Terms & Conditions
By accessing or using the Website, or any of our services, you agree that you have read, understood and are bound by these terms and conditions (“Terms”) without any recourse or liability to us.
The following words and terms, whenever used in this Agreement, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below.
“Applicable Law” means treaties, conventions, statutes, laws, legal requirements, rules, regulations, ordinances, codes, judgments, injunctions, orders or other requirements of any Governmental Authority; all being of the Republic of India.
“Bulk Order” shall mean any order negotiated directly with Adret Baidyanath Pvt. Ltd. for the purchase of goods.
“Company” or “Us” or “We”, shall mean and include Adret Baidyanath Pvt. Ltd., its Offices, Officers, Directors, Owners, Administrator, Independent Contractors, Employees, Agents or affiliates.
“Products” means the branded lifestyle and medicinal products that are marketed and sold on the Website.
“Services” means the services provided by the Website to the Users in respect of the Products.
“User” and “Users” shall mean and include a registered user, unregistered user, and any other user of the Website.
“Website” means the website having the URL address as www.Baidyanath.com and all subdomains
2.1. The words “hereof”, “herein” and “hereunder” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms.
2.2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
2.3. The headings to clauses, sub-clauses and paragraphs of these Terms shall only serve the purpose of easier orientation and shall not affect the contents and interpretation of these Terms.
2.4. Reference to days, months and years are to English calendar days, calendar months and calendar years, respectively.
2.5. Any reference to “writing” shall include printing, typing, lithography, an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder as applicable, and other means of reproducing words in a visible form.
2.6. The words “include” and “including” are to be construed without limitation.
2.7. The words “Your” or “your” or “You” or “you”, when used in this Agreement, shall refer to and mean “User” or “Users”, as the case may be.
3. Use of the Website; Registration; Account Security
3.1. Only those persons who are competent to contract under the Indian Contract Act, 1872 are entitled to access the contents of the Website. If we discover that the person accessing the Website is under the legal age of 18 years, then we reserve the right to refuse the access to the Website or provision of the Services to such person.
3.2. By using and accessing the Website, the User hereby irrevocably declares and represents that he is of legal age, that is, 18 years or older and competent to contract under the Indian Contract Act, 1872.
3.3. On visiting the Website, the User will have the option to register and create an account on the Website, or to continue using the Website as a guest. However, the User who is accessing the Website as a guest will not be able to avail of all the Services that are provided by us, such as consultations, promotional offers, and discounts that are offered on the Products.
3.4. If you wish to register with the Website, then you will be required to create an account on the Website by filling out a registration form online. Upon successful registration, you will receive user ID and password for accessing your account. You shall be solely responsible for the confidentiality of your password and account, and hereby agree to do all such acts, deeds, matters, and things that may be necessary in respect thereof. Accordingly, if there is any unauthorized use of your account on the Website, or any other breach of security, then you shall notify the Website of the same.
3.6. The Company reserves, at its sole discretion, the right to refuse any User to access the Website or avail any Services, without assigning any reason.
3.7. The Company also reserves, at its sole discretion, the right to block any User from creation of any User account, or block any User registered on the Website from accessing the Website or Services, without assigning any reason.
3.8. User hereby declares and verifies that all information provided by the User is true, accurate and genuine. User hereby agrees that in case any information provided by the User is not true or accurate or genuine or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, then the Company shall have the right to indefinitely suspend or terminate or block access of User’s account on the Website.
4.1. The Website is an online e-commerce portal that merely facilitates the sale and purchase of the Products by allowing Sellers to advertise and sell their respective Products to Users of the Website. The sale of the Products on and through the Website shall always be on a principal-to-principal basis between you and the Sellers, and the Company shall have no liability or obligation whatsoever in respect thereof.
4.2. You hereby agree to furnish on the Website all such information that may be required by us from time to time and/or which may be necessary under the Applicable Laws to facilitate the sale and delivery of the Products on and through the Website.
4.3. Nothing contained or displayed on the Website shall be, or in any manner deemed to be a, a representation or warranty or guarantee furnished by us in relation to the Products, including their quality, durability, effectiveness, etc. and the Company shall not be, or in any manner deemed to be, liable in respect thereof. Such information displayed on the Website is mainly provided by the Sellers, and the Company makes no representation or warranty towards the accuracy or genuineness towards the same. The Company further makes no representation or gives any warranty or condition either express or implied with regard to any other information or Services available on the Website.
