Introduction

www.baidyanath.co (‘Website’) is an online service owned, operated, and managed by Baidyanath Healthcare Private Limited (‘Baidyanath’ or ‘we’ or ‘us’). In using/accessing the Baidyanath website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at [email protected] or call us on 8421568882. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

These Terms of Use (“Terms”) govern your use of the Baidyanath.com Web site (the “Site”), the Baidyanath smartphone application present or future, and associated content and services (collectively, the Baidyanath Content”) and constitute an agreement between you and Baidyanath.

Your use of the Siddhayu Content is conditioned upon your acceptance and continued adherence to these Terms. If you do not wish to be bound by these Terms of Use, discontinue using and accessing the Baidyanath Content immediately.

You understand and agree that Baidyanath may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site or for the Apps. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Baidyanath Content after any modifications indicates your acceptance of the modified Terms.

Disclaimers

Baidyanath Content includes information regarding specific Baidyanath products. Baidyanath has made good-faith efforts to compile and present this information but does not guarantee its accuracy or completeness.

The information, instructions, and general advice contained in the Baidyanath Content is intended only as a general reference for further exploration and is not a replacement for professional health advice. The Baidyanath Content does not provide dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. We urge you to consult your qualified health care professional including but not limited to a naturopathic physician when using any of Baidyanath Content at all times. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health care professional basing your inference from Baidyanath Content.

Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the Baidyanath Content will always include the most recent findings or developments with respect to the particular material.

Baidyanath does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the Baidyanath Content.

If you are in India and think you are having a medical or health emergency, call your health care professional or physician immediately.

The use of Baidyanath Content is solely at your own risk.

Health-Related Information

The information contained on the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Baidyanath or otherwise providing any content to Baidyanath Website on whatsoever arrangement with Baidyanath ) for diagnosing or treating a health problem or disease or prescribing any medication. 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 read carefully all product’s packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.

Privacy Policy

Protecting your privacy is important to us. Please consult our Privacy Policy to learn how we collect and treat your personal information. The Privacy Policy is incorporated by reference as part of these Terms.

Age Restrictions

In order to use the Baidyanath Content, you must be 13 years of age or older. If you are 13 years of age or older but less than 18 years old, you must request permission from your parent or guardian before accepting these Terms or using Baidyanath Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of Baidyanath Content.

Use of Baidyanath Content and Site

You may use the Baidyanath Content solely for your own personal benefit and you agree not to use the Baidyanath Content for any commercial use or in support of any other person or entity.

You may not use the Baidyanath Content to

  • Engage in or facilitate any illegal activity;
  • Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files;
  • Interfere with or disrupt networks, systems, and/or computers used to provide the Baidyanath Content. You agree to comply with all regulations, policies, and procedures of such networks and systems.
  • Advertise or offer to sell any goods or services unless you have Baidyanath written consent to do so;
  • Restrict or inhibit any other user from using the Baidyanath Content;
  • Collect or store personal information about other end users;
  • Impersonate any person or entity, including, but not limited to, a Baidyanath representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Intellectual Property

All text, video, audio, sound, graphics, software, information, and other materials made available as part of the Baidyanath Content, including but not limited to the look and feel of the Site and the Apps, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by Baidyanath and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display, or modify Baidyanath Content.

You agree to access the Baidyanath Content only through the interface that is provided by Baidyanath for use in accessing the Baidyanath Content. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, or screen scraping tools, to access, monitor, download, or copy any part of Baidyanath Content, unless Baidyanath has provided prior written consent.

Baidyanath, baidyanath.com, our product names, and other of our slogans, phrases, marks, icons, and logos included with or accompanying Baidyanath Content are our trademarks or registered trademarks. All other trademarks, service marks, logos, and trade names included with or accompanying Baidyanath Content are trademarks or registered trademarks of their respective owners.

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website, are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose.

The Baidyanath names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Baidyanath or licensed to Baidyanath. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo, or mark which appears on the Website in any manner.

References on this Website to any names, marks, products, or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product or service.

We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.

All software used on this Website is the property of Baidyanath or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited.

Unless otherwise noted, all Content is copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by us, our affiliates, or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Baidyanath and is also protected by Indian and international copyright laws. We don’t offer any Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.

Links to Other Sites

The Baidyanath Content may contain links to other Web sites. Baidyanath will attempt to tell you when you are leaving the Baidyanath Content, but there may be instances when Baidyanath is unable to do so. Baidyanath is not responsible for the content, accuracy, or opinions expressed in other Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us.

