INTRODUCTION
OrderHealth.in ('Website') is an online
service owned, operated and managed by Toruk Maktu Pvt. Ltd. ('OrderHealth' or
'we' or 'us'). In using/accessing the 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 info@orderhealth.in or call us on
7291031498. 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.
OWNERSHIP
OF RIGHTS
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 the explicit permission
of OrderHealth. All information displayed, transmitted or carried on the
Website is protected by copyright and other intellectual property laws.
Copyrights and other intellectual property in respect of the some of the
content on the Website may be owned by the third parties. This site is
designed, updated and maintained by OrderHealth or its licensors. You shall not
modify, publish, transmit, transfer, sell, reproduce, create derivative work
from, distribute, repost, perform, display or in any way commercially exploit
any of the content available on the Website.
ACCURACY
OF CONTENT AND INVITATION TO OFFER
We have taken all care and precaution to try
and provide accurate data and information. In the preparation of the content of
this Website, to ensure that prices quoted are correct at time of publishing
and all products have been fairly described. The weights, dimensions and
capacities given are approximate only. We have made every effort to display as
accurately as possible the colors of our products that appear on the Website.
However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will accurately reflect the
color of the product on delivery.
All products/services and information
displayed on the Website constitute an invitation to offer. Your order for
purchase constitutes your offer which shall be subject to the terms and
conditions of this User Agreement. We reserve the right to accept or reject
your offer in part or in full. Our acceptance of your order will take place
upon dispatch of the product(s) ordered. Dispatch of all the product(s)
ordered, may or may not happen at the same time, in such a scenario that
portion of the order which has been dispatched will be deemed to have been
accepted by us and the balance would continue to be on offer to us and we
reserve the right to accept or reject such balance order. No act or omission of
OrderHealth prior to the actual dispatch of the product (s) ordered will
constitute acceptance of your offer. If you have supplied us with your email
address or phone number, we will notify you by email and/or phone number, as
the case may be, as soon as possible to confirm receipt of your order and email/contact
you again to confirm dispatch and therefore acceptance of the order.
GENERAL
TERMS OF USE
The general terms would be:
* Being eligible to use and by using the
website/ transacting on the Mobile App or through any other mode of
communication/ by making any purchase during the aforesaid tenure, User hereby
agree to be bound by this Terms of Use.
* User is hereby authorized to use the website
for lawful purpose and for the purposes as mentioned under the policies of the
OrderHealth and Google only, any violation to the policy will lead to strict
legal action against the User in terms of the policies and applicable laws.
*
OrderHealth strives to provide best prices possible on products and services to
users buying or availing from the Website. However, OrderHealth does not
guarantee that the price will be the lowest in the city, region or geography.
Prices and availability are subject to change without notice or any
consequential liability on the OrderHealth.
*
OrderHealth has a network of vendors and reserves the right to pass on the
orders to any of the vendor for fulfilment.
*
The prices displayed for each item under the promotion will be for the
respective days of promotion only and will not be applicable on any date prior
to or after the date of promotion
*
Every offer on Products shall be for limited stocks and are for limited
period(s). OrderHealth may at its sole discretion modify, extend, update or
withdraw the offers on products without prior notice to the Users. In such
events, the revisions will be updated on the website accordingly.
*
A promo code, once used shall not be refunded in case of cancellation of order
either by Customer or OrderHealth.
*
We don't run the promotions that prompt users to initiate a purchase, download,
or other commitment without first providing all relevant information and
without obtaining the user's explicit consent promotions that represent our
services in a way that is not accurate, realistic, and truthful.
*
All products sold on orderhealth.in through our sellers are genuine. All
sellers listing their products on orderhealth.in are required to enter an
agreement to list and sell only genuine products. And sellers determine the
prices of the products they sell. We guarantee the condition of the item you buy
when you purchase from sellers on orderhealth.in. However, this guarantee is
not applicable for manufacturing defects.
