Terms & Conditions

Introduction

This electronic document is considered a record under the Information Technology Act, 2000 and its associated regulations. It's generated by a computer system and doesn't require physical or digital signatures. The publication of this document adheres to Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the disclosure of rules, regulations, privacy policies, and terms of use for accessing or using this website or mobile application.

The domain names www.ayurdx.com and www.ayurdx.in (hereafter referred to as the "Website") are the property of Ayur Dx Wellness Innovations, a proprietorship company, with its office at 307 C Block, SMD Altezz, Junior College Road, Kumbena Agrahara, Kadugodi - 560067 ("Ayur Dx"). The Website serves as a platform for selling Ayurveda-based products related to women's health, wellness, gynecological products, and overall health services ("Products"), Online doctor Consultations primarily to customers across India. Ayur Dx may, at its discretion, also provide services to customers outside India on a case-by-case basis.

Ayur Dx reserves the right to change, modify, add, or remove any or all of these Terms of Use ("Terms") at its discretion, without prior written notice. It's your responsibility to review these Terms periodically for updates and changes. By continuing to use the Website after such changes are posted, you indicate your acceptance and agreement to the revised terms. Ayur Dx grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website as long as you comply with these Terms.

Acceptance of Terms:

• Please read these Terms carefully. By accessing, browsing, or otherwise using the Website, you agree to these Terms and form a legally binding contract with Ayur Dx. You must agree to these Terms in order to use the Website.

• If you do not accept these Terms or cannot be legally bound by them, you may not use the Website. Your use of the Website is governed by these Terms, including the applicable policies incorporated herein by reference. By accepting these Terms, you also accept and agree to be bound by all of Ayur Dx's policies, including its privacy policy ("Privacy Policy"), as amended from time to time.

• As a condition of accessing and using the Website, you agree to comply with all applicable laws and regulations.

Membership Eligibility

The use of the Website is restricted to individuals who can legally enter into contracts as per the Indian Contract Act, 1872. Individuals considered "incompetent to contract" under the Indian Contract Act, 1872, including minors, undischarged insolvents, and individuals of unsound mind, are not permitted to use the Website. Individuals under the age of 18 are prohibited from registering on or using the Website. If a minor wishes to use or transact on the Website, such actions must be carried out by their legal guardian or parents. Ayur Dx reserves the right to terminate the membership of any individual and/or deny them access to the Website if it becomes evident that they are ineligible to use it.

Account and Registration Obligations

• The Website offers limited and restricted access to services for unregistered users.

• To utilize the Website, as part of the registration process, you must create an account ("Account"). This can be achieved by signing up through Facebook or Google or by providing your name, email address, and password.

• When registering with Ayur Dx for Website usage, you must not:

• Create an Account for anyone other than yourself without their prior permission.
• Use an Account name with the intent to impersonate another person.
• Use an offensive, vulgar, obscene, or otherwise unlawful Account name.
• Create more than one Account on the Website.

• Ayur Dx holds no liability for losses or damages resulting from failure to comply with this Clause.

• Once registered, to log into your Account on the Website, you'll need to provide the email address, mobile number, and password used during registration ("Account Information").

• You agree that the information you provide to us, including at registration, will be true, accurate, up-to-date, and complete. Ayur Dx reserves the right to suspend or terminate your Account indefinitely if provided information is found to be untrue, inaccurate, incomplete, or in violation of these Terms.

• You must not share or transfer your Account Information. You are responsible for maintaining the confidentiality of your Account Information and all activities occurring under your Account.

• Ayur Dx reserves the right to take necessary security actions regarding the Website and your Account Information.

• Ayur Dx shall not be held liable for any liabilities or damages resulting from your use of the Website, theft of your Account Information, or your release of such information to third parties.

• Upon registration, you consent to receiving short messages, multimedia messages, emails, and calls from Ayur Dx regarding registration, transactions, and promotions.

• You agree to promptly notify Ayur Dx of any unauthorized use of your Account Information or security breaches and ensure you log out of your Account after each session. Ayur Dx is not liable for losses arising from your failure to comply.

• You must not use another person's account while accessing the Website.

• Unregistered users can make purchases using the "Guest Checkout" option but must provide accurate details for each transaction. Ayur Dx is not liable for losses resulting from failure to comply.

• Additionally, you may use the Website for posting queries or seeking online consultations, providing accurate details as required by Ayur Dx. Ayur Dx is not liable for losses resulting from failure to comply.

• By accepting these Terms, you consent to receiving communication from Ayur Dx via short messages, multimedia messages, emails, and calls following 'Guest Checkout' or other service uses on the Website.

Services Offered on the Website

• Ayur Dx, via the Website, serves as a platform for selling Products available on the Website. Ayur Dx does not control, advise on, or involve itself in the manufacturing of these Products. It's clarified that Ayur Dx sources these Products from other third-party manufacturers. Ayur Dx does not claim to manufacture the Products or provide any warranty related to them. Any issues regarding Product performance should be directed to the respective third-party manufacturers.

