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Terms and Conditions

Terms and Conditions:

 

Introduction:

Sundyotalifecare.com ('Website') is an online service that is owned, operated and managed by Sundyota Numandis Probioceuticals Private Limited (‘Sundyota Lifecare', or 'We' or 'us'). You are deemed to have accepted the terms and conditions of the below listed agreement (‘User Agreement’) (which may be revised from time to time) upon accessing the Website. This User Agreement is for indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. In case, you have any questions and queries about the terms and conditions mentioned in the User Agreement, or you wish to make any comments or complaints on or about the Website, you may please email us at availability@sundyotanumandis.com or call us on +917201818111. Without any obligations to inform and update you, We reserve the rights to change the terms and conditions of the User Agreement as applicable and when required. It would be your responsibility to look through them as often as possible.

 

Rights of Ownership:

Copying or storing the contents of this Website, in whole or part, other than your own personal, non-commercial information is prohibited without the explicit permission of Sundyota Lifecare. The Website content and all the information displayed, mentioned, transmitted or carried is protected by the copyright and other intellectual property laws. The third parties may own some of the content of the Website with respect to copyrights and other intellectual property. This Website is designed, maintained and updated by us and our licensors. Any of the content available on the Website shall not be modified, published, carried, transmitted, transferred, reproduced, distributed, reposted or displayed in any way commercially exploit

 

Accuracy of content and invitation to offer:

All the care and precautions are taken by us to provide validated accurate data and information. All prices quoted are correct at the time of publishing the Website, and will be updated time to time, and all details about products have been fairly described by us. All prices mentioned are maximum retail price (MRP) in Indian currency and are inclusive of GST. The actual packaging received may vary from that displayed (in colours or shapes), all other information is accurate about products. However, We have taken enough precautions and efforts to display all the packs as accurately as possible with respect to colours of our products that appear on the Website. Please understand that the display of your screen / monitor may be different; and thus the actual product colour may vary from what is seen on your monitor. The display of all products/services and information on the Website constitute an invitation to offer. Your order of purchase of any product/products is subject to the terms and conditions of this User Agreement. The final rights to accept or reject your offer shall remain reserved with us. Once We dispatch the product(s) ordered, it shall be deemed as our acceptance of your order. The dispatch of all the products orders may or may not be possible or manageable at the same time. In such a case, whatsoever part or portion of the product has been dispatched, shall be deemed to have been accepted by you The remaining part or portion of the order would continue to be on offer to us and We reserve the rights to process or reject the same. Prior to the actual dispatch of the product/s no act or omission of Sundyota Lifecare will constitute acceptance of your offer. The receipt of your order will be intimated to you as soon as possible by email and/or phone number, if you have supplied your contact details to us. As the case may be, the dispatch related information shall also be notified to you from time to time.



General Terms of Use:

o    Any product/s ordered for resale / commercial purpose and not for self-consumption

o    Multiple orders placed for the same product/s; at the same delivery address

o    Bulk quantity of the same product/s ordered

o    Any malpractice used to place the order

 

Usage Restrictions:

The User shall not Use the Website for any or all of the following purposes:

 

o    Disseminating any unlawful, harassing, vilifying, offensive, intimidating, harmful, vulgar, obscene, or otherwise objectionable material.

o    Transmitting the data or material that encourages or invites conduct that constitutes a criminal offence, resulting in civil liability or otherwise breaches any relevant laws, regulation, code of practice/s

o    Accessing the computer / network system for gaining an unauthorised access of the Website or interfering or disrupting networks or Websites connected to the Website

o    Causing obstacle or interfering with any other person’s Use or access to the Website

o    Breach of any applicable laws

o    Making, transmitting or storing electronic copies of any or all of the material available on the Website and protected by copyright, without the permission of the owner or us.

