Terms & Conditions

Definitions

The following words and terms, whenever used in this Agreement, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below.

“Applicable Law” means treaties, conventions, statutes, laws, legal requirements, rules, regulations, ordinances, codes, judgments, injunctions, orders or other requirements of any Governmental Authority; all being of the Republic of India.

“Bulk Order” shall mean any order negotiated directly with BadariyaPharmaceuticals for the purchase of goods.

“Company” or “Us” or “We”, shall mean and include BadariyaPharmaceuticals, its Offices, Officers, Directors, Owners, Administrator, Independent Contractors, Employees, Agents or affiliates.

“Company Intellectual Property” means (i) all designs/styles of the Website, blogs, featured articles etc. of the Company, and all words, names, devices, symbols, logos, slogans, designs, brands, service mark, word marks, trade name, other distinctive feature or any combination of the foregoing, whether registered or unregistered, used and/or attributable to the Company’s products and the Website, (ii) the User information that is collected by the Company from the Users as per the privacy policy of the Company.

“Products” means the branded lifestyle and medicinal products that are marketed and sold on the Website.

“Services” means the services provided by the Website to the Users in respect of the Products.

“User” and “Users” shall mean and include a registered user, unregistered user, and any other user of the Website.

“Website” means the website having the URL address as www.Badariya.com and all sub domains.

Interpretation

• 2.1. The words “hereof”, “herein” and “hereunder” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms.
• 2.2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
• 2.3. The headings to clauses, sub-clauses and paragraphs of these Terms shall only serve the purpose of easier orientation and shall not affect the contents and interpretation of these Terms.
• 2.4. Reference to days, months and years are to English calendar days, calendar months and calendar years, respectively.
• 2.5. Any reference to “writing” shall include printing, typing, lithography, an electronic record in terms of Information Technology Act, 2000 and rules framed there under as applicable, and other means of reproducing words in a visible form.
• 2.6. The words “include” and “including” are to be construed without limitation.
• 2.7. The words “Your” or “your” or “You” or “you”, when used in this Agreement, shall refer to and mean “User” or “Users”, as the case may be.

Use of the Website; Registration; Account Security

• 3.1. Only those persons who are competent to contract under the Indian Contract Act, 1872 are entitled to access the contents of the Website. If we discover that the person accessing the Website is under the legal age of 18 years, then we reserve the right to refuse the access to the Website or provision of the Services to such person.
• 3.2. By using and accessing the Website, the User hereby irrevocably declares and represents that he is of legal age, that is, 18 years or older and competent to contract under the Indian Contract Act, 1872.
• 3.3. On visiting the Website, the User will have the option to register and create an account on the Website, or to continue using the Website as a guest. However, the User who is accessing the Website as a guest will not be able to avail of all the Services that are provided by us, such as consultations, promotional offers, and discounts that are offered on the Products.
• 3.4. If you wish to register with the Website, then you will be required to create an account on the Website by filling out a registration form online. Upon successful registration, you will receive user ID and password for accessing your account. You shall be solely responsible for the confidentiality of your password and account, and hereby agree to do all such acts, deeds, matters, and things that may be necessary in respect thereof. Accordingly, if there is any unauthorized use of your account on the Website, or any other breach of security, then you shall notify the Website of the same.
• 3.5. While you are accessing the Website, you may be required to provide certain information to us, and we may collect further information from you, for the purpose of provision of the Services. The collection, retention, use, disclosure of such information shall be subject to the privacy policy of the Website available at [•].
• 3.6. The Company reserves, at its sole discretion, the right to refuse any User to access the Website or avail any Services, without assigning any reason.
• 3.7. The Company also reserves, at its sole discretion, the right to block any User from creation of any User account, or block any User registered on the Website from accessing the Website or Services, without assigning any reason.
• 3.8. User hereby declares and verifies that all information provided by the User is true, accurate and genuine. User hereby agrees that in case any information provided by the User is not true or accurate or genuine or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, then the Company shall have the right to indefinitely suspend or terminate or block access of User’s account on the Website.