• Ayur Dx offers various services through the Website, outlined below:

• Purchase of Products:
• This service allows you to buy Products directly from Ayur Dx through the Website. You're responsible for ensuring that purchased Products are for personal use only, except for purchases made on behalf of a minor by their legal guardian or parents. Entities other than natural persons are not eligible to purchase Products. Ayur Dx reserves the right to terminate membership or refuse access to the Website or cancel orders if eligibility criteria aren't met. In such cases, Ayur Dx may cancel your order and refund your payment at its discretion, per the refund policy.
• Products can be purchased on the Website using various payment methods. Sales/purchases are also subject to the returns/exchange policy, refund policy, and cancellation policy outlined in these Terms.
• To assist in Product selection, you may chat with a health practitioner or doctor recommended by Ayur Dx.

Use of the Website

During your use of the Website, you agree not to host, display, upload, modify, publish, transmit, update, or share any information that:

• Belongs to another person or entity without proper authorization.
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of privacy, hateful, racially or ethnically objectionable, or encourages illegal activities.
• Is misleading.
• Involves the transmission of spam, junk mail, chain letters, or unsolicited mass mailing.
• Infringes upon or violates any third party's rights, including intellectual property rights, privacy rights, or rights of publicity.
• Provides instructions for illegal activities such as violating privacy or creating computer viruses.
• Attempts to gain unauthorized access to the Website or user accounts, or solicits passwords or personal information for unlawful purposes.
• Engages in commercial activities without prior written consent from Ayur Dx, such as contests, sweepstakes, bartering, or advertising.
• Interferes with another user's use of the Website.
• Refers to websites or URLs containing inappropriate material, violates these Terms, or contravenes the spirit of the Terms.
• Deceives or misleads users about message origins or communicates offensive or threatening information.
• Contains software viruses, trojan horses, worms, or other malicious computer programming.

You agree not to use the Website for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations. You acknowledge that Products and/or services purchased on the Website are for personal use only and not for business purposes.

Ayur Dx reserves the right, though not obligated, to monitor Website access or use to ensure compliance with these Terms, applicable laws, or legal requirements, at its sole discretion.

Your Reviews

The Website may offer features allowing you to contribute your own content, such as rating Products and/or other services, posting comments and reviews about Products and/or other services, and submitting suggestions, comments, questions, or other information to Ayur Dx ("User Content").

As the creator of User Content, you are responsible for any content you upload, post, publish, transmit, or make available on the Website. You assert that you have obtained all necessary consents and approvals to post User Content and that it complies with applicable laws. Ayur Dx does not endorse any User Content on the Website and is not liable for any User Content. Ayur Dx reserves the right to disable access to User Content on the Website.

By posting User Content, you grant Ayur Dx a perpetual, non-revocable, worldwide, royalty-free, and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, and adapt the User Content and create derivative works. You affirm that you own or control all rights to the User Content and that it is accurate, lawful, and does not breach these Terms.

You also warrant that when posting User Content, you will refrain from using offensive, libellous, derogatory, hateful, racially or ethnically objectionable language. Additionally, you agree not to post any content that is obscene, pornographic, or constitutes an "indecent representation of women" as defined in The Indecent Representation of Women (Prohibition) Act, 1986.

Payment Facility

The Website accepts payments through various methods, including cash on delivery (COD), virtual payment wallets, and online payments via debit/credit cards and internet banking.

If you opt for cash on delivery (COD) for purchasing Products, you are not allowed to refuse receipt of the delivered Products upon delivery. Refusal to accept delivered Products or failure to make payment may result in Ayur Dx blacklisting you, blocking access to your Website Account, or taking other appropriate actions.

While using any payment method on the Website, Ayur Dx assumes no responsibility or liability for any loss or damage directly or indirectly incurred by you due to:

• Lack of authorization for any transaction(s).
• Exceeding the mutually agreed preset limit between you and your bank(s).
• Payment issues arising from the transaction.
• Rejection of the transaction for any other reason(s).

All payments for purchases made on the Website must be in Indian Rupees. Ayur Dx does not facilitate transactions in any other currency for purchases made on the Website.

During order delivery, Ayur Dx may request supporting documents (such as government-issued identification and address proof) to ensure a secure online shopping experience for you.

You acknowledge that Ayur Dx will not be liable for damages, interests, claims, or losses resulting from or incurred due to non-processing or delay in processing of transactions beyond Ayur Dx's control.

Links to Third Party Websites

The Website may include links and interactive features connecting with third-party websites. Ayur Dx holds no responsibility and assumes no liability for the functionality, actions, privacy settings, privacy policies, terms, or content of such websites. Before utilizing any sharing functions or accessing any third-party website, Ayur Dx advises reviewing and comprehending the terms and conditions, privacy policies, settings, and information-sharing practices of each respective third-party website.

