Terms & Conditions

These websites / applicationsterms and conditions (“Terms and conditions”) is an electronic record in the form of an electronic contract formed under section 2(t) of information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms and conditions does not require any physical, electronic or digital signature.

 

These terms and conditions is a legally binding document between user and belsa herbals (both terms defined below). These terms and conditions will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and belsa herbals for the use of the website (defined below).

 

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

 

The url www.Belsaherbals.Com and mobile application under the name and style “Belsa herbals” is owned by purebiotic nature private limited, 1074/b, gittikhadan, gorewada road, near sagar developers office, nagpur, maharashtra(in)- 440013. Hereinafter referred to as “Belsa herbals” or “We” or “Us” or “Our” and the guest users or registered users of the website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which belsa herbals offers you access to the website and such other services as are incidental and ancillary thereto (“Services”).

 

Please read these terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms and conditions, please do not use the website.

 

These terms and conditions are available at https://www.Belsaherbals.Com/terms and conditions, the privacy policy available at https://www.Belsaherbals.Com/privacy-policy, the other policies of the website are available at home page of www.Belsaherbals.Com under “Policy info” section and together with all other notices, disclaimers, guidelines appearing on the website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which you are allowed to access and use the website and avail the services.

 

If you are accessing the belsa herbals mobile application or accessing the services through the belsa herbals mobile application, then while these terms and conditions will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like apple’s itunes, android’s play store, microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these terms and conditions by way of reference.

General

Belsa Herbals is an online marketplace and is not only limited to managing the Website, advertise, display, but also manufacturing of its products or products of its parent company and vice versa.

 

These TERMS AND CONDITIONS are subject to revision by Belsa Herbals at any time and hence the Users are requested to carefully read these TERMS AND CONDITIONS from time to time before using the Website. The revised TERMS AND CONDITIONS shall be made available on the Website. You are requested to regularly visit the Website to view the most current TERMS AND CONDITIONS. It shall be your responsibility to check these TERMS AND CONDITIONS periodically for changes. Belsa Herbals may require you to provide your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website and/or Services, following such changes, will constitute your acceptance of those changes.

Eligiblity

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Belsa Herbals system by Belsa Herbals for any reason whatsoever. If you are disqualified as per the preceding sentence, you shall not be permitted to avail of the Services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these TERMS AND CONDITIONS with your parent or legal guardian, and in such a case these TERMS AND CONDITIONS shall be deemed to be a contract between Belsa Herbals and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

 

Belsa Herbals 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.

 

You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

User Account

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

 

Belsa Herbals makes certain sections of the Services available to you through the Website only if you have provided Belsa Herbals certain required User information and created an account and a Belsa Herbals ID through certain log-in ID and password (“Account”).

 

In the event You 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 and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Belsa Herbals 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.

 

Belsa Herbals cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Belsa Herbals 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 secureandconfidential.

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.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Belsa Herbals has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Belsa Herbals has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

 

Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

Payments Policy

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by you, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. Belsa Herbals expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

 

Payment Facility for Your orders: Belsa Herbals may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection and remittance, as the case may be of payment or supporting the same in any manner.

Obligation

Subject to compliance with the Agreement(s), Belsa Herbals grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

 

You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these TERMS AND CONDITIONS); and (b) any applicable law.

 

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

 

You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Belsa Herbals. 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, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

 

If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content with our grievance cell.

 

The Website may allow you to post certain content, data or information of your own such as allowing you to rate Products, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Belsa Herbals using the Website / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Belsa Herbals does not endorse any User Content on the Website and is not responsible or liable for any User Content. Belsa Herbals reserves the right to disable access to the User Content on the Website.

 

When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:


  • belongs to another person and to which the User does not have any right to
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
  • harms minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • threatens the unity, integrity, defense, 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 of any other nation;
  • infringes any patent, trademark, copyright or other proprietary rights
  • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • engage in any activity that interferes with or disrupts access to the Website or the Services (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 Belsa Herbals server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means
  • 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 Belsa Herbals, including any Belsa Herbals Account not owned by You, to its source, or exploit the Website or Service 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
  • 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;
  • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Belsa Herbals or other third parties
  • 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
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the terms of the Agreement.

