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Terms of Services
BY PLACING AN ORDER THROUGH THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FOR THE BELOW. PLEASE READ THROUGH THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER. PLEASE ALSO READ OUR PRIVACY POLICY REGARDING PERSONAL INFORMATION PROVIDED BY YOU, WHICH IS INCORPORATED HEREIN BY REFERENCE.
Overview:
This website is operated by SehatUP. Throughout the site, the terms “we”, “us” and “our” refer to SehatUP.SehatUP offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Access to this Website is permitted temporarily, and we reserve the right to withdraw, amend or modify the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this entire Website.
Section 1: Online store terms:-
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2: General conditions:-
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve
Transmissions over various networks; and
Changes to adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3: Communication:-
You consent to receive communications from us by way of e-mails, phone calls and SMS’s concerning your transactions on our Website. Users will be required to register their valid phone numbers and e-mail addresses to facilitate such communication. We may also use your e-mail address to send you updates, newsletters, changes to features of the Service, and the like to provide you with better Services.
Section 4: Privacy Policy:-
Our privacy policy, which sets out how we will use your information, can be found at [https://www.sehatUP.com/pages/privacy-policy]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Section 5: Prohibitions:-
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; annoy other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You Agree And Confirm That You Shall Not Use Our Website For Any Of The Following Purposes
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Infringing the intellectual property rights of any third parties.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws, rules or regulations.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
Health Disclaimer
This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, have a history of heart conditions or have any chronic disease we suggest consulting with a general physician before using any of our products. The results on all products are not typical and not everyone will experience these results.SehatUP has acquired a licence from AYUSH. AYUSH certificate is an authorization given by the government.SehatUP will not be liable for any kind of problems occurring after consuming or using our products.
Section 6: Intellectual Property, Software and Content:-
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property ofSehatUP. Or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by sehatUP and its licensors. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Section 7: Terms of Sale:-
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force major for which we will not be responsible.
To contract with sehatUP you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to you. sehatUP retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Section 8: Our Contract:-
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Section 9: Pricing and Availability:-
While we make every effort to ensure that all details, descriptions and prices which appear on this Website are accurate at the time of going online, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are displayed where applicable and included in the ‘Total Cost’.
Section 10: Payment:-
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The funds received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the deposited funds will be used to pay for the goods you have purchased as listed in the confirmation email.
Section 11: Third-party links:-
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party and sehatUP will not be liable for any act or omission by the Third Party.
Section 12: Fraudulent/ Declined Transactions: -
Our payment partners (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitor your account to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under the law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
Section 13: Disclaimer of warranties, limitations and liabilities:-
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 212 Healthcare Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section14: Reviews, Feedback, And Submissions:-
We are constantly aimed at increasing the quality of our services and are open to your valuable reviews and feedback. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Section 15: Modification of Terms & Conditions of Service:-
We may at any time modify the Terms of our Website without any prior notification to you. You can access the latest version of the Terms at any given time on our Website [Link of T&C page]. You agree to regularly review the Terms on our Website. Should you wish to terminate your account due to a modification to the Terms or the Privacy Notice, you may do so from the My Accounts section. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.
Section 16: Indemnification:-
You agree to indemnify, defend and hold harmless 212 Healthcare Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17: Severability:-
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 18: Termination:-
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 19: Invalidity:-
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Section 20: Waiver:-
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Section 21: Dispute Resolution:-
This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts in Delhi, India.
Section 22: Entire Agreement:-
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or concerning The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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