Disclaimer Policy
All materials used in Simply Herbal has been checked for accuracy. However, Soulager healthcare Pvt. Ltd. provides no warranty on the materials used or the accuracy and it is supplied without any expressed or implied warranties without limiting the foregoing, everything on this website is provided to you “as is” “without warranty of any kind”. Either expressed or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Simply Herbal disclaims all warranties, express or implied, for products or services offered. The services without limitation implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any products warranty offered by the product as the manufacturer. Soulager healthcare Pvt. Ltd. and the official and the third party content providers do not make any warranty on the content, information or services provided through or in conjunction with our customers or on any of the sites. Soulager healthcare Pvt. Ltd. not provide any guarantee or assurance on the accuracy correctness or completeness of any content or information posted on the public space on the site.
Under no circumstances will Simply Herbal directors, official employees or agents be liable to customers or users or any third party for any direct, indirect consequential incidentals , special , punitive, or other damages , whether in contract , tort, or otherwise including negligence, arising in any way out of access to or use of or inability to access or use Simply Herbal services or any linked services or arising out of its contents or any errors or omissions in its contents, including but not limited to lost profits business interruption or loss of programs or other data on computer systems or otherwise, even if Soulager healthcare Pvt. Ltd. is expressly advised of the possibility of such damages .
Simply Herbal does not warrant or represent that access to or use of Simply Herbal services or any linked services will be interrupted or free of errors or omissions, that defects will be corrected or that the Simply Herbal services or any linked services is free of computer viruses or other harmful components Under no circumstances will Simply Herbal or its directors , official employees or agents be liable to you or any third party for any direct , indirect , consequential incident special , punitive or other damages whether in contract, or otherwise including negligence arising in any way from any product or services sold or provided through Simply Herbal services even if it is expressly advised of the possibility of such damages . In no event shall Simply Herbal hold liability be higher than the price paid for the product or services that are the basis of the claim.
Indemnity:
The customers who visit the website (www.simplyherbal.in) agree to indemnify with Simply Herbal and its official employees, advertisers, and third-party content providers against any or all claims and expenses, including attorney’s fees arising from your use of our sites, and other public spaces on our sites. This expressly includes without limitation: (i) liability arising from the violation or infringement of copyrights or other proprietary rights in connection with any content or information you provide or post. (ii) any libelous or unlawful material contained in any content or information you post and (iii) any other liability arising from or caused by any content or information that you provide or post. You agree to defend, indemnify and hold harmless Simply Herbal and its directors, official employees and affiliates and related entities and their respective agents from and against all claims losses, damages, liabilities and cost (including without limitation reasonable attorney’s fees and court cost) arising out of or relating to your breach of these conditions or your access to or use of Simply Herbal services.
Site Security:
Simply Herbal doesn’t charge customers any fee to use this website, so all it cost is what you normally pay to access the internet. Our secure-server software encrypts your personal information (including your credit/debit card number and your name and address), converting it into bits of code that can be securely transmitted over the internet. Because of this, the risk of fraud is extremely low.
Pricing Details:
All goods and services displayed on this website are subject to availability. Where certain goods or services are no longer available, or where certain prices have changed, we will endeavor to update the relevant information contained on this website as soon as practicable. However, no price or other information displayed on this website will bind us until we have accepted your confirmed order. The price you will be charged for any goods or services will be the price in force from the date of your order is accepted by us.
Simply Herbal may at its discretion revise or add new terms to these conditions from time to time without notice to you. Such revision and additions shall be deemed to be effective immediately upon notice which Simply Herbal may give by any means including without limitation by posting the revised conditions of the services offered. You are responsible for reviewing the services for any modifications to these conditions that may affect your rights or obligations. Any access or use by you of Soulager healthcare Pvt. Ltd. services after changes to these conditions will constitute your acceptance of the revised terms.
Placing An Order:
The information displayed on this website represents an opportunity for you to assess the goods and services of Soulager healthcare Pvt. Ltd. No offer for the sale of these goods or services is being made to you by Soulager healthcare Pvt. Ltd. via the content you have accessed through this website. Any order you send to us for the purchase of specific goods and/or services constitutes an offer for the goods and/or services selected. We are not obliged to accept your order. If we do accept your order, a contract will be created at the time we send you an email confirming your order. You will be deemed to have received our acceptance of your offer once we have correctly sent an email to your electronic mailbox. All the products and services shown on our website are for new customers only, unless we let you know otherwise. Your order will only be accepted by us only if you supply us with a valid delivery address.
Our Rights:
We may elect to electronically monitor the areas of the Site and may disclose any Content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. We are not responsible if goods are unclaimed within 30 days from the date of sale. Thereafter, the customer shall not be entitled to the goods or amount as all such amount shall stand forfeited by the company.
Applicable Law:
We control the Site from our office in India. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations can do on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Indian export laws and regulations. Any claim relating to the Site, the services provided through the Site or the internal laws of Indian Jurisdiction shall govern the Content, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Indore, India.
Termination:
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site as your right to view our website only with no right attached to our website in any manner.
Copyright Complaint:
Simply Herbal and its various products, as well as the website, is governed under the intellectual property rights such as copyrights, trademarks, information technologies act and other acts governed under Indian Law. Nothing contained in Simply Herbal services should be constituted as granting by implication or otherwise any license or right to use any trademark or service mark displayed on Simply Herbal services without the written permission of Simply Herbal or any third party that may own such trademarks or service marks. Simply Herbal will aggressively enforce its intellectual property rights to the fullest extent of the law.
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties ‘intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Miscellaneous:
These Conditions contain the entire understanding of you and Simply Herbal with respect to the subject matter here of and supersedes all prior agreements and understandings between you and Simply Herbal with respect to the subject matter hereof. The failure of Simply Herbal at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Soulager Healthcare Pvt. Ltd. to thereafter enforce each and every provision of these Conditions. No waiver by Simply Herbal of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be sever-able from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the laws of the Indian Government. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Indore.
User Agreements:
This document is published in accordance with the provisions of rule 3(10) of the information technology (intermediaries guidelines) rule, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.simplyherbal.in