Terms & Conditions - AV Herbarium

Terms & Conditions

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Terms & Conditions

Warm regards from AV Herbarium! The following set of terms and conditions represents a legally binding agreement governing the products showcased on our website. We kindly urge you to meticulously review these terms and conditions before proceeding with registration or making any purchases on our platform.

Our services are extended to customers solely upon their explicit consent to, or acceptance of, the terms and conditions outlined on our website. If you encounter a condition that you deem irrelevant or if you disagree with any aspect of these terms and conditions, we respectfully request that you refrain from utilizing our website. It’s important to note that the specifics of your product purchase serve as evidence of your adherence to AV Herbarium’s terms and conditions. Furthermore, AV Herbarium retains full rights to modify these terms in the future as deemed necessary. Any updates to our terms and policies will be accessible via the “terms and conditions” section on our website.

At AV Herbarium, we do not provide assurances regarding the outcomes, claims, or precision of any of the products featured on our website, nor do we advocate any product as a substitute for medical treatment or therapy. We strongly advise you to seek medical guidance before commencing the use of any health supplements, as they may have interactions with specific drugs and medications. In the event of discomfort or the occurrence of adverse effects, it is recommended that you discontinue the use of the product and promptly consult a medical professional. Furthermore, we kindly request that you utilize our supplements and products strictly in accordance with the usage instructions provided on the product label and avoid any instances of overconsumption. Please be aware that the products exhibited on our website are not intended for the purpose of curing, diagnosing, preventing, or treating any disease or illness.

It is important to acknowledge that AV Herbarium does not commit to utilizing any form of communication or materials for any purpose, including broadcasting, posting, or publication. Your responsibility lies in ensuring that the products you acquire from our website align with your specific health requirements. In the event that they do not meet your expectations in this regard, neither AV Herbarium nor any affiliated individuals shall bear liability.

The following terms and conditions, referred to as “Terms of Use,” in conjunction with our Privacy Policy, Shipping Policy, Cancellation & Return Policy, and any other policies of our company, collectively termed as the “Policies,” apply to all individuals who access or use our website and/or any services we offer. These policies may be subject to modification and updates periodically. These Terms of Use are applicable to all products available on our platform.

Please note that we retain the right to revise and modify these Terms of Use without prior notification. Any updates or alterations will be posted on our website. It is your responsibility to periodically review the Terms of Use for any changes that may affect you.

  1. Introduction

www.AVHerbarium.com, the ‘Website,’ is an online service that is owned, operated, and managed by AV Herbarium, referred to as ‘AV Herbarium,’ ‘we,’ or ‘us.’ By accessing and using the website, you are considered to have accepted the terms and conditions outlined in this agreement, which is referred to as the ‘User Agreement.’ This agreement is valid for an indefinite period, and you acknowledge and agree to be bound by these terms for as long as you continue to access this website.

Please be aware that we reserve the right to modify the terms and conditions of this User Agreement periodically, without the obligation to provide prior notice. It is your responsibility to review these terms as frequently as possible to stay informed about any changes.

  1. Ownership of rights

The use of this Website or its contents, including copying or storing them in whole or in part, except for your personal, non-commercial use, is strictly prohibited without explicit permission from AV Herbarium. All the information presented, transmitted, or conveyed on the Website is protected by copyright and other intellectual property laws. Some of the content on the Website may be subject to copyrights and other intellectual property rights held by third parties. This website is designed, regularly updated, and maintained by AV Herbarium or its licensors.

You are not authorized to modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or commercially exploit any of the content available on the Website in any manner.

III. Accuracy of Content and Invitation to Offer

We have taken diligent care and precaution to ensure the provision of accurate data and information on this Website. Specifically, we have made efforts to ensure that the prices quoted are correct at the time of publication and that all products are described fairly. Our prices, as displayed, include the Goods and Services Tax (GST). Please note that the actual packaging of products may differ from what is shown. The provided weights, dimensions, and capacities are approximations.