 

You are not permitted to host, upload, modify, publish, display, update or transmit any information of this Website either as whole or in part that…

·         Belongs to any other person, which you do not have any right to

·         Is inaccurate, harmful, harassing, blasphemous, obscene, defamatory, pornographic, paedophilic, libellous, invasive of any other person’s privacy, hateful, political or racially, ethnically objectionable, disparaging, relating or  encouraging unlawful act and/or money laundering or gambling in any manner whatsoever

·         Harm minors in any way

·         Infringes any patent, trademark, copyright or other proprietary rights

·         Violates any applicable law for the time being in force

·         Impersonate another person/s

·         Contains any harmful computer code, inappropriate files or programs and software viruses designed to interrupt, destroy, steal the data or limit the functionality of any of the computer resource/s including the Website

·         Threatens the unity; defence, security, integrity or sovereignty of India; friendly and healthy relations with foreign states, or public order/s or causes incitement to the commission of any cognisable offense or prevents investigation of any offence or is insulting to any other nation

 

You are also prohibited from:

 

 

Quantity Restrictions:

Sundyota Lifecare reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions are applicable to orders placed by the same account, the same credit / debit card, same UPA payment accounts and also to orders that Use the same billing and/or shipping address. The same will be considered as ‘Bulk Orders’ and liable for cancellation and action as mentioned in this Terms of Use. We will notify to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as We may not deem fit.

 

Pricing Information:

While We endeavour to always provide accurate product and pricing information; pricing or typographical errors may occur, which are unavoidable at times. At any place where product/s is/are listed with an incorrect price or with incorrect information due to any error whatsoever, Sundyota Lifecare shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/s, unless the product has already been dispatched. In such event, We may, at our sole discretion, either contact you for instruction or cancellation of your order ad notify you about the same. Unless in an event, where product you bought is already dispatched, your offer to buy the product/s will not be deemed accepted and We will have the right to modify the price of the product/s and contact the User for further instruction; modification and/or cancellation of the order; using the contact details such as mobile number and/or email address provided by the User. In case We accept your order, the same shall be debited to your credit / debit card account and will be duly notified to you by email or the contact number, as the case may be, that the payment has been processed, the said amount will be reversed back to your credit / debit card account. We strive to provide you with the best value; however prices and availability are subject to change without notice. Our promotional offers / discounts / coupons and any reward points are not site-wide, and are limited to selected products/categories. The same will be decided by us at our sole discretion.

 

Indemnity:

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). Sundyota Lifecare shall not be liable to any person/s or the User/s or for any loss, or damage arising from the use of any of the information; displayed in any of the information or materials on sundyotalifecare.com. The contractual obligation between us and You, for the User Agreement will be governed by the applicable Laws in India, subject to the exclusive jurisdiction of Courts in Ahmedabad (Gujarat, India). All or any dispute will be subject to arbitration in Ahmedabad (Gujarat, India) in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

 

You agree to defend, indemnify and hold Sundyota Lifecare, its employees, owners, promoters, directors, officers, agents and their successors and assigns against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, arising out of claims bases upon your actions or inactions, which if results in any loss or liability to us or any third party including but not limited to breach of any of the warranties, representations or undertakings or in relation to the non-fulfilment of any of any of your obligations under this User Agreement, or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of any statutory dues and/or taxes, claim of libel or defamation or violation of rights of privacy or publicity, loss of services by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

Eligibility to Use:

The use of the Website is available only to those persons, who can form legally binding contracts under the applicable Laws in India. All those, who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents etc. are not allowed and eligible to use the Website. Sundyota Lifecare reserves all rights to terminate the membership of the User and refuse to provide the User with access to the Website, at its sole discretion. To those whose membership has been suspended or terminated for any reason whatsoever, the use of the Website is not available. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for Use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not either entertain or be liable for any claims relating to any products ordered from outside India, such orders will be deemed cancelled and will not be delivered. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, in the event of receiving such order/s from such states or to be delivered to such states under such circumstances We retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such Use are responsible for compliance with local laws if and to the extent local state laws are applicable. We make no representation that any products or services referred to in the materials on this Website are appropriate for Use, or available outside India. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

  

Privacy:

IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.

 All the information provided to us by you, including sensitive and/or personal information, is voluntary. You have all the rights to withdraw your consent at any time, without prior notice, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive.

