TERMS AND CONDITIONS

Eherbcart is an online service owned, operated and managed by Eherbcart. 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 customercare@ Eherbcart.com. 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.

WE URGE YOU TO READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

1. General

Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Eherbcart at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1. Products

2.1. The Website is a platform that facilitates the online purchase of products (“Products”) offered by Eherbcart. Eherbcart are the sellers of Products on the Website and will be solely responsible to you for the Products sold and purchased by you through the Website.

2.2. Eherbcart is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge that Eherbcart has the right to change or discontinue sale of any Product at any time, without notice. You further acknowledge that Eherbcart may add or modify the procedures, modes, processes or conditions at any time to adapt to changes that Eherbcart may make to the Products. You agree that Eherbcart shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product(s).

2.3. While availing Eherbcart, User acknowledges and agrees that information provided by Eherbcart anywhere on the Website is indicative only. In any case a User is not bound by any contract. It is recommended that the User records the price and the Product, for no further issues. Eherbcart in any case will not be held responsible for any such issues.

PLEASE NOTE: We (Eherbcart Products) under any circumstances will not have any responsibility to user or liability to user.

1. Eligibility

3.1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of this Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and/ or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

3.2. Eherbcart reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3. You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.

1. User Account, Password, and Security

4.1. The services available to you through the Website only if you have provided Eherbcart certain required User information and created an account (“Account”) through Eherbcart  ID and password or other log-in ID and password, including but not limited to a facebook, gmail or any other valid email ID (collectively, the “Account Information”).

4.2. The Website requires you to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Eherbcart of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Eherbcart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4.3. You may be held liable for losses incurred by Eherbcart or any other user of or Visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.

4.4. The Website also allows restricted access to the services for unregistered Users.

4.5. You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the services is expressly prohibited.

4.6. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Eherbcart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eherbcart has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).

1. User Obligations

5.1. Subject to compliance with the Terms of Use, Eherbcart grants you a non-exclusive, limited privilege to access and use this Website and the Products listed therein.

5.2. You agree to use the services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you access on the Website in accordance with Section 7.

5.4. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Eherbcart. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

5.5. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Eherbcart disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed under Section 17 herein.

5.6. If the Website allows you to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

1. a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
2. b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
4. d) Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
5. e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
6. f) Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Eherbcart server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
7. g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Eherbcart, including any Eherbcart  Account not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
8. h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
9. i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
10. j) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Eherbcart or other third parties;
11. k) Conduct or forward surveys, contests, pyramid schemes or chain letters;
12. l) Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
13. m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
14. n) Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
15. o) Violate any applicable laws or regulations for the time being in force within or outside India;
16. p) Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
17. q) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

5.7. You agree that you are solely responsible to Eherbcart and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Eherbcart or its affiliates or its service providers (if any) may suffer for any such breach).

5.8. You agree that Eherbcart may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

1. Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. Lack of authorization for any transaction/s; or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”; or
3. Any payment issues arising out of the transaction; or
4. Decline of transaction for any other reason/s.

Transaction of any voucher/products will take minimum of 2 working days. Eherbcart.com reserves the right to hold any transaction in case they find transaction to be suspicious.

All payments made against the purchases/services on Eherbcart.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Eherbcart.com does not accept any other form of currency with respect to the purchases.

1. Delivery

Eherbcart will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Eherbcart reserves the right to cancel the order(s) at its discretion. An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to

7.1. bad weather.

7.2. light delays.

7.3. political disruptions.

7.4. wrong or incomplete addresses.

7.5. other unforeseen circumstances

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

1. COUPON REDEMPTION

Coupon redemption is purely subjected to standard and specified terms and conditions mentioned therein.

This Terms of Use supersedes any offer related to Eherbcart.

1. Intellectual Property Rights

9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Eherbcart  and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

9.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Eherbcart or respective third parties. You are not permitted to use the Marks without the prior written consent of Eherbcart or the third party that may own the Marks.

9.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Eherbcart Products Private Limited owns all intellectual property rights to and into the trademark “Eherbcart”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source codes, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Eherbcart or thirty party owner of such Content.

10 .Third Party Content

The Website may make available general third party information such as, product catalogues, lists of authorized dealers, and reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content may also be available to you on the email received by you from Eherbcart. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Eherbcart does not provide any guarantee with respect to any the Third Party Content and Eherbcart shall not be held liable for any loss suffered by you based on your reliance on or use of such data.