We have made every possible effort to represent the colors of our products accurately on the Website. However, it’s important to recognize that the colors you perceive may vary depending on your monitor’s settings. Consequently, we cannot guarantee that your monitor’s display of any color will precisely match the product’s color upon delivery.

All products, services, and information presented on the Website should be viewed as an invitation to make an offer. Your order for any product or service constitutes an offer, and its acceptance is subject to the terms and conditions outlined on this Website.

When you place an order to make a purchase, you are essentially making an offer, and this offer is subject to the terms and conditions outlined in this User Agreement. We retain the right to either accept or reject your offer, either in whole or in part. Our acceptance of your order occurs when we dispatch the product(s) you’ve ordered.

It’s important to note that the dispatch of all the product(s) in your order may not necessarily happen simultaneously. In such a scenario, the portion of your order that has been dispatched is considered accepted by us, while the remaining portion remains an offer. We reserve the right to accept or reject the outstanding part of your order. Please be aware that no action or inaction on the part of AV Herbarium before the actual dispatch of the product(s) ordered should be construed as an acceptance of your offer.

If you have provided us with your email address or phone number, we will promptly notify you via email and/or phone, as applicable, to confirm the receipt of your order. Additionally, we will contact you again to confirm dispatch, signifying acceptance of your order.

 

  1. General Terms of Use

By being eligible to use and actively using the website, engaging through any other mode of communication, or making any purchases during the aforementioned period, the User acknowledges and agrees to be bound by these Terms of Use.

The User is granted authorization to utilize the website solely for lawful purposes and in accordance with the policies set forth by AV Herbarium and Google, as mentioned. Any breach of these policies will result in stringent legal actions being taken against the User, as outlined in the policies and relevant laws.

AV Herbarium aims to offer the best possible prices for products and services to users who make purchases or avail of services through the Website. It’s important to note, however, that AV Herbarium cannot guarantee that its prices will always be the lowest in your city, region, or geographical area. Prices and availability are subject to change without prior notice, and AV Herbarium will not be held liable for any associated consequences.

Additionally, the prices displayed for items under any promotion will be applicable only during the specified promotional period. These prices will not apply to any date before or after the promotion’s duration.

All offers on Products are applicable for limited stocks and specific periods. AV Herbarium reserves the right, at its sole discretion, to alter, extend, update, or withdraw offers on products without prior notice to Users. In such instances, any revisions will be promptly reflected on the website.

We do not engage in promotions that encourage users to make a purchase, download, or commit to any action without first providing them with all the necessary and relevant information, and obtaining the user’s explicit consent. Our promotions accurately represent our services in a truthful and realistic manner.

AV Herbarium reserves the right to cancel orders placed by Users at any time for various reasons, which may include but are not limited to technical errors, unavailability of stocks, or any other unforeseen circumstances. It’s important to understand that AV Herbarium’s decision to cancel an order is final, and AV Herbarium shall not be held liable for such cancellations under any circumstances.

The expected delivery time as indicated on the website may vary from the usual delivery time.

While AV Herbarium strives to provide accurate information regarding products, services, and pricing, there is a possibility of typographical and other errors occurring. In the event that a product or service is listed with an incorrect price or incorrect information due to a pricing or product/service information error, AV Herbarium may, at its discretion, either contact the User for further instructions or cancel the User’s order. In the case of order cancellation, AV Herbarium will promptly notify the User about such a cancellation.

AV Herbarium reserves the right to modify the price of a product or service at any time, without prior notice.

  1. Cancellation by AV Herbarium

There may be instances where AV Herbarium is unable to accept certain orders and must cancel them. AV Herbarium retains the right, at its sole discretion, to refuse or cancel any order for any reason, without the obligation to provide a reason to the User. By using our services, the User acknowledges and agrees that this policy is acceptable, and they will not contest or raise any dispute regarding such cancellations.

Situations that may lead to the cancellation of a User’s order include but are not limited to, the non-availability of the product or requested quantities, inaccuracies or errors in pricing information, or issues identified by AV Herbarium’s credit and fraud avoidance department. AV Herbarium may also require additional verifications or information before accepting an order.

