Introduction
Welcome to the Terms of Use for herboremedies.com., a service of herboremedies.com, Co. Users of herboremedies.com (the “Site”) are provided with a wide variety of information and services, including shopping opportunities, access to reviews, and the ability to submit reviews for other users (collectively the “Services”). By using (browsing or shopping on) our Site, you agree to comply with and be bound by the following terms of use (collectively, the “Terms of Use”). Please review the following terms carefully. If you do not agree to any of these terms, please do not use this Site.
The term ” herboremedies.com” or “us” or “we” refers to the owner of the Site, herboremedies.com, Co., subsidiary of Herboremedies Healthcare. The term “you” refers to the user or viewer of our Site or any of the Services.
Changes to the Terms of Use
herboremedies.com reserves the right to change any of the terms and conditions contained in these Terms of Use or any policies or guidelines governing the Site or Services at any time and in its sole discretion. Changes to the Terms of Use and referenced policies and guidelines may be posted without notice to you.
Any changes will be effective upon posting of the revisions on the Site. All notice of changes to the Terms of Use will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes.
Your continued use of our Site and Services following Abe’s Market’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.
Privacy
Please see our Privacy Policy to understand how we use and share information about you.
Using herboremedies.com
Age: Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this Site and our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Your Warranties About Use: You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions. You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.
herboremedies.com reserves the right to list products on the site based on the criteria listed in our website. We screen products based on the ingredient list & certifications products by the manufacturer/vendor.
Password: herboremedies.com may assign, or require that you have, a password and username to enable you to use and access certain portions and features of this Site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.
You agree to immediately notify herboremedies.com of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that herboremedies.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Termination of Service: herboremedies.com reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, herboremedies.com may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. herboremedies.com will not be liable to any Buyer: (i) if herboremedies.com does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if herboremedies.com cancels from a transaction.
License & Site Access
Subject to the terms and conditions of these Terms of Use, herboremedies.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content, shopping for products, uploading reviews, and interacting with other Site users on the Site. Users may not use the Site for any commercial use or use on behalf of any third party, other than sellers explicitly permitted to do so by herboremedies.com and who are subject (in addition to these Terms of Use) to the Sellers’ Terms and Conditions (“Sellers”).
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by herboremedies.com.
You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.
You many not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant herboremedies.com all of the license rights granted herein; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under India or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.
Any breach of these Terms of Use may result in the immediate revocation of the license granted above, without notice to you.
Links to Third Party Sites
Our Site may contain links to web sites controlled, owned, and operated by affiliated companies, individuals and other businesses (“Third-Party Sites”). We are not responsible for examining or evaluating information provided on the Third-Party Sites, and we cannot control and have no responsibility for the accuracy or availability of information provided on the Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms of use for those sites, and not by these Terms of Use. Such Third-Party Sites may have a privacy policy different from that of this Site and the Third-Party Sites may provide less security than this Site. You should carefully review the respective privacy statements and other conditions of use. We are not responsible for the content of any Third-Party Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and we shall have no liability of any nature whatsoever for the actions, products, and content of any such third parties or any other third parties and for any failure of products or services offered or advertised on such Third Party Sites.
Intellectual Property
herboremedies.com, the herbal logo, and other herboremedies.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of herboremedies.com, in India and/or other countries. herboremedies.com’strademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit herboremedies.com.
Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of herboremedies.com or its content suppliers and is protected by copyright laws. The compilation of all content on the Site is the exclusive property of herboremedies.com and protected by Indian and international copyright laws.
Reviews & Comments
Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by us on the Site.
In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us, our affiliates or third parties as to the origin of any Submissions. We have the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.
Return Policy
Please see Returns
If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Seller, herboremedies.com has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, herboremedies.com will issue an immediate and full refund for the transaction amount to the credit card charged.
Disclaimer, No Warranty and Limitation of Liability
The Site, the Services and the products purchased by you are provided on an “as is” basis. herboremedies.com makes no other representations or warranties of any kind, express, implied or statutory. herboremedies.com, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from herboremedies.com shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, herboremedies.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS OBTAINED FROM SELLERS THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES. Such disclaimer shall include, without limitation, mislabelling of products and/or ingredients. In any such situation, your sole recourse shall be against the Seller who supplied you with the product through our Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the Site or the Services, and operation of the Site may be interfered with by numerous factors outside our control.
Limitation of Liability
IN NO EVENT SHALL herboremedies.com, AND (AS APPLICABLE) herboremedies.com ‘S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR herboremedies.com’S SUPPLIERS OR SELLERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, ANY THIRD PARTY SITE, OR AS A RESULT OF THE APPLICATION AND/OR ENFORCEMENT OF THE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
herboremedies.com ‘S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF herboremedies.com ‘S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO herboremedies.com FOR THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold herboremedies.com and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any party due to or arising out of your breach of the Terms of Use (and any documents they incorporate by reference), your own use of the Site or the Services, or your violation of any law or the rights of a third party.
Termination
You agree that we may, with or without cause, immediately terminate your account and access to our Site and Services without prior notice. Without limiting the foregoing, the following may lead to the termination by herboremedies.com of a user’s use of the Site and the Services: (a) breaches or violations of the Terms of Use or other incorporated documents, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), and (d) unexpected technical issues or problems. Termination of your herboremedies.com account includes (without liability to herboremedies.com): (i) removal of access to all offerings within the Site and the Services, (ii) possible barring you from further use of our Site and Services, and (iii) revoking all password(s) and usernames issued to or chosen by you. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any termination of your account or access to our Site and Services.
Any termination of access or of the Terms of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Applicable Law
The laws of the Allahabad courts govern these Terms of Use, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with herboremedies.com or its affiliates relating in any way to these Terms of Use or your use of the Site or Services shall be adjudicated as per India laws.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any content on the Site may give rise to copyright infringement, please provide herboremedies.com with the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
Your address, telephone number, and e-mail address; - A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Please send notices to info@herboremedies.com
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringer. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Resolution of Disputes and Release
In the event a dispute arises between you and herboremedies.com, please contact us at info@herboremedies.com
Should you have a dispute with one or more users, a Seller, or an outside party, you release herboremedies.com (and herboremedies.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
herboremedies.com, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
Notices
All notices to users (including Sellers and Buyers) will be sent by e-mail or will be posted on the Site. We will send notices to users at the e-mail address maintained in herboremedies.com records for the user, which the Sellers can update using their Seller Admin pages and Buyers can update by logging into their account and editing their information. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.