You agree that You are solely responsible to Belsa Herbals and to any third party for any breach of Your obligations under these TERMS AND CONDITIONS or other Agreements and for the consequences (including any loss or damage which Belsa Herbals or its Parent company may suffer) for any such breach.

 

Belsa Herbals does not pre-screen User Content. Belsa Herbals has no obligation to monitor any User Content. However, Belsa Herbals at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Belsa Herbals determines in its sole discretion that such User Content is in violation of these TERMS AND CONDITIONS or any applicable law. Where Belsa Herbals removes any User Content from the Website, Belsa Herbals will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negates or impose any liability on Belsa Herbals with respect to User Content.

 

You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

 

You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.

 

Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit.

Shipment And Delivery

In case buyer purchases multiple Products in one transaction, Belsa Herbals may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

Intellectual Proprty Rights

“Belsa Herbals” is a registered trademark and solely owned by Purebiotic Nature Pvt. Ltd. and all the rights to the web site or any other digital media and its contents mentioned on the website. The content means its design, layout, text, images, graphics, sounds, video, etc. the website or any other digital media content embody trade secrets and intellectual property rights protected under applicable laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives as the case may be.

 All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site / application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. All related icons and logos are trademarked or servicemarks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and punishable under law.

Disclaimer Of Warranties & Liability

The website, services, content, user content are provided by belsa herbals 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, belsa herbals makes no warranty that (I) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website orservices will be corrected. No advice or information, whether oral or written, obtained by you from belsa herbals or throughthe website / contentor from use of the services shall create any warranty not expressly stated in these terms and conditions.

To the maximum extent permitted by applicable law, belsa herbals will have no liability related to user contentand / or third party contentarising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Belsa herbals also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

You expressly understand and agree that, to the maximum extent permitted by applicable law belsa herbals 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, either with or without your knowledge. Belsa herbals has endeavored to ensure that all the information on the website is correct, but belsa herbals neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Belsa herbals 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, belsa herbals 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 belsa herbals 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. Belsa herbals is not responsible for any typographical error leading to an invalid coupon. Belsa herbals accepts no liability for any errors or omissions, with respect to any information provided to you on its behalf.

Indemnification And Limitation Of Liability

You agree to indemnify, defend and hold harmless Belsa Herbals, its subsidiaries, parent company, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

 

Belsa Herbals may notify you of any claims which You shall be liable to indemnify Belsa Herbals against. You will then be required to consult with Belsa Herbals regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrong doing on the part of Belsa Herbals without the express prior written consent of Belsa Herbals which can be withheld or denied or conditioned by Belsa Herbals in its sole discretion.

 

Notwithstanding anything to contrary in the Agreement(s), Belsa Herbals’s entire and aggregate liability to You under and in relation to these TERMS AND CONDITIONS or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Belsa Herbals under the relevant order to which the cause of action for the liability relates.

 

Notwithstanding anything to contrary in the Agreement(s), in no event shall Belsa Herbals, its subsidiaries or parent company or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Belsa Herbals 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 tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

Arbitration / Legal

In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties heretounder this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by Belsa Herbals and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at NAGPUR, Maharashtra. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on all the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at NAGPUR,Maharashtra only shall have exclusive jurisdiction. The Courts of Nagpur shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the service date after which no claim shall be entertained.

Miscellaneous

In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties heretounder this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by Belsa Herbals and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at NAGPUR, Maharashtra. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on all the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at NAGPUR,Maharashtra only shall have exclusive jurisdiction. The Courts of Nagpur shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the service date after which no claim shall be entertained.

Law Of Land

These TERMS AND CONDITIONS and all transactions entered into on or through the Website and the relationship between you and Belsa Herbals shall be governed in accordance with the laws of India without reference to conflict of laws principles.

Abuse & Violation

In the event You come across any abuse or violation of these TERMS AND CONDITIONS or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please report the same with our customer care.

Communication

When You use the Website or send emails or other data, information or communication to Belsa Herbals, You agree and understand that You are communicating with Belsa Herbals through electronic records and You consent to receive communications via electronic records from Belsa Herbals periodically and as and when required. Belsa Herbals will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

Feedback & Grievances

In case of any issues or grievances one may contact and send its grievances only on [email protected]