This document (also referred as “terms” or “User Agreement”) is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
In accordance with Rule 4(2) of the Consumer Protection (E- Commerce) Rules, 2020, requisite information is mentioned below:
From time to time, we may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on our Website (“Healthyr-U Offers”).
The Company provides a Wallet facility as one of the Payment options to its Users which can be used for availing Services on the Website. You hereby consent that Your use of Wallet is subject to the geographical and other usage restrictions as may be made applicable from time to time and shall also be subject to the additional terms and conditions.
In case if you observe or believe that any content appearing our Website is such as to amount to being defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, kindly bring the same to our notice by writing to us at firstname.lastname@example.org
Subject to the other terms and conditions herein and to the exclusion of any other warranties applicable by law, Healthyr-U warrants that the goods sold hereunder
The foregoing warranty is provided by Healthyr-U subject to the following exceptions:
Healthyr-U shall be under no liability for any defect in the Product(s) arising whether wholly or in part from
Any warranty claim by You based on any defects in the quality or condition of the Products must be made in writing to Healthyr-U within such period from the date of delivery and in such manner as specified in Replacement, Refund and Cancellation Policy. For valid claims as per Replacement, Refund and Cancellation Policy Healthyr-U shall, as its sole obligation and liability to You, either replace the Product(s) in question free of charge or, at Healthyr-U’s sole discretion, refund to You the price of the Product(s) in question.
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
EXCEPT FOR THE EXPRESS WARRANTY HEALTHYR-U PROVIDES IN SECTION 16 ABOVE, YOU TAKE THE PRODUCTS “AS IS.” HEALTHYR-U MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE PRODUCTS, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET OUT IN SECTION 16 (Limited Warranty), ARE YOUR EXCLUSIVE REMEDIES RELATED TO HEALTHYR-U PRODUCTS.
YOUR REMEDIES UNDER SECTION 16 (Limited Warranty), ABOVE, ARE IN LIEU OF YOUR ALL OTHER RIGHTS AND REMEDIES, AND HEALTHYR-U SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY HEALTHYR-U, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE PRODUCT(S), (b) FROM ANY INABILITY TO USE THE PRODUCT(S), (c) FROM THE COST OF SUBSTITUTE PRODUCT(S), OR (D) USE OF HEALTHYR-U WEBSITE AND RELATED CONTENT. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HEALTHYR-U EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM AT ISSUE.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS USER AGREEMENT.
In addition to other prohibitions as set forth in these terms, you are prohibited from using the Website or its content:
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The User shall ensure that while using the Website, Products or Services of the Company, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of Website, Products or Services shall at all times, be strictly complied with and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care practitioners. You should not use any information available on or through the Website to diagnose or treat any medical condition or disease. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult with your healthcare provider if you have health-related questions before using any of our products. You should discuss any medications and/or nutritional supplements you are using with your healthcare provider before using any new supplements or healthcare or wellness products. You should read carefully all instructions and contents of product packaging prior to use.
You agree to defend, indemnify, and hold Healthyr-U and its subsidiaries, holding and associate companies, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these terms.
The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and/or distribution of the Products.
a. The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of arising out of of labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control.
b. Further if Force Majeure event takes place that affects the performance of our obligations under these terms, our obligations under these terms shall be suspended for the duration of Force Majeure event.
These terms and your use of this Website and its content are governed by and construed in all respects in accordance with the laws of India and subject to the jurisdictional courts of Mumbai.
By accepting the terms, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with these terms must be asserted individually
a. Captions: Various captions used in these terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
b. Assignment: These terms shall not be assignable by you, either in whole or in part. Healthyr-U reserves the right to assign its rights and obligations under these terms.
c. Waiver: Healthyr-U’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
d. Severability: If any court or competent authority finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms will not be affected.