4.4. You agree, accept and acknowledge that the Company displays on the Website all the information relating to the Products, including but not limited to the description of the Products, the composition thereof, the instructions for use of such Products, the manufacturing and expiration date of the Products, etc. as may be made available and provided to the Company by the Sellers, and the Company shall have no liability or obligation in respect thereof. Accordingly, in the event of any such information being untrue, incorrect, incomplete, misleading or fraudulent, any claims by the Users shall lie against the respective Sellers, and the Company shall not be liable in any manner whatsoever.
4.5. The Products are listed on the Website on an “as available” basis, and the Company will update, from time to time, information relating to the availability of the Products.
4.6. You agree and undertake that the Products which you shall order from the Website shall be solely used for your personal use only and shall not be sold commercially. The Company reserves, at its sole discretion, the right to cancel any order placed by any User on the Website if it determines, in its sole and absolute discretion, that such an order is a Bulk Order and might be used for purposes other than personal use.
5.1. Prices for the respective Products are set out on the Website, and are incorporated into these Terms by reference. The prices of the Products are subject to change without any prior notice, and at the sole discretion of the Website and the Sellers. The Company shall not be liable for any claims or liabilities arising in respect of such revision of prices.
5.2. In respect of payment for any Product/s that are ordered on the Website, the User will have the option to make such payments by either credit card, debit card, net banking or on a ‘cash on delivery’ basis. If the Products are purchased on a ‘cash on delivery’ basis, then the Logistics Partner may charge certain nominal fees in respect thereof in addition to price of Product.
5.3. Upon initiating a transaction for purchase of any Product/s through credit card or debit card or net banking, the User will be directed to a secure payment gateway for making payment for the Products. In this regard, the Company may enter into agreements with third-party payment gateway aggregators, and nodal banks for the purpose of collection, remittance and retention of the payments made by the User.
5.4. In respect of the payment mechanisms offered on the Website, and your use thereof, the Company shall not be liable in any manner for any loss or damage that may be caused to you on account of any issues arising out of the transaction and/or the payment mechanism, including any interruption or cancellation thereof, for any reasons whatsoever.
6. Shipping and Delivery
6.1. Shipping and Delivery of the Products that are ordered on the Website shall be undertaken by the Website through their logistics partner or by the individual Sellers of the respective Products. The delivery charges in respect thereof will be reflected in the final statement of payments that are to be made by the User in respect of the Products.
6.2. The User shall be notified of the estimated time of delivery of the Products. In case of delay, the Website may, at its sole discretion, inform the User of the same; provided that the Company shall not be liable for any loss or damage caused to the User on account of such delay.
6.3. The Website maintains a strict no return policy. Accordingly, the Company shall not accept any return requests from Users in respect of any Products that are sold and delivered.
6.4. If any of the Products are damaged during transit, or if the expiry date in respect of any of the Products has already passed as on the date of delivery thereof, or there are any other defects in the Products, then such Products may be returned to the Website for replacement, whereupon we shall notify the Seller of such replacement request. The Sellers shall thereafter be liable to process such replacement request in respect of the Products. It is clarified that any claims relating to such replacement requests shall be the sole liability of the Sellers without any liability or recourse to the Company and/or the Website in any manner whatsoever in respect thereof.
7. Intellectual Property Rights
7.1. The Website is controlled and operated by the Company, and all the Company’s Intellectual Property solely and exclusively belongs to and is owned by the Company.
7.2. Any redistribution, modification or reproduction of part or all of the contents featured in the Website in any form is prohibited and actionable. You are not permitted to distribute or commercially exploit the Company’s Intellectual Property. Nothing in these Terms grants the User any right in respect of Company’s Intellectual Property.
7.3. These Terms permit you to use the Website only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s Intellectual Property except as generally and ordinarily permitted through the Website according to these Terms. You must not access or use, for any commercial purposes, any part of the Website or materials available through the Website, except allowed under these Terms.
User undertakes to indemnify, defend and hold harmless the Company and its officers, directors, owners, administrator, independent contractors, subsidiaries, licensors, suppliers, employees, agents and affiliates for and from any loss, claim, actions, demands, liabilities and settlements, including lawyer’s fees, fees of third parties, etc., by reason of, in any way relating to, or arising out of User’s violation of these Terms, or any conduct of the User or any other person operating for and on behalf of the User. The User further undertakes to indemnify & hold harmless, the Company against any judgment, proceedings, liability or cost resulting from or arising out of use of the Website or information/data provided on the Website or Services provided by the Company, by the User.