1. Disclaimer of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1. THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY EHERBCART ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EHERBCART MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE O WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EHERBCART SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EHERBCART WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EHERBCART ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

11.3 EHERBCART WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. EHERBCART HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT EHERBCART NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. EHERBCART SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, EHERBCART SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND EHERBCART’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. EHERBCART IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EHERBCART ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11.4. EHERBCART SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

1. Indemnification and Limitation of Liability

12.1. You hereby agree to indemnify, defend and hold harmless EHERBCART including but not limited to its affiliate, service providers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by EHERBCART that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold EHERBCART harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

12.2. Notwithstanding anything to contrary, EHERBCART’s entire liability to you under this Terms of Use or otherwise shall be the refund of the money charged from you for any specific voucher or product or service, under which the unlikely liability arises.

12.3. In no event shall EHERBCART, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not EHERBCART has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website, services or materials.

12.4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

1. Violation of the Terms of Use

13.1. You agree that EHERBCART may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if EHERBCART determines that you have violated these Terms of Use or Additional Terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to EHERBCART, for which monetary damages would be inadequate, and you consent to EHERBCART obtaining any injunctive or equitable relief that EHERBCART deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EHERBCART may have at law or in equity.

13.2. You agree that EHERBCART may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Website or any products offered on or through the Website; or (4) unexpected technical issues or problems.

13.3. If EHERBCART does take any legal action against you as a result of your violation of these Terms of Use, EHERBCART will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to EHERBCART.

1. Termination

14.1. The Terms of Use will continue to apply until terminated by either you or EHERBCART as set forth below. If you want to terminate your agreement with EHERBCART, you may do so by (i) not accessing the Website; or (ii) closing your accounts, where EHERBCART has made this option available to you.

14.2. EHERBCART may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with you if: you breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same); EHERBCART is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); The provision of the services to you by EHERBCART is, in EHERBCART’s opinion, no longer commercially viable; EHERBCART has elected to discontinue, with or without reason, access to the Website, the Products (or any part thereof); or

14.3. EHERBCART may also terminate or suspend all or a portion of your Account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Product, termination of your Account may include: (i) removal of access to all offerings within the Website or with respect to the Products; (ii) deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account (or any part thereof); and (iii) barring of further use of the services.

14.4. You agree that all terminations shall be made in EHERBCART’s sole discretion and that EHERBCART shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information), or your access to the Website.

14.5. Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until EHERBCART chooses to terminate them.

14.6. If you or EHERBCART terminates your use of the Website, EHERBCART may delete any content or other materials relating to your use of the Website and EHERBCART will have no liability to you or any third party for doing so.

1. Governing Law

15.1. These Terms of Use and all transactions entered into on or through the Website and the relationship between you and EHERBCART shall be governed in accordance with the laws of India without reference to conflict of laws principles.

15.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between you and EHERBCART shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and you hereby accede to and accept the jurisdiction of such courts.

1. Report Abuse

In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Website, please report to “info@eherbcart.com”

1. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of EHERBCART in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

1. Communications

18.1By accepting the Terms the User accepts that EHERBCART may send the alerts to the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User. The User acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get/ get after delay any alerts sent during such period.

EHERBCART will make best efforts to provide the sale of Products and it shall be deemed that the User shall have received the information sent from EHERBCART as an alert on the mobile phone number provided during the course of order and EHERBCART shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold EHERBCART liable for non-availability of the service in any manner whatsoever.

The User acknowledges that the SMS service provided by EHERBCART is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the User observes any error in the information provided in the alert, EHERBCART shall be immediately informed about the same by the User and EHERBCART will make best possible efforts to rectify the error as early as possible. The User shall not hold EHERBCART liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility. The User acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. EHERBCART shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

The User agrees to indemnify and hold harmless EHERBCART and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which EHERBCART and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the User, (ii) the User providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the User receiving any message relating to the order number, booking confirmation, modification to a order, cancellation of order, change in delivery schedule, delay, and/or rescheduling from EHERBCART and/or the SMS service provider.

User also agrees to receive information regarding what EHERBCART perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the User does not want such information, they have to explicitly ask to be excluded.

By accepting the terms and conditions the User acknowledges and agrees that EHERBCART may call the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User, for the purpose of collecting feedback from the User regarding their order.

Grievances and claims related to the order should be reported to EHERBCART support team within fifteen (15) days of your order date.