Inclusion of any link on the Baidyanath Content does not imply approval or endorsement of the linked Baidyanath site by us. If you decide to leave the Site or Apps and access any third-party site, you do so at your own risk.

Limitations of Liability

In no event will Baidyanath be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including damages for any lost profits or lost data arising from your use of Baidyanath Content, even if Baidyanath is aware of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Baidyanath’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to INR 1000. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.

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. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Baidyanath, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Indemnity

You agree to indemnify and hold Baidyanath and its directors, officers, agents, contractors, partners, and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of Baidyanath Content.

General Disclaimers

Baidyanath does not warrant or covenant that Baidyanath Content will be available at any time or from any particular location, will be secure or error-free, or that the Baidyanath Content or its Content is free of viruses or other potentially harmful components. Baidyanath may also at its sole discretion modify or suspend the features, availability, operation, and/or look and feel of Baidyanath Content from time to time without notice to you.

Baidyanath is not responsible for any problems or technical malfunctions outside of Baidyanath’s reasonable control, including but not limited to outages in telephone/data network or lines or traffic congestion on the Internet. Under no circumstances will Baidyanath be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of Baidyanath Content.

The Baidyanath Content is provided “as is,” and Baidyanath disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. Baidyanath cannot guarantee and does not promise any specific results from the use of Baidyanath Content. Your use of Baidyanath Content is at your own risk.

Feedback

Baidyanath has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the Baidyanath Content and/or its processes and underlying software (“Feedback”), provided by you to us, whether solicited or unsolicited.

International Use

Baidyanath makes no representations that the Baidyanath Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Baidyanath Content from outside the United States, you are solely responsible for complying with all local laws.

Software Downloads and Export Controls

Software and related technologies that may be available in connection with the Baidyanath Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.

Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of India, without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Mumbai, in accordance with the then-current rules and procedures of the Indian Arbitration and Conciliation Act 1996 by one (1) arbitrator appointed jointly by both the parties. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction. You agree that any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Baidyanath reserves the right to seek any interim, preliminary, or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers, and subcontractors.

In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard in the courts of Mumbai. In such an event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first-class mail, and shall be deemed effectively given upon receipt.

Termination

Baidyanath may terminate or suspend your access to the Baidyanath Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.

Miscellaneous

Both you and Baidyanath agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of Baidyanath Content and neither you nor Baidyanath has the power or the authority to obligate or bind the other. These Terms set forth the entire agreement between you and Baidyanath pertaining to your use of the Baidyanath Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you do not agree to or are not able to abide by these Terms, you have no right to access or use the Baidyanath Content.

Shipping and Delivery

All Products purchased from the Website shall be delivered to the User by standard courier services by Baidyanath through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order-related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.

Free shipping on orders above Rs.500*.

Baidyanath shall not be responsible for any delay in the delivery of the Products. Baidyanath shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.

The logistics partner supported by Baidyanath will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.

All orders placed from Monday to Friday (excluding public holidays) will be processed and shipped within 15 working days upon confirmation of payment. This could vary with circumstances such as online security checks, shipping restrictions, payment authorization, packing, and dispatching of orders. An email confirmation will be sent for all orders once received.

An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, the delivery may take longer due to inter alia:

  • bad weather
  • flight delays
  • political disruptions
  • other unforeseen circumstances

In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.

The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.

Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.

However, in the case where damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.

No deliveries of the Products shall be made outside the territorial boundaries of India.

In case a User purchases multiple Products in one transaction, Baidyanath may deliver the same together. However, this may not always be possible and shall be subject to the availability of stock.

If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.

Baidyanath shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully canceled.

Offers T&C

1)  The offer will be applicable to all customers.
2)  In the case of a Freebie offer (if running), the free product should be added to the cart while applying the code.
3) Offer validity depends on the type of offer and will be conveyed through the rightful mediums/channels.
4) In case of out of stock of the offer product, the company has all the rights to cancel the order.
5) The company has all the rights to decide on the products and offers, to terminate or continue them at any point in time.
6) No 2 offers can be clubbed together.
7) A promotional offer is only valid for the time range of offer validation.
8) No cash alternatives will be offered to the customer.
9) Promotional offers can only be availed during the offer time and date.
10) The Company reserves the right to change the terms and conditions of any offer or completely withdraw it without any prior notice.
11) The Company reserves the right to terminate the user’s account and cancel all outstanding orders if it is found that the user is trying to misuse the promotions by any means.