*
In case of Cash back offers extended by banks during the aforesaid period, user
will, in addition to this Terms of Use Policy, be governed by the Terms and
Conditions of the said bank/card issuer.
*
OrderHealth may, at any time due to various reasons, including but not limited
to technical errors, unavailability of stocks or for any other reasons
whatsoever, cancel the orders placed by Users. OrderHealth's decision of
cancellation of order shall be final and OrderHealth shall not be liable for
such cancellation(s) whatsoever.
*
Expected delivery time as mentioned on website may vary than the usual time of
delivery.
*
OrderHealth strives to provide accurate products, services and pricing
information, typographical and other errors may occur. If a product or service
is listed at an incorrect price or with incorrect information due to an error
in pricing or product or service information, OrderHealth may, at its
discretion, either contact User for instructions or cancel the User's order and
will notify the User about such cancellation.
*
OrderHealth shall have right to modify the price of a product or service any
time, without any prior information.
* Cancellation by OrderHealth: There may be certain orders
that OrderHealth is unable to accept and must cancel. OrderHealth reserves the
right, at its sole discretion, to refuse or cancel any order for any reason
whatsoever, without assigning any reason to the User, User accept and undertake
that the same is acceptable and he/ she/it will not contest/raise any dispute
on the same. The situations that may result in cancellation of User's order
includes, without limitation, non-availability of the product or quantities
ordered by User, non- availability of the service, inaccuracies or errors in
pricing information, or problems identified by OrderHealth's credit and fraud
avoidance department.
* OrderHealth may also require additional verifications or
information before accepting any order.
* OrderHealth will contact the User if all or any portion of
User's order is cancelled or if additional information is required to accept
the User's order. If the order is cancelled after credit card has been charged,
the said amount will be reversed back in User's credit card account.
* Cancellation by the User: In case of requests for order
cancellations, OrderHealth, at its sole discretion, reserves the right to
accept or reject requests for order cancellations for any reason whatsoever,
without assigning any reason to the User. As part of usual business practice,
if OrderHealth receives a cancellation notice and the order has not been
processed/ approved by OrderHealth, OrderHealth shall cancel the order and
refund the entire amount to User within a reasonable period.
* OrderHealth will not be able to cancel orders that have
already been processed, it is pertinent to note that the OrderHealth has the
full right to decide whether an order has been processed or not. User hereby
agree and undertakes that the decision taken by the OrderHealth is acceptable
to User and User shall not create any dispute on the decision taken by
OrderHealth on cancellation.
* OrderHealth reserves the right to cancel any orders that
classify as 'Bulk Order' as determined by OrderHealth as per certain criteria.
OrderHealth Reward Point or Promo Code used for placing the 'Bulk Order' will
not be refunded as per this cancellation policy. An order can be classified as
'Bulk Order' if it meets with the below mentioned criteria, which may not be
exhaustive, viz:
- Products ordered are not for self-consumption
but for commercial resale;
- Multiple orders placed for same product at the
same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details;
- Any malpractice used to place the order.
* OrderHealth Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user.
* Limitation of Liability: Under no circumstances
OrderHealth's liability shall exceed giving the User a replacement of the same
product/ alternate product of the same value.
* These terms and conditions are subject to Indian laws and
any dispute shall be subject to jurisdiction of the courts in New Delhi (India)
only.
USAGE
RESTRICTIONS
You shall not use the Website for any of the
following purposes:
* Disseminating any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable material.
* Transmitting material that encourages conduct that constitutes a
criminal offence, results in civil liability or otherwise breaches any relevant
laws, regulations or code of practice.
* Gaining unauthorized access to other computer/network systems.
* Interfering with any other person's use or enjoyment of the
Website.
* Breaching any applicable laws.
* Interfering or disrupting networks or websites connected to the
Website.
* Making, transmitting or storing electronic copies of materials
protected by copyright without the permission of the owner.