18.2. A User can unsubscribe/ opt-out from receiving communications from EHERBCART.

1. General Provisions

19.1. Notice: All notices of EHERBCART will be served by email or by general notification on the Website. Any notice provided to EHERBCART pursuant to the Terms of Use should be sent to [info@purenutrition.me]

19.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. EHERBCART’s rights under the Terms of Use are freely transferable by EHERBCART to any third parties without the requirement of seeking your consent.

19.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

19.4. Waiver: Any failure by EHERBCART to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by EHERBCART of that provision or right.

1. Copyrights and Trademarks

EHERBCART grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case EHERBCART gives consent for the same. The EHERBCART logo and other names, logos, icons and marks identifying our products and services are trademarks and property of EHERBCART.com and may not be used without our written permission. All rights not expressly granted in these Terms of Use are reserved to EHERBCART.com. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

1. Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the EHERBCART, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that EHERBCART cannot and does not guarantee or warrant that files available for downloading through the Website will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

1. Modification of this Agreement

EHERBCART reserves the right to change, modify, add, or remove portions of these Terms of Use (each, a “change”) at any time by posting notification to the Website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the services. For certain changes, EHERBCART may be required under applicable law to give you advance notice, and EHERBCART will comply with such requirements.

1. Waiver

The failure of EHERBCART to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by EHERBCART.

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 EHERBCART. 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 EHERBCART 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.

Shipping & Delivery

Eherbcart  will ensure that your order is processed and safely delivered. Eherbcart  will aim to dispatch all orders within 2-3 business days. Orders will be dispatched through reputable courier services available in India. In some cases, Eherbcart will ship products to the nearest available location, if and only if your area not covered by courier service.

Unless otherwise specified, Eherbcart will ship all products free of cost. In the event that shipping charges are applicable, they will be clearly mentioned at the time of purchase. Products will be shipped only within India.

The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Eherbcart and the terms “You” /”Your” / “Yourself” refer to the users.

This Privacy Policy is an electronic record in the form of an electronic contract formed under the information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature.

This Privacy Policy is a legally binding document between you and us (both terms defined below). The terms of this Privacy Policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the I accept tab or by use of the website or by other means) and will govern the relationship between you and us for your use of the website “www.eherbcart.com” (defined below).

This document is published and shall be construed in accordance with the provisions of the Information Technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 under Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of sensitive personal data or information.

Please read this Privacy Policy carefully by using the Website, you indicate that you understand, agree and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by us as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

USER INFORMATION 

To avail certain services on our Websites, users are required to provide certain information for the registration process namely: – a) your name, b) email address, c) sex, d) age, e) PIN code, f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience.

All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services (including advertising services) and for developing new services

Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.

COOKIES
To improve the responsiveness of the sites for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.

Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.

LINKS TO THE OTHER SITES
Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible in way for your use of such sites.

INFORMATION SHARING
We shares the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:

(a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.

(b) We proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

INFORMATION SECURITY
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However the internet is an ever evolving medium. We may change our Privacy Policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.

CANCELLATION, RETURN & REFUND POLICY

Should you wish to return all or part of your order, you need to inform us within 2 business days of receipt of the package. You can inform us by writing to us at customercare@eherbcart.com.

Returns will only be accepted for products that have been damaged in transit or products that have physical defects. Return requests will be validated over the phone and instructions on how to return the product will be provided via a confirmation email. The product (s) should be returned within 7 working days of receiving the confirmation email. On receipt of the returned product, EHERBCART will proceed to inspect the same and validate the claim. Once approved as an eligible return, a refund or replacement will be issued. If the product is found to not be eligible for return, the product will be couriered back to you. The inspection and validation of the claim will take place within 7 working days of receipt of the returned product (s). Refund cheques will be made in the registered name of the customer only.

You will be updated throughout the return process at the following stages:

1. A validation call on receipt of the return request
2. Instructions via a confirmation email following the validation call
3. Confirmation of receipt of the returned product
4. Update on inspection and validation of the claim within 7 business days of receipt of the product

As all products offered by EHERBCART are nutritional products for ingestion, products once opened will not be eligible for replacement or a refund. The onus of evaluating suitability of a product for a particular lifestyle, state of health or preference lies entirely with you. All information relating to product ingredients and known potential allergen warnings are listed on individual product pages.

Cancellations
Cancellations will be possible provided an order has not been shipped. Orders once shipped cannot be cancelled.