If an order is cancelled after a credit card has been charged, the corresponding amount will be refunded to the User’s credit card account. AV Herbarium will make every effort to communicate with the User in case of order cancellation or if additional information is needed to process the User’s order.

  1. Cancellation by the User

In the event of requests for order cancellations, AV Herbarium reserves the right, at its sole discretion, to either accept or reject such cancellation requests, without the obligation to provide a reason to the User. As part of standard business practice, if AV Herbarium receives a cancellation request and the order has not been processed or approved by AV Herbarium, the company will proceed with the cancellation and refund the full amount to the User within a reasonable timeframe.

It’s essential to note that AV Herbarium will not be able to cancel orders that have already been processed. AV Herbarium holds the authority to determine whether an order has been processed or not. By utilizing our services, the User acknowledges and agrees that AV Herbarium’s decisions regarding order cancellations are acceptable, and the User will not engage in disputes regarding such decisions.

AV Herbarium retains the authority to cancel orders that fall under the category of ‘Bulk Order’ based on certain criteria determined by AV Herbarium. An order may be classified as a ‘Bulk Order’ if it meets the criteria outlined below, which may not be exhaustive:

  • Products ordered are intended for commercial resale rather than personal consumption.
  • Multiple orders are placed for the same product at the same delivery address.
  • A bulk quantity of the same product is ordered.
  • Invalid or misleading address information is provided in the order details.
  • Any form of malpractice is used to place the order.

AV Herbarium reserves the right, at its sole discretion, to amend, modify, add, or remove sections of this document at any time without prior written notice to the user.

VII. Limitation of Liability
Under no circumstances shall AV Herbarium’s liability exceed providing the User with a replacement of the same product or an alternate product of equal value.

These terms and conditions are governed by Indian laws, and any disputes shall fall under the jurisdiction of the courts in Gurgaon, Haryana, India, exclusively.

 VIII. Usage Restrictions

You are prohibited from using the Website for any of the following purposes:

  • Disseminating any material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
  • Transmitting material that encourages conduct constituting a criminal offense, resulting in civil liability, or otherwise violating any relevant laws, regulations, or codes of practice.
  • Attempting to gain unauthorized access to other computer or network systems.
  • Interfering with the use or enjoyment of the Website by others.
  • Violating any applicable laws.
  • Interfering with 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 owner.

 

You are strictly prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information on the Website that:

  • Sharing information that belongs to someone else and for which you have no rightful claim.
  • Disseminating content that is extremely harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically offensive, disparaging, or encourages activities like money laundering or gambling, or is otherwise unlawful.
  • Causing harm to minors in any manner.
  • Violating patent, trademark, copyright, or other proprietary rights.
  • Contravening any currently applicable laws.
  • Deceptively conveying the origin of messages or communicating information that is highly offensive or threatening.
  • Impersonating another individual.
  • Distributing software viruses or any other computer code, files, or programs intended to disrupt, damage, or restrict the functionality of any computer resource, including the website.
  • Endangering the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign nations, public order, or inciting the commission of recognizable offenses, or showing disrespect to any other nation.

 

You are also restricted from:

  • Violating or attempting to breach the integrity or security of the Website or its content.
  • Sending any information (including job postings, messages, and hyperlinks) on or through the Website that disrupts or competes with the services we provide.
  • Knowingly submitting incomplete, untrue, or inaccurate information on the Website.
  • Initiating any unsolicited communications with other users of the Website.
  • Employing any engine, software, tool, agent, or other device or method (such as robots, spiders, avatars, or intelligent agents) to explore or search the Website.
  • Trying to decode, decompile, disassemble, or reverse engineer any part of the Website.
  • Replicating or duplicating any content on the Website or other information accessible from the Website in any manner.
  • Framing, hotlinking, or deep linking to any content on the Website.

 1. Quantity Restrictions

We retain the authority, based on our sole discretion, to impose limitations on the quantity of items that can be purchased per individual, per household, or per order. These restrictions may apply to orders made through the same account, the same credit/debit card, or orders utilizing the same billing and/or shipping address. If such limitations are enforced, we will notify the customer accordingly. Additionally, we maintain the right, at our sole discretion, to disallow sales to any individual as we see fit.

