may be used by you only for personal, non-commercial purposes and must not be used in connection with any commercial activities, including: (a) selling or offering to sell any goods or services, including reselling the Service; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (e) soliciting for donations; or (f) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
SECURITY AND PERFORMANCE: The Service must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with
the proper working of the Service or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
OTHER PERSON'S RIGHTS: Your use of the Service must not infringe the legal rights of any other person (including privacy and personality rights, copyright, trade-mark, trade secret, patent, moral rights, and other proprietary rights).
NO DATA COLLECTION: Your use of the Service must not involve any data matching or data mining, including without limitation the collection or use of information about other members and other users (including their email addresses) without their expressed consent.
Uses that may violate the General Use Rules set forth above.
Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. This prohibition extends to the posting of any Materials that depict, encourage, indicate, advocate or tend to incite any such conduct.
Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
Uses that may dilute or depreciate the name and reputation of the Company and its affiliates or associates.
Uses that modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site or the software underlying or offered on the Web Site, or that delete, obscure or modify any proprietary notice contained on the Web Site;
Uses that "frame" or "mirror" any part of the Web Site without the Company's prior written authorization;
Uses that interfere with other persons' use and enjoyment of the Service or of the Internet generally.
Uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of the Service or that may otherwise or result in:
the circumvention or breach of any user authentication, password, security or control measures regarding the Service or any other Internet resource or computer system;
unauthorized access to other persons' accounts and Materials (including Materials posted to the Service) or interference with their use and enjoyment of the Service.
Uses that conceal or misrepresent the author or origin of any message or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Company representative.
Uses that contain, hyperlink to or otherwise disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's permission.
The uploading, posting or transmission to the Service of any of the following Materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally:
Materials that contain links to other sites or Internet resources;
Executable programs or audio and video recordings;
Materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Service or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and
Materials that are encrypted.
Although Naturomeds endeavors to provide accurate, up to date and truthful information on this site neither Naturomeds nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials and products included and available from this site.
Naturomeds, its employees, agents and associates will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or the information contained hereon, including but not limited to direct, indirect, incidental, punitive and consequential damage.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE WEB SITE'S CONTROL. THE OPERATION OF THE SERVICE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE.
THE WEB SITE AND ITS SERVICE PROVIDERS ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ITS MEMBERS OR OTHER USERS OF THE SERVICE. THE WEB SITE AND ITS SERVICE PROVIDERS DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE WEB SITE AND RELATED SERVICES.
THE WEB SITE AND ITS SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE WEB SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES , OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE WEB SITE AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WEB SITE AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
-THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
-THE SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
-THE SERVICE, THE INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE OR THE INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
-THE COMPANY WILL MONITOR THE WEB SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO THE WEB SITE OR ANY COMPONENT THEREOF;
-THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
-THE USE OF THE SERVICE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE WEB SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
-THE USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
-THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT BE MISUSED BY ANY OTHER PERSON;
AND THE WEB SITE AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
<!--[if !supportLists]--><!--[endif]-->THE WEB SITE AND ITS SERVICE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR ITS SERVICE PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS RESPONSIBLE, AND NOTWITHSTANDING THAT THE COMPANY OR ITS SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL THE COMPANY AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER THE COMPANY OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING $25 (USD) OR THE PRO-RATED AMOUNT YOU PAID TO THE COMPANY FOR THE USES OF THE SERVICE WHICH ARE THE SUBJECT OF THE CLAIM, WHICHEVER IS LESS.
-YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
-YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH USE OF THE SERVICE BY YOU. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
-ADVICE AND INFORMATION PROVIDED BY THE COMPANY OR ITS SERVICES PROVIDERS OR THEIR REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by law in some jurisdictions. Such legal limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
You may not change, supplement, or amend this Agreement in any manner. The Company may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Service from time to time, for any reason, and without any prior notice or liability to you or any other person. (If you do not agree to a change, you must terminate your membership as addressed below.) If you wish to be notified by e-mail of any changes in our terms of use send an e-mail to: service@naturomeds.com
