The terms and conditions you find here (“Terms”) govern the use of our website (“hereinafter referred to as SITE”). By accessing or using this SITE, you (”You” or “Your”) agree to abide by these Terms and You acknowledge and accept to be bound legally by the Terms including any modification made from time to time, without any reservations. We strongly advise that You review these Terms in detail.
PLEASE DO NOT USE THE SITE OR THE SERVICES IF YOU DISAGREE WITH THESE TERMS, DO NOT USE THE SITE OR SERVICES.
We may at any time change any of the Terms or the contents of the SITE, with or without notice, including by removing or withdrawing any content on the SITE. Any such changes will be effective immediately upon posting to the SITE. Your use of the SITE thereafter will be considered as your acceptance of such changes.
The contents of the SITE regarding the use as well as medicinal or health benefits of any of our products are for informative purposes only, and should not be relied upon as an authoritative opinion or medical or health advice.
YOUR RESPONSIBILITIES AND OBLIGATIONS
The SITE must be used for lawful purposes only.
You must not transmit through the SITE any content or do any activity that is unlawful, abusive, defamatory, fraudulent or obscene or induces or encourages any criminal activity and must obey and abide by requirements, procedures, policies or regulations of networks connected to SITE.
You must not engage in any unsolicited or unauthorized advertising, promotional materials or any chain mail, junk mail, or any form of solicitation.
You must not and must not cause anyone to interfere with or disrupt the SITE or damage, disable, or impair Our servers or networks connected to SITE, or introduce any viruses or code, that destroy, interrupt, or hamper the functionality of any software or hardware, or otherwise permit the unauthorized use of a computer or computer network;
You must not infringe intellectual property rights of others or impersonate any person business or entity.
POSTING CONTENTS ON THE SITE
The SITE may allow you to submit or post photos, images, texts etc. that can be accessed and viewed in the public domain. Please ensure that all content uploaded by You are lawfully permitted, and is in conformity with these Terms.
When you submit any content on the SITE, You give Us an irrevocable royalty free, perpetual, and sub-licensable right to copy, use, reproduce, modify, adapt, translate, create derivative works from, publish, display, distribute, license, assign and perform such content.
LINKS TO THIRD PARTY SITES
We may provide links to websites of third parties in the SITE. However, we do not validate such sites. We are not responsible for (i) any opinion, information or advice posted on this SITE by any third parties or (ii) for any third party website linked to the SITE. You may choose to use the links to third-party web sites at Your own risk. We will not be responsible for any loss or damage resulting from Your use of such web sites.
We shall use our nest efforts to give you an uninterrupted user experience of the SITE. However, we may, in our sole discretion, suspend or terminate certain user rights of the SITE or terminate access to the SITE. We will not liable to You or any third party for any termination or suspension of the SITE.
If You register with the SITE, You confirm that You are legally competent to enter into a binding contract and are not prohibited by law from using the SITE.
The product displays with the indicative prices constitute a non-binding “offer” and a binding contract is formed only once You have placed an order. The products available on the SITE are for your personal use and are not for resale.
We try our best to provide you with images and summary of the products available for purchase. However, any such details provided does not constitute a warranty or assurance from us regarding the accuracy of appearance, size or color. Changes in such aspects of the Products may occur due to certain screen resolutions, number of pixels in an image or any other circumstances beyond our control.
We will provide you the shipment details at the time of confirmation of the order. We may make partial shipment of orders under certain exceptional circumstances (without any additional cost to You).
Any delivery dates indicated on the SITE or communicated to you while placing the order are only tentative and we shall not be liable for any delay in deliveries due to any Force Majeure events.
Any products to be returned shall be governed by our Return Policy.
The SITE is equipped with a few simple steps starting with your browsing of the SITE to facilitate product ordering. Once you have identified a product you wish to purchase, please select the quantity, and click on the “Add to Cart” button.
Our best efforts are always to indicate the availability of the products on real time basis in the SITE. However, in the unlikely event of a product becoming unavailable or out of stock after we receive an order, we will inform you within 2 business days. In case the order cannot be fulfilled within the agreed period, we will cancel the order and the amount paid will be refunded to you.