  1. Pricing Information

Although we make every effort to ensure the accuracy of product and pricing information, errors in pricing or typographical errors may occur. The price of a product cannot be confirmed until you place an order. If a product is listed at an incorrect price or with incorrect information due to a pricing or product information error, we reserve the right, at our sole discretion, to decline or cancel any orders for that product, unless the product has already been shipped. If an item is incorrectly priced, we may, at our sole discretion, contact you for instructions or cancel your order and inform you of the cancellation.

Your offer will not be considered accepted unless the product you ordered has been dispatched. We reserve the right to modify the price of the product and contact you for further instructions using the email address or contact number you provided during registration, or cancel the order and inform you of such cancellation, as long as the product has not been dispatched.

If we accept your order, the payment will be charged to your credit/debit card account, and you will be duly notified by email or the provided contact number that the payment has been processed. It’s possible that the payment will be processed before the product you ordered is dispatched. In the event that we must cancel the order after processing the payment, the amount will be refunded to your credit/debit card account.

We aim to offer you the best value, but please be aware that prices and availability are subject to change without prior notice.

 1. Indemnity

We hereby disclaim all warranties or conditions, whether expressed or implied, including, but not limited to, implied warranties or conditions of information and context. We shall not be held liable to any individual for any loss or damage that may result from the utilization of any information found in the materials on this Website.

This User Agreement and any contractual obligations between us and you will be governed by the laws of India, with the exclusive jurisdiction of the Courts in Gurgaon.

In the event of any disputes, they will be subject to arbitration in Gurgaon, conducted in English by a single arbitrator appointed by us, in accordance with the Arbitration and Conciliation Act, 1996. Each party involved in the arbitration will bear its own costs.

You agree to defend, indemnify, and hold AV Herbarium, its employees, directors, officers, agents, and their successors and assigns harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees. These claims may arise from or be related to your actions or inactions, which could result in any loss or liability to AV Herbarium or any third party. This includes, but is not limited to, breaches of warranties, representations, or undertakings, or the failure to fulfill your obligations under this User Agreement. It also encompasses violations of applicable laws and regulations, such as intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violations of privacy or publicity rights, loss of service to other subscribers, and infringement of intellectual property or other rights.

This clause will remain in effect even after the expiration or termination of this User Agreement.

 XII. Eligibility to Use

The use of the Website is limited to individuals who have the legal capacity to enter into binding contracts as per applicable law. Individuals classified as “incompetent to contract” under the Indian Contract Act, 1872, which includes undischarged insolvents, are not eligible to use the Website. We retain the right to terminate your membership and deny you access to the Website at our discretion. The Website cannot be accessed by individuals whose membership has been suspended or terminated by us for any reason.

If you are registering on behalf of a business entity, you confirm that you have the authority to bind that entity to this User Agreement. We do not assert that any products or services mentioned on this Website are suitable for use or available outside of India. Those who choose to access this Website from outside India are responsible for complying with local laws, where applicable.

We only deliver products within India and are not responsible for any claims related to products ordered from outside India. Some Indian states prohibit the direct sale of merchandise from other states and require special documentation to avoid dual taxation. If we receive an order from such states or for delivery to such states under these circumstances, we may choose to accept or reject the order at our discretion.

Individuals accessing this Website from Indian states with restrictions on such usage must comply with local state laws, if and where applicable. We will only deliver products to states with an open import policy and will not be liable for any claims related to products ordered from restricted states.

These terms and conditions, unless otherwise specified for specific products, take precedence over all prior representations, understandings, or agreements and will prevail despite any differences from any other terms in any submitted order.

XIII. Privacy

IF YOU DISAGREE, PLEASE REFRAIN FROM USING OR ACCESSING THE WEBSITE.

