Terms & Conditions
- USE OF THIS SITE
- PRIVACY PRACTICES
- YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Healthyments or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the Contact Information provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Healthyments.
- PRODUCT & SERVICES INFORMATION
Healthyments attempts to be as accurate as possible in the description of the product on the Site. However, Healthyments does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
Healthyments reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.
- PRODUCT USE & SERVICES
The products and services available on the Site, and the samples, if any, that Healthyments may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that Healthyments is in no manner responsible for any side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.
- PRICING INFORMATION
Healthyments strives to provide accurate product and pricing information, however errors may occur.
Healthyments cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Healthyments shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Healthyments may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Healthyments will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Healthyments accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Healthyments’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF Healthyments. Healthyments may revise and cease to make available any product/ services at anytime. In the event, Healthyments is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions. Healthyments shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
- CANCELLATIONS, REFUNDS AND RETURNS
Please refer here for our Cancellation, Refunds and Returns Policy.
- MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, Cash on Delivery.
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
- SHIPPING AND DELIVERY
Please refer here for our Shipping and Delivery Policy.
- GIVEAWAYS, CONTESTS COMPETITIONS & PRIZE DRAWS
1.1 These rules apply to all competitions, prize draws, promotions, giveaways and suchlike that are promoted on and run through our website or social media channels.
1.2 To enter a competition you must enter as directed on our website or social media channels.
1.3 Our competitions are free to enter (no purchase required, unless otherwise stated).
- Eligibility and entry restrictions
2.1 To be eligible to enter a competition:
(a) entrants must be a real person, at least 18 years old and permanently reside in India (proof of address or age may be required)
(b) entrants must not be our employee, officer or agent, or an employee, officer or agent of any person or organisation involved in the running of the competition, and you must not be a family relation of any such person.
(c) Competition entrants for our promotions on social media must have a genuine account and must ‘like’ the Healthyments India social network page (Facebook, Twitter etc.) as part of the entry process.
2.2 The maximum number of entries to a competition per person is 1.
2.3 The maximum number of entries for a competition shall be at our sole discretion but no less than 100 entries. Once this number of entries have been received, the competition will be closed to new entries, notwithstanding the published closing date.
- Start and closing dates
3.1 A competition shall open for entries at the time and on the date specified on our website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on our website and social media channels. Unless otherwise stated, these times and dates are set to those for IST (Indian Standard Time).
3.2 Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.
3.3 No responsibility can be accepted for entries not received for whatever reason.
3.4 We reserve the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the competition will be notified to entrants as soon as possible by us.
3.5 Entry into the competition will be deemed as acceptance of all of these terms and conditions.
4.1 Competition entries shall be judged or winners selected on the basis of those criteria specified on our website and/or social media channels in relation to the competition.
4.2 If a competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.
4.5 Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
4.6 The competition and these terms and conditions will be governed by Indian law and any disputes will be subject to the exclusive jurisdiction of the courts of India.
- Winners and prizes
5.1 Competition prizes for each competition shall be specified on our website or social media channels.
5.2 Competition prize winners will be notified of the competition result by email (if address is asked for/provided) or by direct message on social media (winners must therefore ‘like’ or ‘follow’ our social media accounts in order to be contacted about prizes) not more than 30 days following the closing date of the competition, and will receive their prizes not more than 60 days following that closing date.
5.3 Reasonable efforts will be made to contact the prize winner for 14 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
5.4 The results of a competition will be announced on our website within 30 days following the closing date of the competition. The announcement may include the name and photograph, the town or region of residence and prize details of each prize winner.
5.5 No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Copyright and moral rights
6.1 You warrant to us that you created your competition entries, that you own all of the copyright in those entries, and that our use of the entries in accordance with these rules will not infringe any person’s intellectual property rights or other legal rights.
6.2 You grant to us an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit and publish your competition entries.
6.5 To the maximum extent permitted by applicable law, you irrevocable and unconditionally waive your rights to be identified as the author of your competition entries and to object to any derogatory treatment of your competition entries.
- What happens to entries?
7.1 Competition entries will not be returned. Please, therefore, keep a copy of your competition entries.
8.1 We may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details.
- USER CONTENT
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content“), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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;
- 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.
Healthyments shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Healthyments does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Healthyments. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Healthyments be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Healthyments for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that Healthyments has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Healthyments has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at firstname.lastname@example.org and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
- INTELLECTUAL PROPERTY RIGHTS
The “Healthyments” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks“) of Healthyments. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Healthyments or others, are the intellectual property of their respective owners, and Healthyments shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Healthyments and its Healthyments liers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Healthyments and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (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 Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Healthyments explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Healthyments, any of its affiliates or by third parties who have licensed their materials to Healthyments and are protected by Indian copyright laws and international treaties.
- LIMITED LICENSE
Healthyments reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.
- REPRESENTATIONS AND WARRANTIES
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Healthyments shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
Healthyments shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Healthyments does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
Healthyments through the Site intends to provide its users with general information about beauty and healthcare topics and products. The Site encourages its users to interact with Healthyments and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with Healthyments, its employees or representatives (collectively referred to as “Information“) which are in furtherance of any communication made by the user with Healthyments, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While Healthyments takes reasonable care to ensure that the Information is accurate, Healthyments makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by Healthyments or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Healthyments, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
In keeping with Healthyments’s objective of providing \its users with general information about beauty and healthcare topics and products, Healthyments engages experts having knowledge of in their respective fields (“Experts“) to respond to queries posted by users. Any information provided by the Experts, either over the Site, through emails, chat rooms or on social networking sites, including the Site’s facebook page (collectively referred to as “Expert’s Opinion“) is based on the Expert’s personal opinion. The Expert’s Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. Healthyments makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert’s Opinion. In case any user relies on such Expert’s Opinion, he/she may do so at its own risk. Under no circumstances will the Healthyments, Company, its employees, representative or affiliates be liable for such Expert’s Opinion or for the consequences of relying on such Expert’s Opinion.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF Healthyments. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
- LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Healthyments endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Healthyments and those third parties.
Healthyments is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Healthyments do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
- GOVERNING LAW AND JURISDICTION
Without any prejudice to particulars listed in Clause 13 above, Healthyments shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
- SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, 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 Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
- sending unsolicited email, including promotions and/or advertising of products or services; or
- forging any 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
Healthyments is entitled to investigate occurrences that may involve such violations and may involve, and co-operate 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from Healthyments on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- ENTIRE AGREEMENT
Healthyments’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
HEALTH RELATED INFORMATION:
Health Related Information. The information contained in the Web Site 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 Web 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/ FSSAI 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 seen as typical.