Terms Of Use
The contents of this website are for information purposes only. Users are required to verify the information from qualified authoritative persons before use. Neither SM Ayurved Pvt. Ltd. nor the website developer are responsible for any consequences that may arise out of using such information without verification or confirmation.
Our products are not intended to diagnose, treat, cure or prevent any disease and rather are supplements and products for management for lifestyle issues and to improve the quality of life.
The information mentioned herein is based upon the scientific literature available for ingredients used in our products. A consultation with a physician or medical practitioner is always recommended as a priority to be followed by everyone to manage their lifestyle or medical issues.
Pregnant and nursing women should also consult a physician before consuming these products as a precaution. We are not suggesting treatments or cures but only providing supplements and products as an aid to improving quality of life and boosting ones immunity as per scientific literature and research available for the ingredients of the same.
No contents or portion of the contents or graphics, pictures or presentations in this site may be used without explicit written permission in writing from SM Ayurved Pvt.Ltd. Usage of contents or parts thereof without verifiable and expressed permission from SM Ayurved Pvt.Ltd. will attract legal consequences.
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions relating / pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.smayurved.com website.
Any use by you of SM Ayurved website www.smayurved.com and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of SM Ayurved Pvt Ltd and of our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours India Standard Time 17th Nov 2015 (“User Agreement”). www.smayurved.com is an internet based portal owned and operated by SM Ayurved Pvt Ltd , a company incorporated under Companies Act, 1956 having its registered office at 2056, Sahil Complex, Nagar road, Bhoom, Maharashtra, 413504. India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require ‘“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “SM Ayurved” shall mean SM Ayurved Pvt Ltd and includes its associates, affiliates and subsidiary (ies).
The use of the Website is offered to you is conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by SM Ayurved at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Buy Now’ button or clicking on the “submit “ button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Osmanabad District, and more specifically at Bhoom.
Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the “check box ” and/or on the “continue” button and/or “Buy Now” button and /or the “submit “ button and do not seek to obtain access to or otherwise use the Website.
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, product purchases etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non- exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by www.smayurved.com Rules and Policies as provided from time to time in the following hyperlinks:
Product Return and Refund Policy
Privacy Policy
Buyback Policy
Product Shipping Policy
Disclaimer and other Rules
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind your business entity to this User Agreement.
You agree, inter alia, to: (i) Provide true, accurate, current and complete information about yourself as prompted by smayurved.com’s registration form or provided by you as Guest User (such information being the “Registration Data”) (ii) You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and (iii)Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iv) You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and (v) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or smayurved.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, smayurved.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. smayurved.com shall not be liable for any loss or damage arising from your failure to comply with this Clause 2(iii). Electronic Execution and Communications When you use the Website or send emails or other data, information or communication to smayurved.com, you agree and understand that you are communicating with smayurved.com in through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other smayurved.com . You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
LIMITATION OF LIABILITY
In no event shall smayurved.com or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, 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 agreement (however arising, including negligence).
smayurved.com ‘s liability in any circumstance is limited to the amount of fees, if any, paid by you to smayurved.com , SM Ayurved Pvt Ltd, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, smayurved.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
(b) Any interruption or errors in the operation of the Website.
INDEMNITY CLAUSE
You agree to indemnify and hold harmless smayurved.com and (as applicable) smayurved.com parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by smayurved.com , made by any third party arising out of your breach or non-performance of terms of the User Agreement, smayurved.com Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
GENERAL
6.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and smayurved.com and you shall have no authority to bind smayurved.com in any manner whatsoever.
6.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of smayurved.com to SM Ayurved Private Limited , Attn: Legal Department, at smayurved.com at 2056, Sahil Complex, Nagar Road, Bhoom, Osmanabad, Maharashtra, (in the case of smayurved.com ) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
6.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
6.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and smayurved.com with respect to the subject matter hereof.
6.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. smayurved.com may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent.
6.6. Disputes Resolutions: Generally, transactions are conducted smoothly on smayurved.com. However in case of an issue, we have a Dispute Resolution process in order to resolve disputes.
How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any transaction, the users can write to support@smayurved.com in order to raise a dispute
6.7. Grievance Officer: In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Legal department
smayurved.com
2056, Sahil Complex, Nagar Road, Bhoom, Osmanabad, Maharashtra, 413504
Email: support@smayurved.com
ARBITRATION CLAUSE
If any dispute arises between you and smayurved.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by smayurved.com. The place of arbitration shall be New Delhi , India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
GOVERNING LAW and JURISDICTION
The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and SM Ayurved shall be subject to the exclusive jurisdiction of courts at Osmanabad , India.