  • All information, including sensitive personal data, provided to us by you is voluntary. You retain the right to withdraw your consent at any time, in accordance with the terms of this User Agreement. However, please be aware that the withdrawal of consent will not have a retroactive effect.
  • You have the ability to access, modify, correct, and delete the data about you that has been collected as a result of your decision to use the Website. If you make updates to any information concerning you, we may retain a copy of the original information you initially provided to us in our records.
  • Because of the Internet’s communication protocols, when you access the Website, we receive certain information automatically. This includes the web address of the site you were on before you visited us and the site you plan to visit after leaving our platform. Additionally, we collect your computer’s Internet Protocol (IP) address, which identifies your computer or the proxy server you employed to connect to the World Wide Web. We also note details about your computer’s operating system, the type of web browser you’re using, email usage patterns, and the name of your internet service provider (ISP). We utilize this data for the purpose of analyzing broader trends, aiding us in enhancing our services.
  • The Website employs temporary cookies to retain specific information (which doesn’t include sensitive personal data) used by us and our service providers. This data serves technical purposes, aids in research and development, and assists with administration tasks. In some cases, as we deliver advertisements or enhance services for you, we may permit authorized third parties to set or recognize a distinct cookie in your web browser. It’s important to note that we don’t store personally identifiable information within these cookies.
  • We may maintain logs of phone conversations, both incoming and outgoing, for various reasons, including service management, research and development, quality control, and overall administration.
  • Additionally, we partner with other businesses to deliver advertisements to you. These collaborators encompass third-party ad servers, advertising agencies, technology providers, and research organizations. At times, we may tailor ads to suit a particular general audience. Importantly, we do not employ personally identifiable information for ad targeting purposes.
  • We bear no responsibility and shall not be held liable for any damage to your equipment or any virus infection resulting from your access to, use of, or browsing on the Website, or from downloading any material, data, text, images, video content, or audio content from the Website. If you find the Website unsatisfactory, your only recourse is to cease its use.
  • This privacy policy pertains to websites and services under our operation and management. We do not exert control over websites listed as search results or linked from within our services. These external websites may set their own cookies or files on your computer, gather data, or request personal information, for which we bear no responsibility or liability. Consequently, we do not vouch for the privacy practices or policies of such third parties or the terms of use of their websites, nor can we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages, or other materials available on those websites. Inclusion or exclusion of a website does not imply our endorsement of the website, its provider, or the information presented on it. We encourage you to review the privacy policies of those websites.
  • The Website may offer features that allow you to interact with other users or post information for public access, which may be collected by other users. We want to make it clear that we bear no responsibility for any misuse of such information when it’s shared by visitors in this manner.
  • We highly value the privacy of information related to our associates. We do not share the connection between your IP address and your personally identifiable information with third parties unless you provide consent or when mandated by law. Nevertheless, we may share summarized insights and information with advertisers, sponsors, investors, strategic partners, and others to support our business growth, and we won’t seek your approval for this. We will provide you with a means to express your privacy concerns to us, and we will address them appropriately. Your personal information, such as your password, credit card number, and bank account number, is not disclosed to advertisers or used for other marketing and promotional purposes that could potentially identify you.

 XIV. Refusal of Service

We retain the authority to decline service to any individual at our discretion. Furthermore, we have the sole discretion to suspend or terminate the service at any time should a computer virus, bug, or any other technical issue compromise the security or effective management of the service.

 1. Promotional Communications

“We may also provide you with alternative information related to us, the Website, our other online platforms, our products, special sales offers, newsletters, SMS updates, and content related to other companies within our corporate group or our business partners. If you do not wish to receive any of the additional information described in this paragraph (or any part thereof), please click on the “unsubscribe” link included in any email sent to you, or register as a Do Not Disturb user. We will discontinue sending you such information within 7 working days (excluding Saturdays, Sundays, and public holidays in India) after receiving your request. If you need further clarification, please feel free to contact our Customer Support Service.”