*
You are not permitted to host, display, upload, modify, publish, transmit,
update or share any information on the Website that:
- belongs to another person and to which you
do not have any right to.
- is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's
privacy, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever.
- harm minors in any way.
- infringes any patent, trademark, copyright or
other proprietary rights;
- violates any law for the time being in force.
- deceives or misleads the addressee about the
origin of such messages or communicates any information which is grossly
offensive or menacing in nature.
- impersonate another person.
- contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource including the Website.
- threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any cognizable offence
or prevents investigation of any offence or is insulting any other nation.
*
You are also prohibited from:
- violating or attempting to violate the
integrity or security of the Website or its content.
- transmitting any information (including job
posts, messages and hyperlinks) on or through the Website that is disruptive or
competitive to the provision of services by us.
- intentionally submitting on the Website any
incomplete, false or inaccurate information.
- making any unsolicited communications to other
users of the Website.
- using any engine, software, tool, agent or other
device or mechanism (such as spiders, robots, avatars or intelligent agents) to
navigate or search the Website.
- attempting to decipher, decompile, disassemble
or reverse engineer any part of the Website.
- copying or duplicating in any manner any of the
content on the Website or other information available from the Website.
- framing or hotlinking or deep-linking any
content on the Website.
QUANTITY
RESTRICTIONS
We reserve the right, at our sole discretion,
to limit the quantity of items purchased per person, per household or per
order. These restrictions may be applicable to orders placed by the same
account, the same credit/debit card, and to orders that use the same billing
and/or shipping address. We will provide notification 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 deem fit.
PRICING
INFORMATION
While we strive to provide accurate product
and pricing information, pricing or typographical errors may occur. We cannot
confirm the price of a product until after you order. If a product is listed at
an incorrect price or with incorrect information due to an error in pricing or
product information, we shall have the right, at our sole discretion, to refuse
or cancel any orders placed for that product, unless the product has already
been dispatched. If an item is mispriced, we may, at our sole discretion,
either contact you for instructions or cancel your order and notify you of such
cancellation. Unless the product ordered by you has been dispatched, your offer
will not be deemed accepted and we will have the right to modify the price of
the product and contact you for further instructions using the e-mail address
or the contact number provided by you during the time of registration, or
cancel the order and notify you of such cancellation.
In the event we accept your order, the same shall
be debited to your credit/debit card account and duly notified to you by email
or the contact number, as the case may be, that the payment has been processed.
The payment may be processed prior to dispatch of the product that you have
ordered. If we must cancel the order after we have processed the payment, the
said amount will be reversed back to your credit/debit card account. We strive
to provide you with best value, however prices and availability are subject to
change without notice. Our promotional offers/discounts are not site-wide and
are limited to selected categories. Coupon codes may not be applicable on
categories like diapers, baby food etc. or such other product or service as may
be determined by us in 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). We shall not be liable to any person
for any loss or damage which may arise from the use of any of the information
contained in any of the materials on this Website. This User Agreement and any
contractual obligation between us and you will be governed by the laws of
India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes
will be subject to arbitration in New Delhi 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 harmless OrderHealth, its
employees, directors, officers, agents and their successors and assigns from
and against any and all claims, liabilities, damages, losses, costs and
expenses, including attorney's fees, caused by or arising out of claims based
upon your actions or inactions, which may result in any loss or liability to OrderHealth
or any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfillment 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 statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service 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
Use of the Website is available only to
persons who can form legally binding contracts under applicable law. Persons
who are "incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including un-discharged insolvents etc. are not eligible to
use the Website. We reserve the right to terminate your membership and refuse
to provide you with access to the Website at our sole discretion. The Website
is not available to persons whose membership has been suspended or terminated
by us for any reason whatsoever. 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 be
liable for any claims relating to any products ordered from outside India.