Upon placing an order on the Website, Ayur Dx may, at its discretion, provide coupons or other deals for purchasing products from third-party websites. Ayur Dx bears no responsibility and assumes no liability for the actions or inactions of such third parties regarding the coupons or deals offered. These coupons or deals provided by Ayur Dx on the Website are solely for personal use and not for resale or distribution purposes. Ayur Dx reserves the right to revoke any coupons or deals at its discretion.

For Products bought from third-party websites, Ayur Dx advises thoroughly reviewing and understanding the terms and conditions, privacy policies, settings, and information-sharing practices of each respective third-party website.

Representations

You affirm and guarantee that you have lawfully agreed to these Terms and possess the legal authority to do so. Additionally, you assure that you will be solely accountable for adhering to these Terms accordingly.

Limitation of Liability

Under no circumstances shall Ayur Dx, its directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages resulting from (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage resulting from your access to and use of the Website; (III) Unauthorized access to or use of secure servers and/or any personal and/or financial information stored therein; (IV) Any interruption or cessation of transmission to or from the Website; (V) Bugs, viruses, Trojan horses, or similar harmful elements transmitted to or through the Website by any third party; and/or (VI) Errors or omissions in any content or for any loss or damage incurred as a result of using any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ayur Dx is aware of the possibility of such damages. Subject to the above and notwithstanding any contrary provision in these Terms, the maximum aggregate liability (whether in contract, tort, including negligence, or equity) of Ayur Dx towards any user of the Website, regardless of the form of claim, shall be limited to the aggregate transaction amount paid by the user to Ayur Dx. These limitations of liability apply even if any limited remedy herein fails its essential purpose.

Disclaimer of Warranties

The Website and all information, content, materials, and services included on or otherwise made available to you through the Website (collectively, the "Materials") are provided by Ayur Dx on an "as is," "as available" basis, without representations or warranties of any kind. Ayur Dx makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the Materials, and the accuracy of the information. Ayur Dx shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, document, or information. You expressly agree that the use of the Website is at your sole risk. Ayur Dx will not be liable for any damages of any kind arising from the use of the Website or the Materials, including, without limitation, direct, indirect, consequential, punitive, and consequential damages unless otherwise specified in writing. To the full extent permitted by law, Ayur Dx disclaims any and all representations and warranties with respect to the Website and its Materials, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Indemnification

You agree to indemnify and defend Ayur Dx, its licensee, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees against any claims, demands, actions, or penalties, including reasonable attorneys' fees, brought by any third party, arising from or related to your violation of these Terms, Privacy Policy, or any other policies, or your infringement of any laws, rules, regulations, or the rights of third parties (including intellectual property rights).

Intellectual Property Rights

• The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”)on the Website is owned and controlled by Ayur Dx or its manufacturers or suppliers and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

• Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. Ayur Dx reserves the right to change or modify the Content from time to time at its sole discretion.

• The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Ayur Dx or its vendors or manufacturers or respective third parties. You are not permitted to use the Marks without the prior consent of Ayur Dx, the vendor or the manufacturer or the third party that may own the Marks.

• Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ayur Dx owns all intellectual property rights to and into the trademark “Ayur Dx”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

• Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Ayur Dx or thirty party owner of such Content. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.

• Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

Termination of Access to your Account

Your Account can be terminated at any time by:

• You, by discontinuing the use of the Website.
• Ayur Dx, at its sole discretion, for any reason or no reason, including your violation of these Terms or lack of use of the Website. You understand that termination of services may occur without prior notice, and Ayur Dx may immediately deactivate or delete your Account and all related information, or restrict any further access to your Account or the Website. Additionally, you agree that Ayur Dx shall not be liable for any discontinuation or termination of services by any third party.

The disclaimer of warranties, the limitation of liability, and the governing law provisions shall remain valid and enforceable even after termination of these Terms.

Privacy Policy

As outlined in the Privacy Policy, Ayur Dx is committed to maintaining the confidentiality of all sensitive information and will not disclose it to any third party except as required by law. Ayur Dx ensures that such confidential information is safeguarded with appropriate security measures and a level of care equivalent to its own confidential data. Ayur Dx acknowledges that its employees, directors, agents, and contractors are bound to use the confidential information solely for its intended purpose. Ayur Dx makes reasonable efforts to ensure that its staff and associates understand and adhere to these confidentiality terms. If you disagree with the transfer or use of your information, please refrain from using the Website.

Governing Law

These Terms are subject to the laws of India and shall be governed, interpreted, and construed accordingly.

Assignment

Parties expressly agree that Ayur Dx reserves the right to assign all or part of its rights or duties under these Terms. Such assignment will not be deemed a modification of these Terms and will not require notice to you, except as required by law.

Grievance Redressal Mechanism

If you wish to file a complaint regarding any violation of the provisions outlined in these Terms, you may send a written complaint to the email address: support@ayurdx.com