XVI. Financial Details

“You acknowledge, agree, and verify that the credit/debit card details or other financial information provided by you for accessing services on the Website will be accurate and correct. You shall not utilize a credit/debit card or financial facility that you do not lawfully own or possess. Furthermore, you understand that any financial information you provide is directly processed by our acquiring bank, and we do not retain such information. We shall not be held responsible for any credit/debit card fraud. The responsibility for fraudulent use of a card shall rest with you, and the burden of proving otherwise shall be solely on you. Both we and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges, and legal fees from individuals engaging in fraudulent activities on the Website. We, along with our associated acquiring banks or financial institutions, also reserve the right to initiate legal proceedings against such individuals for the fraudulent use of the Website and any other unlawful actions or violations of these terms and conditions, in accordance with applicable laws.”

 XVII. Communication

“When you access the Website or send us emails, you are engaging in electronic communication with us. By using the Website, you agree to receive communications from us electronically. We will contact you via email or by posting notifications on the Website. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically meet the legal requirement that such communications be in writing. Additionally, when you provide your phone number along with your shipping address or request a callback, you consent to receive calls on that number for order-related and other site-related communication.”

 XVIII. Website Feedback, User-Generated Content and User Comments

“All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions that you provide to us through this Website or in connection with your use of this Website (collectively referred to as “Comments”) become our property. By disclosing, submitting, or offering any Comments, you are assigning to us all worldwide rights, titles, and interests in the copyrights and other intellectual properties related to the Comments. As a result, we have exclusive ownership of these rights and can use the Comments for any purpose, whether commercial or otherwise, without any limitations or the need to compensate you. We have no obligation to:

  • To keep any Comments confidential.
  • To compensate you for any Comments.
  • To respond to any Comments.

You agree that any Comments you submit to the Website will not violate this policy or the rights of any third party, including copyrights, trademarks, privacy, or other personal or proprietary rights, and will not harm any person or entity. You also agree that no Comments you submit to the Website will be libelous, unlawful, threatening, abusive, obscene, contain software viruses, engage in political campaigning, involve commercial solicitation, include chain letters, mass mailings, or constitute spam. While we do not regularly review posted Comments, we reserve the right (but are not obligated) to monitor, edit, or remove any Comments submitted on the Website. By submitting Comments, you grant us the right to use the name you provide in connection with those Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead regarding the origin of your Comments. You are solely responsible for the content of any Comments you make, and you agree to indemnify us and our affiliates for any claims arising from your Comments. We and our affiliates are not responsible and assume no liability for any Comments submitted by you or any third party.

 XIX. Copyright & Trademark

We and our suppliers and licensors maintain full intellectual property rights over all text, programs, products, processes, technology, content, and other materials displayed on this Website. Accessing this Website does not grant, and shall not be considered as granting, any license under any of our or any third party’s intellectual property rights. All rights, including copyright, within this Website are either owned by us or licensed to us. Any use of this Website or its contents, including copying or storing them, either in full or in part, for purposes other than your personal, non-commercial use, is strictly prohibited without our prior permission. You are not allowed to modify, distribute, or repost any content from this Website for any purpose. The names and logos of AV Herbarium, as well as all related product and service names, design marks, and slogans, are either trademarks or service marks of AV Herbarium or have been licensed to AV Herbarium. All other marks are the property of their respective companies, and you are not permitted to use or exploit them in any way. This Website’s access does not grant permission for anyone to use any name, logo, or mark that appears on the Website. References on this Website to any third-party names, marks, products, or services, or hypertext links to third-party websites or information, are provided solely as a convenience and do not imply any endorsement, sponsorship, or recommendation by us. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of materials on such websites. If you choose to link to any third-party websites, you do so at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written 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 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, either in whole or in part, any of the Content, the Website, or any related software. All software used on this Website is AV Herbarium’s property or the property of its suppliers and licensors, protected by Indian and international copyright laws. The Content and software on this Website may only be used as a shopping resource. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the Content on this Website, is strictly prohibited. Unless otherwise noted, all Content is copyrighted, trademarked, displays trade dress, and/or constitutes other intellectual property owned, controlled, or licensed by us, our affiliates, or third parties who have licensed their materials to us, and is 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 AV Herbarium and is also protected by Indian and international copyright laws. We do not offer counterfeit goods that contain trademarks or logos identical to or substantially indistinguishable from another trademark.