The current applicable prices, in India Rupees, are indicated along with the product listings on the site. Prices displayed on the SITE at the time of purchase, including any applicable taxes shall be applicable to the purchase of products.
Price and availability of the products are subject to change without notice. In case of an increase in price, we may either cancel the order after intimating you or contact you to resolve the way forward.
The prices indicated are exclusive of shipping charges which will be dependent on the consignee location. Free shipping shall be made for order values above INR 1500/-
International orders may attract local duties/ taxes in the consignee country which needs to be borne by the consignee.
We accept the following modes of payments:
a) Credit Cards: Domestic and international Credit Cards (Visa or MasterCard) or American Express Cards
b) Debit cards: Debit cards from all major banks in India.
c) Payment wallets : We accept payment through all major payment wallets.
d) Net banking: Payments through net banking transactions are accepted from all major banks.
We shall not be responsible for any loss or damage, arising directly or indirectly, from the use of any mode of payment on account of:
• Any transaction being declined for any reasons including but not limited to lack of authorization for such transaction or insufficiency of funds,
• Any time out occurring during a transaction
The payments through Our SITE are secured by SSL Certificates.
The SITE , its contents, design, logos, images, graphics, data compilations etc. and any software used in connection with the SITE contain proprietary and confidential information that is protected by applicable Intellectual Property laws. It is prohibited to make any unauthorized use of the materials provided as part of the SITE.
Any unauthorized use of the materials available on the SITE including replication, modification or distribution or any form of data mining or extraction, or other commercial exploitation of any kind shall be unlawful.
DISCLAIMER OF WARRANTIES
We provide the SITE on an “AS IS” and “as available” basis with no express warranties or guarantees. We do not provide any representation that the SITE is available for use in any particular location.
ALL IMPLIED WARRANTIES UNDER APPLICABLE LAW INCLUDING WARRANTIES THAT THE SITE IS OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE, SECURE, ACCURATE OR NON-INFRINGING ARE DISCLAIMED. WE MAKE NO WARRANTY THAT ANY BUG FIXES, UPGRADES, UPDATES, ERROR CORRECTIONS, AND/OR ENHANCEMENTS OF THE SOFTWARE WILL BE PROVIDED. ANY RECEIPT OR DOWNLOAD OF CONTENT OR INFORMATION FROM THE SITE SHALL BE AT YOUR RISK AND OPTION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSSES OF WHATSOEVER NATURE OR FOR ANY LOSS OF SAVINGS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF GOODWILL, OR ANY DAMAGES WHATSOEVER THAT ARISES FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WE SHALL NOT BE LIABLE FOR ANY DIFFERENCES BETWEEN THE IMAGE OF PRODUCTS ON THE SITE AND APPEARANCE OF THE FINAL PRODUCT DELIVERED TO YOU.
IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF SITE EXCEED THE TOTAL AMOUNT OF ANY PAYMENT THAT YOU MADE TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM.
All obligations of BodyTree under these Terms are subject to Force Majeure which shall constitute any and all events beyond our reasonable control.
You agree to indemnify and hold Us harmless from and against all losses, liabilities, demands, damages, claims, interests, penaltie, and expenses (including resultant legal expenses and costs) arising from any claims including third party claims resulting from Your use or access of SITE.
These Terms and related policies constitute the complete agreement between You and Us regarding the use of the SITE.
All legal proceedings arising under or in connection with these Terms or the use of the SITE shall be subject to the jurisdiction of the courts in Trivandrum, India and shall be governed by and construed in accordance with the laws of India to the exclusion of the conflict of law provisions.
We may assign or sub-contract our rights and obligations under the Terms at any time, to any third party, at our sole discretion, without notice to You.
The Terms does not constitute any joint venture, partnership, employment or agency relationship between You and Us.
Any failure by us to enforce any of these Terms on one occasion does not constitute a waiver of such right on any other occasion.
Any notices to us should be sent to our registered office address available in the SITE.