9. Limitation Of Liability
9.1. This paragraph shall apply to all content and functionality of the Company, Website, and Services.
9.2. Under no circumstances, including negligence, shall the Company including or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise that result from the use of or inability to use the Website, Services, Products or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Website or Services.
9.3. Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the sum of Rs. 200. Such limitations shall apply to the Company’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
9.4. The Company shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Website or Services.
10. Third Part Website Links
10.1. The Company reserves the rights to display sponsored advertisements or third party advertisements on the Website (“Sponsored Links”). Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in the Sponsored Links. The Company does not encourage the Users to visit the Sponsored Links page or to avail any services from them. The Company will not be liable for the services of the providers of the Sponsored Links. Your dealings with, or participation in promotions of, advertisers other than Company found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Company shall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
10.2. Further, the Company shall not be responsible nor liable for any consequential damages arising on account of you relying on the contents of these advertisements.
11. Rules of Conduct
11.1. You agree and undertake that while on the Website, you shall ensure that your use of the Website does not cause the Website, or the access to it to be interrupted, or damaged in any manner, and shall undertake all necessary actions, deeds, matters and things in respect thereof. Accordingly, you agree that while on the Website, you shall not:
- 11.1.1. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- 11.1.2. publish or share, without necessary consents in respect thereof, any content on the Website that is protected by intellectual property;
- 11.1.3. violate any Applicable Laws and/or these Terms;
- 11.1.4. defame, harass, stalk or threaten any person or violate the legal rights of any person;
11.2. While using the Website, the User shall not host, display, upload, modify, publish, transmit, update or share any information that:
- 11.2.1. belongs to another person and to which the User does not have any right to;
- 11.2.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- 11.2.3. harm minors in any way;
- 11.2.4. infringes any patent, trademark, copyright or other proprietary rights;
- 11.2.5. violates any law for the time being in force;
- 11.2.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 11.2.7. impersonate another person;
- 11.2.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 11.2.9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
11.3. the Company, upon obtaining knowledge by itself or any third party of any of the above acts by a User, then it shall be entitled to remove or disable access to the material or information that is in contravention of this Agreement and to immediately terminate the access or usage rights of the User to the Website.
12. Governing Law and Dispute Resolution
12.1. User agrees that these Terms and any contractual relationship arising out of the Terms or use of the Website or Services, shall be governed by and construed solely and exclusively in accordance with the laws of the Republic of India, and the courts at [•] shall have exclusive jurisdiction.
12.2. Any disputes or differences arising under and in pursuance of these Terms and/or the Services shall be referred to the arbitration of a sole arbitrator to be jointly appointed by the Parties. If the Parties do not agree to the appointment of a sole arbitrator by the expiry of fifteen days from the date a Party has notified, in writing, the other Party of the existence of a dispute or difference, then the Hon’ble [•] High Court shall appoint such sole arbitrator. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification, or re-enactment thereof, or any statute enacted to replace the same in force from time to time. The arbitration proceedings shall be held in English language and shall be held at [•]. The sole arbitrator shall have summary powers and be entitled to give interim directions and awards from time to time. The cost of the arbitration proceedings shall be borne by the Parties in equal shares.
13.1. The Company reserves the right, at its sole discretion, to change, modify, add or remove any part of the Website or portions of these Terms at any time without any prior written notice to the User, and any such change, modification, addition or removal (“Modifications”) shall be considered as part and parcel of these Terms. It is User’s responsibility to review these Terms periodically for updates/changes. User’s continued use of the Website following the Modifications will mean that the User accepts and agrees to the Modifications.
13.2. Except as expressly set out in these Terms, all warranties, representations, terms, conditions or undertakings whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.
13.3. Should any provision or any part of any provision of these Terms be rendered void, invalid or unenforceable by any Court of law or statutory or concerned authorities having jurisdiction, for any reason, then such invalidity or unenforceability shall not render invalid or unenforceable any other provision or part of a provision in these Terms;
13.4. The failure or delay of the Company to insist upon strict performance of any of the terms or provisions of these Terms, or to exercise any option, right or remedy contained in these Terms, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue and remain in full force and effect.
13.5. You hereby agree that the Company may assign these Terms along with the Company, Website and Services at any time at its sole discretion, without the requirement of any consent from the User and the User also waives the right of any such requirement of consent, to any parent, subsidiary or affiliated company, or as part of the sale to, merger with, or other transfer or license of any kind, of the Company to another entity(s); and any such assignee or transferee or licensee shall automatically step in to the shoes of the Company for the purpose of these Terms.
13.6. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.