 1. Objectionable Material

You acknowledge that while using this Website or any of its provided services, you may come across Content that some individuals may find offensive, indecent, or objectionable. This Content may or may not be clearly identified as such. You agree to use the Website and its services at your own discretion and accept that, to the maximum extent permitted by applicable law, neither we nor our affiliates will be liable to you for any Content that you may personally consider offensive, indecent, or objectionable.

 XXI. Termination

This User Agreement remains in effect unless terminated by either party, you or us. You have the option to terminate this User Agreement at any time by notifying us in writing via the Indian postal system by registered post, expressing your desire to discontinue your association with this Website. To do so, you must also cease any further use of this Website. We reserve the right to terminate this User Agreement at any time, with or without notice, and consequently deny you access to the Website. Such termination will not result in any liability on the part of AV Herbarium. In the event of the User Agreement being terminated by either party, you or us, you must expeditiously delete all materials obtained from this Website, including any copies of such materials, whether acquired under the User Agreement or otherwise. Our rights concerning any Comments will persist despite the termination of this User Agreement. The termination of this User Agreement will not absolve you of any obligations related to the payment for products already ordered from the Website or affect any liabilities that may have arisen under the User Agreement.

 XXII. Limitation of Liability and Disclaimers

The Website is presented without any warranties or guarantees and is provided in its current “As Is” condition. You must assume the risks associated with using the Website. While we make an effort to ensure that the content featured on the Website is accurate, reputable, and of high quality, we cannot be held accountable if this is not the case. We will not be liable for any errors or omissions, or for any technical difficulties you may encounter while using the Website. It’s important to note that this disclaimer does not affect any product warranties offered by the manufacturer of the product, as specified in the product specifications.

This disclaimer is an integral part of this User Agreement. To the maximum extent permitted by applicable law, neither we nor our suppliers shall be held responsible for any indirect, incidental, special, consequential, or exemplary damages. These damages may include, but are not limited to, losses related to profits, goodwill, usage, data, or other intangible losses arising from or connected to the Website, its services, or this User Agreement. Without limiting the generality of the above section, our total liability to you for all claims arising from this User Agreement, whether in tort or contract, is limited to the total amount charged to you for the value of the products you ordered.

AV Herbarium, its associates, and technology partners do not make any representations or warranties regarding the accuracy, reliability, completeness, and timeliness of any content, information, software, text, graphics, links, or communications provided through the use of the Website. We also do not guarantee that the operation of the Website will be free from errors or interruptions. We accept no liability for any financial or other losses you may incur due to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website, or due to any interruptions or errors in the operation of the Website.

The images displayed on this website are intended for general informational purposes only. These images have been collected from various open sources that are readily available on the World Wide Web (www). While we strive to keep the information current and accurate, we do not make any express or implied representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of these images or the information, products, services, or related graphics presented on the website for any purpose. It’s important to note that any reliance you place on such information is entirely at your own risk.

We shall not be held liable for any loss or damage, including but not limited to indirect or consequential loss or damage, or any loss or damage whatsoever resulting from the loss of data or profits arising out of or in connection with the use of the images provided on the website.

This website provides access to images gathered from various open-source websites, and these sources are not within AV Herbarium’s control. We do not have authority over the content, nature, or availability of these open-source sites. The presence of any images or graphics on our website does not necessarily indicate our endorsement or recommendation of the viewpoints expressed therein.

While we make every effort to maintain the website’s smooth operation, AV Herbarium cannot be held responsible for and will not assume liability for any temporary unavailability of the website due to technical problems beyond our control.