Some Indian states prohibit direct sale of
merchandise from other states and require special documentation to affect; such
a sale without dual taxation, if we receive an order 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 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 personal information, is voluntary. You have the right to
withdraw your consent at any time, 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 the data about you 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 analyze
overall trends to help us improve our service. The Website uses temporary
cookies to store certain data (that is not sensitive personal data or
information) that is used by us and our service providers for the technical
administration of the Website, research and development, and for
administration. During 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 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 to,
or viruses that may infect your equipment because your 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. We do not exercise 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,
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 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 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. 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 the right, 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 proper administration of the service.
PROMOTIONAL
COMMUNICATIONS
"We may also send you other information
about us, the Site, our 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 or 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 Customer support
service".
FINANCIAL
DETAILS
You agree, understand and confirm that the
credit/debit card details or other financial details provided by you for
availing of services on the Website will 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 will not be
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. 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, postcards,
suggestions, ideas, and other submissions disclosed, submitted to us on or by
this Website or otherwise disclosed, submitted or offered about 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 libelous 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 about 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 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 OrderHealth names and logos and all
related product and service names, design marks and slogans are the trademarks
or service marks of OrderHealth or licensed to OrderHealth. 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 about 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 does 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 because 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 OrderHealth 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 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 OrderHealth 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.
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 fully 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, if 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 OrderHealth. 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
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. Fully 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 about 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.
OrderHealth, 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 by 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 because
the delay, failure, interruption, or corruption of any data or other information
transmitted about 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 (www).
We endeavor 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 about the use of the images
available on the website.
Through this website, you can get/find the images available through various open source websites, which are not under the control of OrderHealth. 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.
Every effort is made to keep the website up and running smoothly. However, OrderHealth takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
WEBSITE
SECURITY
You are prohibited from violating or
attempting to violate the security of the Website, including, without
limitation:
- Accessing data not intended for you or
logging onto a server or an account which you are not authorized to access.
- Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization.
- Attempting to interfere with service to any
other user, host or network, including, without limitation, via means of
submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail
bombing' or 'crashing.
- Sending unsolicited email, including promotions
and/or advertising of products or services.
- Forging any TCP/IP packet header or any part of
the header information in any email or newsgroup posting. Violations of system
or network security may result in civil or criminal liability. We will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of this
Website or any activity being conducted on this Website. You agree, further,
not to use or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search this Website other than the search
engine and search agents available from OrderHealth on this Website and other
than generally available third party web browsers (e.g., Google Chrome,
Firefox, Microsoft Internet Explorer).
- "We have in place appropriate technical and
security measures to prevent unauthorized or unlawful access to or accidental
loss of or destruction or damage to your information. When we collect data
through the Site, we collect your personal details on a secured server through
firewalls. The Company does not access, store or keep debit card data or credit
card data and or any financial information. All transactions done using Secure
Server Software (SSL) for 128-bit encryption through third party gateways and
OrderHealth plays no role in the transaction, except for directing the
customers to gateways or relevant webpage(s). Accordingly, OrderHealth shall
not be responsible or liable for any loss or damage due to any disclosure
whatsoever of Personal Information while using the third-party gateways and or
website. OrderHealth shall not be liable for any loss or damage sustained
because of any disclosure (inadvertent or otherwise) of any Personal
Information concerning the User's account and/or information relating to or
regarding online transactions using credit cards/debit cards/cash cards/net
banking and/or their verification process and particulars nor for any error,
omission or inaccuracy with respect to any information so disclosed and used.
We maintain physical, electronic and procedural safeguards about the
collection, storage and disclosure of your information. To protect your privacy
and security, we will 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 required to access your Account. You are
responsible for protecting against unauthorized access to your password and to
your computer."
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 you 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 reach us at info@orderhealth.in. Redressal
of users’ grievances will be expedited within 1 month from the date of receipt
of grievance.
HEALTH RELATED INFORMATION
The information contained in the Website is provided for
informational purposes only and is not meant to substitute for the advice
provided by your doctor or other health care 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 OrderHealth) 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 (FDA) 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 typical.
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