Products

• 4.1. The Website is an online e-commerce portal that merely facilitates the purchase of Products by the Users of Website.
• 4.2. You hereby agree to furnish on the Website all such information that may be required by us from time to time and/or which may be necessary under the Applicable Laws to facilitate the purchase and delivery of the Products on and through the Website.
• 4.3. The Products are listed on the Website on an “as available” basis, and the Company will update, from time to time, information relating to the availability of the Products.
• 4.4. You agree and undertake that the Products which you shall order from the Website shall be solely used for your personal use only and shall not be sold commercially. The Company reserves, at its sole discretion, the right to cancel any order placed by any User on the Website if it determines, in its sole and absolute discretion, that such an order is a Bulk Order and might be used for purposes other than personal use.

Payments

• 5.1. Prices for the respective Products are set out on the Website, and are incorporated into these Terms by reference. The prices of the Products are subject to change without any prior notice, and at the sole discretion of BadariyaPharmaceuticals.
• 5.2. In respect of payment for any Product/s that are ordered on the Website, the User will have the option to make such payments by either credit card, debit card, net banking or on a ‘cash on delivery’ basis. If the Products are purchased on a ‘cash on delivery’ basis, then the Logistics Partner may charge certain nominal fees in respect thereof in addition to price of Product.
• 5.3. Upon initiating a transaction for purchase of any Product/s through credit card or debit card or net banking, the User will be directed to a secure payment gateway for making payment for the Products. In this regard, the Company may enter into agreements with third-party payment gateway aggregators, and nodal banks for the purpose of collection, remittance and retention of the payments made by the User.
• 5.4. In respect of the payment mechanisms offered on the Website, and your use thereof, the Company shall not be liable in any manner for any loss or damage that may be caused to you on account of any issues arising out of the transaction and/or the payment mechanism, including any interruption or cancellation thereof, for any reasons whatsoever.

Shipping and Delivery

• 6.1. Shipping and Delivery of the Products that are ordered on the Website shall be undertaken by the Website through their logistics partner. The delivery charges in respect thereof will be reflected in the final statement of payments that are to be made by the User in respect of the Products.
• 6.2. The Website maintains a strict no return policy. Accordingly, the Company shall not accept any return requests from Users in respect of any Products that are sold and delivered.
• 6.3. If any of the Products are damaged during transit, or if the expiry date in respect of any of the Products has already passed as on the date of delivery thereof, or there are any other defects in the Products, then such Products may be returned to the Website for replacement.

Intellectual Property Rights

• 7.1. The Website is controlled and operated by the Company, and all the Company’s Intellectual Property solely and exclusively belongs to and is owned by the Company.
• 7.2. Any redistribution, modification or reproduction of part or all of the contents featured in the Website in any form is prohibited and actionable. You are not permitted to distribute or commercially exploit the Company’s Intellectual Property. Nothing in these Terms grants the User any right in respect of Company’s Intellectual Property.
• 7.3. These Terms permit you to use the Website only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s Intellectual Property except as generally and ordinarily permitted through the Website according to these Terms. You must not access or use, for any commercial purposes, any part of the Website or materials available through the Website, except allowed under these Terms.

Indemnity

User undertakes to indemnify, defend and hold harmless the Company and its officers, directors, owners, administrator, independent contractors, subsidiaries, licensors, suppliers, employees, agents and affiliates for and from any loss, claim, actions, demands, liabilities and settlements, including lawyer’s fees, fees of third parties, etc., by reason of, in any way relating to, or arising out of User’s violation of these Terms, or any conduct of the User or any other person operating for and on behalf of the User. The User further undertakes to indemnify & hold harmless, the Company against any judgment, proceedings, liability or cost resulting from or arising out of use of the Website or information/data provided on the Website or Services provided by the Company, by the User.