XXIII. Website Security

You are not allowed to breach or attempt to breach the security of the Website, which includes, but is not limited to:

  • Accessing data that is not intended for you or logging into a server or an account that you are not authorized to access.
  • Trying to investigate, examine, or assess the vulnerability of a system or network or attempting to bypass security or authentication measures without proper authorization.
  • Trying to disrupt the service for any other user, host, or network, which includes, but is not limited to, methods like sending a virus to the Website, causing excessive load, engaging in ‘flooding,’ ‘spamming,’ ‘mail bombing,’ or ‘crashing.’
  • Sending unsolicited emails, including promotions or advertising of products or services.
  • You are prohibited from forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violating system or network security may lead to legal consequences, both civil and criminal. We will investigate any incidents that may involve such violations and may cooperate with law enforcement authorities in prosecuting users engaged in such violations.
  • Additionally, you agree not to disrupt or attempt to disrupt the proper functioning of this Website or any activities conducted on it. You also agree not to use or attempt to use any device, tool, software, agent, or other mechanism (including, but not limited to, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website, except for the search engine and search agents provided by AV Herbarium on this Website and generally available third-party web browsers (such as Google Chrome, Firefox, and Microsoft Internet Explorer).

“We have implemented suitable technical and security measures to prevent unauthorized access, accidental loss, or damage to your information. When we gather data through the Site, it is collected on a secure server using firewalls to protect your personal details. The Company does not access, store, or retain debit cards, credit cards, or any financial information. All transactions are conducted using Secure Server Software (SSL) with 128-bit encryption through third-party gateways. AV Herbarium’s role is limited to directing customers to these gateways or relevant web pages. Therefore, AV Herbarium is not accountable for any loss or damage resulting from the disclosure of Personal Information when using third-party gateways or websites.

AV Herbarium cannot be held liable for any loss or damage arising from the inadvertent or intentional disclosure of Personal Information related to the User’s account, information regarding online transactions using credit cards, debit cards, cash cards, net banking, or their verification process and details. Additionally, AV Herbarium is not responsible for any errors, omissions, or inaccuracies in the disclosed information. We employ physical, electronic, and procedural safeguards when collecting, storing, and disclosing your information. To safeguard your privacy and security, we verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are necessary for accessing your Account. It is your responsibility to protect against unauthorized access to your password and computer.”

XXIV. Entire Agreement

If any part of this User Agreement is deemed invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations mentioned above, the invalidated provision will be replaced with a valid and enforceable one that best reflects the original intent. The rest of the User Agreement will remain valid and in effect.

Unless explicitly stated otherwise in this agreement, this User Agreement constitutes the comprehensive agreement between you and us regarding the Websites and services. It supersedes all prior or contemporaneous communications and proposals, whether transmitted electronically, verbally, or in writing, between you and us concerning the Websites and services. Our decision not to take action in response to a breach by you or others does not waive our right to take action in response to subsequent or similar breaches.

 XXV. HEALTH-RELATED INFORMATION

The information found on the website is provided solely for informational purposes and should not be considered a substitute for advice from a medical professional or healthcare provider. It is not advisable to utilize the information on the website, including advice provided by healthcare or nutrition experts employed by or affiliated with AV Herbarium, for the purpose of diagnosing or treating any health condition or illness or for prescribing medications. Please note that statements about dietary supplements have not been evaluated by the Food and Drug Administration, and they are not intended to diagnose, treat, cure, or prevent any disease. Before using any product, carefully read the packaging for instructions. Individual results from the products may vary, and no single outcome should be regarded as typical.

Boosting the body’s natural immune system is essential for maintaining overall health. However, it’s important to understand that a robust immune system may not necessarily prevent the contraction of various infections. Research suggests that individuals with strong immune systems may have a better ability to combat various infections, but it does not guarantee immunity against all infections.

The suggestions provided by our Nutritionist may aid in enhancing your immune system. However, it’s crucial to understand that these recommendations should not be regarded as medical advice for the prevention or treatment of various infections. Compliance with these recommendations does not guarantee the successful prevention or treatment of such infections. Additionally, these suggestions should not be viewed as establishing a definitive standard of care or as an exhaustive list of appropriate methods for preventing or treating various infections.

If you are experiencing symptoms related to infections, it is essential to seek advice from a medical professional for proper medical guidance.

AV Herbarium holds no responsibility for any harm or injury to individuals arising from or connected to the use of recommendations provided by our Nutritionist or for any errors or omissions.

 

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