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This Policy describes the user information we collect on http://everherb.com/ , how we use the information and with whom we share such information. This policy also outlines how we protect the user data including the sensitive information of the users and how the users may access and/or modify the information shares on the website.
This document is an electronic record in terms of the relevant provisions of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. What Personal Information About You Does EverHerb collect?
In order to provide you with the best and accurate service, we collect very basic information from our you. For the purposes of registering on the website we might collect your name, email, age, mobile number, phone number, street, city, state, pin code, country and IP address. This includes but is not limited to information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.
Please note that we might collect your billing name, billing address and payment method when you buy a product from our website. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our third-party service providers if required.
We also collect information you post in a public space on our website or on a third-party social media site belonging to EverHerb.
We collect information in different ways.
We may collect information if you post a comment on our websites or ask us a question through phone or email.
We may also collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.
2. How your personal information is used by EverHerb
We retain User Information only to the extent it is necessary to provide Services to you. The information collected from you may be utilized for various business and/or regulatory purposes including but not limited to:
i. Contact you for confirmation of a purchase on our website or for other promotional purposes
ii. Respond to your requests or questions. We might use your information to confirm your registration for an event or contest.
iii. Improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
iv. Look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
v. Protect our company, our customers, or our websites.
vi. Send you transactional communications. We might send you emails or SMS about your account or a purchase.
vii. Be used in a manner otherwise permitted by law.
3. Do we share your information with third-parties?
i. To sellers and other service providers who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some of these vendors may be located outside of India.
ii. To our business partners. This includes a third party who provide or sponsor an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies.
&iii. To government agency or investigatory body in order to comply with the law or to protect ourselves or in response to a court order or subpoena.
iv. To any successor to all or part of our business.
v. For reasons not described in this policy.
4. How your information is protected
We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input in addition to maintaining security of your information as per the International Standard IS/ISO/IEC 27001 on "Information Technology Security Techniques Information Security Management System-Requirements".
Under certain circumstances, we shall not be able to take your prior consent before disclosing Your information in case the information is demanded by government agencies mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.
EverHerb shall not publish SPDI and keep all information confidential (subject to exceptions where mandated by law or an order of a Court)
5. Access and Modification of Information
EverHerb gives you access to a broad range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, modifying, deleting information provided to us. You have the option to opt-out of optional services such as receiving promotional materials etc. and should you desire to opt-in to such services at the time of signing up you can choose do so. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases
6. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Pramod Nair
Contact Number: 6900383838
We shall endeavor to resolve Your grievances within one month from the date of receipt of such grievance.
7. Updates to this policy
http://everherb.com/ (hereinafter together be referred to as “Website") and the brand EverHerb is operated by Thea Technologies Private Limited (hereinafter to be referred as “Company” or “We” or “we” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
Company shall not be required to notify You, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.
1. By accessing the website or using it or subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms. These Terms constitute a legal and binding contract between you on one part and the Company on the other Part as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
2. This electronic record is generated by a computer system and does not require any physical or digital signatures.
3. If you do not want to be bound by the Terms, do not access, browse or in any way transact on the website, or avail any services.
Eligibility to use
1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Thus, if you are a minor i.e. under the age of 18 years, you may use http://everherb.com/ only with the involvement of a parent or guardian. The Company assumes no responsibility or liability for any misrepresentation of your age.
User Account, Password and Security
1. For the purposes of availing the Services through the Website, We may collect certain
information from You including without limitations:
● User ID;
● Email address;
● Address (including country and ZIP/ postal code);
● Phone number;
● Password chosen by the You;
● Billing Information including credit card, billing address and other payment information;
● Other details
2. You shall ensure that the Information provided by You is true, complete, accurate and up-to-date.
3. Use of another User's Information for availing the services offered by Company is expressly prohibited.
4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account.
5. We reserve the right to terminate your registration and / or refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years.
6. We reserve 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 and You shall have no right to object to the same.
7. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account.
8. You agree to
(a) immediately notify Company in writing about any compromise of Your Account or Account Information or any other breach of security, (Email notification shall suffice) and
(b) ensure that You exit / log out from Your Account at the end of each session
9. Company 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 Company 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 secure and confidential or otherwise.
10. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us for the technical administration of the Website, research and development, and for user administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on the your browser. We do not store personally identifiable information in the cookies.
1. The website does not screen or censor the users who register on and access the website. You assume all the risk associated with dealing with other users with whom you come in contact through the website. You agree to use the website only for lawful purposes without infringing the rights or restricting the use of the website by any third party.
2. You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, download, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
3. You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
c. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
d. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
e. Conduct or forward surveys, contests, pyramid schemes or chain letters;
f. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
g. 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;
h. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
i. Violate any applicable laws or regulations for the time being in force in or outside India; and
j. Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
Your Warranties and Representations
1. You guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services offered on the website.
2. In the access or use of the website, you shall comply with these Terms for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us and our affiliates.
Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
1. The website, services and other materials are provided by Company 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.
2. Without limiting the foregoing, Company makes no warranty that:
a. 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;
b. The results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable;
c. The quality of the Website, services or other materials will meet your expectations;
d. Any errors or defects in the Website, services or other materials will be corrected.
3. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the terms.
4. To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
5. Company 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 Company's control.
6. You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
7. Company is not responsible for any typographical error leading to an invalid coupon.
8. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
9. Company shall not be liable for any third party product or services. the advertisement available on e-mail or website with respect to the third party website or the Products are for information purpose only.
10. Our products are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical advice before using any of our products that you may be allergic to. You agree that we shall will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through EverHerb, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
11. We attempt to be as accurate as possible with regards to the finish and appearance of our products on the website. However, except to the extent implied by applicable law, we do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you or other content available on the website are accurate, complete, reliable, current, or error-free.
Kindly refer our Refund Policy in case you are not satisfied with our products.
Intellectual Property Rights
1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Owner Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Owner Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.
3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company or its third-parties owns all intellectual property rights to and into the trademark EverHerb and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the express written permission from company or third party owner of such Content.
Assumption of Risk
The website and its contents are for communication purposes only. By using the website you hereby acknowledge and agree that any information posted on our website is not intended to be any kind of legal advice, medical advice or financial advice and no fiduciary relationship has been created between you and the company. You further agree that your purchase of any of the products on the website is at your own risk. We do not assume any responsibility or liability for any advice or any other information given on the website.
1. You accept and acknowledge that we shall not be liable for any loss or damage caused to you as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of 1mg or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond our reasonable control (“Force Majeure Event”).
You agree to defend and indemnify the company and any of its affiliates and hold us harmless against any and all legal claims and demands, including but not limited to attorney’s fees, which may arise from your or relate to your use or misuse of the of the website or the services, your breach of these terms or your conduct or actions. You agree that the company shall, if it so desires, select its own legal counsel and participate in its own defense.
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
● Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
● The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
● Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them.
If You or Company terminates Your use of the Website, Company may delete any content or other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
Governing Law and Dispute Resolution
Modification and Variation
The company may at any time change these terms without giving any notice to you. You hereby understand and agree that we have the right to modify these terms and any information and links contained herein. You further agree that any and all modifications to these terms shall be in full force and effect immediately upon being posted on the website and shall replace any prior version of these terms.
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
In the event that we fail to enforce any provisions of these terms, this shall not constitute a waiver of any enforcement of that provision or any other provision. No waiver of any provisions of these terms will be valid unless the same is in writing and signed by us.
The headings and subheadings herein are included for convenience and organization only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms.
All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to email@example.com.