 

You can access, modify, correct and eliminate your personal and/or sensitive data which has been collected pursuant to your decision to become a User of the Website. If you update any information relating to you, We may keep a copy of the information which you originally provided to us in its archives.

 

Due to the communications standards on the Internet, when you visit the Website, We automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you Used to access the World Wide Web), your computer operating system and type of Web browser you are Using, email patterns, as Well as the name of your internet service provider (ISP). This information is used to analyse overall trends to help us improve our service.

 

www.sundyotalifecare.com uses temporary cookies to store certain data (that is not sensitive and/or is personal data or information) that is used by us and/or our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, We may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.

 

We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.

 

We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT Use personally identifiable information to target ads.

 

We assume no responsibility, and shall not be liable for, any damages or viruses that may infect your system/computer or mobile on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

 

This privacy policy applies to Websites and services that are operated and managed by us only. We do not exercise any sort of control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, which is beyond our control, collect data or solicit personal information from you, for which We are not responsible or liable. Accordingly, We do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such Websites, nor do We guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such Websites. The inclusion or exclusion does not imply any endorsement by us of the Website, the Website's provider, or the information on the Website. We encourage you to read the privacy policies of that Website.

  

The Website may enable you to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.

 We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties, in any case, without your permission or except when required by law. Notwithstanding the above, We may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that We will respond to them appropriately. Whatsoever, We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.

 

Refusal of service:

We reserve the right to refuse service to anyone at any time. We reserve all the rights, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or creates such threat, or disrupts proper administration of the services.

 

Promotional Communications

We may also send you other information about us, our Website, other Websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that We send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday nor Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction We will cease to send you information as requested. In case of any clarity you can contact our Customers support service i.e. +91 7201818111 or availability@sundyotanumandis.com

 

Financial Details:

As a User, you agree, understand and confirm that the credit / debit card details, UPA payment details or other financial details provided by you for availing of services on the Website must be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We do not store any such information on our Website or our server/s. We shall not be made liable for any credit / debit card fraud. The liability for Use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

 

Communication:

When you visit the Website or send emails to us, you are communicating with us electronically. In such case, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

 

Website feedback, User comments and User generated content:

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, (either by official email on our email id availability@sundyotanumandis.com) 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; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to Use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

Copyright & Trademark:

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 in any case or event 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 Sundyota Lifecare. 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 whatsoever. Sundyota Lifecare names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Sundyota Lifecare or licensed to Sundyota Lifecare. 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 appear 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 Sundyota Lifecare or its suppliers and licensors and is 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 are 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 Sundyota Lifecare and is also protected by Indian and international copyright. We don't offer any counterfeit goods containing a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.

 

Objectionable Material:

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, We and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

 

Termination:

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Sundyota Lifecare. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

 

Limitation of Liability and Disclaimers:

ww.sundyotalifecare.com 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. Sundyota Lifecare, its associates and technology partners make no representations or warranties about the correctness, 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.

 

The Images contained in this Website is for general information purposes only. The said images have been sourced through the various open sources available in general on the World Wide Web (w.w.w.). We endeavour to keep the information up to date and correct, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the images or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the images available on the Website.

 

Through this Website you are able to get/find the images available through various open source Websites, which are not under the control of Sundyota Lifecare. We have no control over the nature, content and availability of those open source sites. The inclusion of any images/ graphics does not necessarily imply a recommendation or endorse the views expressed within them in any matter.

 

Every effort is made to keep the Website up and running smoothly. However, Sundyota Lifecare takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.

 

Website Security:

The User is prohibited from violating or attempting to violate the security of the Website, including, without limitation:

 

 

Entire Agreement:

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between User and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 

Contact Information:

If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:

 

HEALTH RELATED INFORMATION:

The information contained in the Web Site is provided, presented and displayed for informational purposes only and is not meant to substitute for the advice provided by your doctor or other healthcare professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Sundyota Lifecare) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding nutraceuticals and 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 packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.