PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.DELUCECARE.COM OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF ALAINA HEALTHCARE PRIVATE LIMITED (HEREINAFTER REFERRED TO AS “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.
Terms of Offer: The Website offers for sale certain products ("Products"). The Products shall contain trial products as well as free products. By ordering Products through the Website, you agree to the terms and conditions outlined in this T&C. The Products listed on the Website, as well as any samples provided by us, are solely for your personal use. Unless otherwise agreed, you may not sell or resell any of the Products or samples thereof that you receive from us. We reserve the right, with or without warning, to cancel or reduce the quantity of any Products that we consider, in our sole discretion, may result in a breach of our Terms and Conditions.
The Company reserves the right, without warning or obligation, to change, suspend, or discontinue the availability of any of the Products at any time. You agree that the price due in connection with the Product or any service may change without notice or liability.
We make every effort to be as truthful as possible while describing our Products on our Website. We do not warrant that the Product descriptions, colours, information, or other content provided on the Website are accurate, complete, reliable, current, or error-free, to the extent implied by applicable law. The Website may contain typographical mistakes or inaccuracies, and it is not guaranteed to be complete or up to date. Such errors, inaccuracies, or omissions may also apply to the Product's or services' pricing and availability. Please keep in mind that the Product images are illustrative and may not correspond to the actual Product.
Customer Solicitation: You are connecting with the Company electronically by browsing the Website, placing an order, or giving any information, and you agree to receive communications (including transactional, promotional, and/or commercial messages) from the Company on a regular and as-needed basis. We may contact you via e-mail, SMS, phone call, posting notices on the Website, or any other means.
Proprietary Rights: All of the Company's brand names are the exclusive property of the Company, its affiliates, partners, or licensors, and are protected by Indian laws, including laws covering all applicable forms of intellectual property. The Products are protected by intellectual rights and trade secrets owned by the Company. You shall not, in whole or in part, copy, reproduce, modify, duplicate, re-publish, re-sell, or re-distribute any Product created and/or distributed by the Company. The Company also owns all trademarks and trade dress, as well as the exact layouts of this webpage, such as calls to action, text placement, graphics, technology, content, software, and other items that appear on the Website, including its look and feel. There is no trademark granted in connection with the Products or the materials on the Website. Access to the Website does not provide anyone with the right to use any trademarks in any way. The trademarks displayed on the Website, whether registered or unregistered, are the Company's intellectual property.
Tax: If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.
Your Account: You may only have one user account ("Account"). You will be responsible for keeping your account and password secure, as well as controlling access to your computer, and you hereby assume responsibility for all activities that occur under your Account. You acknowledge that the information you give, in whatever form, is not confidential or proprietary and does not infringe on the rights of a third party in any way. Each Account is non-transferable and may not be sold, transferred, combined, or shared with anyone else.
If you are accessing, browsing, and using the Website on behalf of another person, you indicate that you have the ability to bind that person to all of the terms and conditions set forth herein. If the person declines to be bound by the T&C as the principal, you agree to take responsible for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in any way.
If you suspect or know that the security of your Account has been compromised, please inform us immediately at the 'Contact Information' listed below. If we discover or suspect a breach in the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account, and we will not be liable to you.
Content; Intellectual Property; Third Party Links: In addition to the Products, the Website provides information and marketing resources. The Website also provides information about nutritional and dietary supplements, both directly and indirectly through links to third-party websites. The information and content published on the Website are not necessarily created by the Company; rather, the information and content are frequently taken from other sources. The Company does not endorse any such information or content, and expressly disclaims any and all liability arising from it. The Company is not responsible or liable for the information or material, or for any harm or loss caused by your access to or reliance on such information or content. To the extent that the Company creates the content on this Website, it is protected by Indian intellectual property laws. Unauthorized use of the material may constitute a violation of copyright, trademark, and/or other laws. You acknowledge that you are using the content on this Website for personal, non-commercial purposes only.
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at firstname.lastname@example.org.
Links to third-party websites are provided only for your convenience. Any such third-party websites are not endorsed, affiliated, sponsored, or recommended by the Company. The Company is not responsible or liable for the content of these third-party websites, or for any harm or loss that may come from your access to or reliance on them. Before accessing a third-party website, you should carefully read its terms and conditions and privacy policies. Your access and use such third-party websites at your own risk.
Use of Website: The Company is not liable for any damages incurred as a result of anyone's usage of the Website. You will not use the Website in an unauthorised manner. You will (a) comply with all applicable local, state, national, and international laws and regulations in your use of the Website (including intellectual property laws), (b) not interfere with or disrupt other users' use and enjoyment of the Website, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of "spam," chain letters, junk mail, or any other type of unsolicited communication, and (e) not defame, harass, or threaten others (f) not to engage in or attempt to engage in any action that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invading another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, trolling, propaganda, or otherwise unlawful in any way.
License: By using this Website, you are granted limited, non-exclusive, non-transferable permission to use the Website's information and materials for your personal, non-commercial use. Without the express written permission of the Company or the applicable third party, you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information (if third-party content is at issue).
Site Security: You are not permitted to violate or attempt to violate the Website's security, including, but not limited to,
- accessing data that is not intended for you or login onto a server or account to which you are not permitted;
- attempting to probe, scan, or test a system's or network's vulnerability, or breaching security or authentication procedures without proper authority;
- attempting to disrupt service to any other user, host, or network, including, but not limited to, transmitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- sending unsolicited email, including product or service marketing and/or advertising; or
- forging any header or portion of a header in any email or newsgroup posting System or network security violations may result in legal or criminal responsibility.
- threatens India's unity, integrity, defence, security, or sovereignty, and public order, or incites the commission of any cognizable offence or hampers the investigation of any offence.
Payment Method: Payments for Products on the Website can be done in the following ways:
- Credit cards, debit cards, net banking, wallets, UPI, QR, PayPal, and reward points can all be used to make payments.
- Cash on Delivery.
Chat Facility: The chat service is available to assist you with any and all Website-related questions. Any use of this service is subject to the following terms and conditions:
- The Company reserves the right to terminate the chat service at any moment and without warning.
- The Company or its executives are not liable for any delays in responding to or answering to chat concerns.
- The Company may store chat communication for future reference, and the user of such service will not have the right to access such information at any future point.
- You may not send any objectionable information while 'chatting,' such as anything illegal, threatening, abusive, defamatory, or obscene.
- The chat room may not be used to promote items, make business recommendations, or engage in any other sort of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
Pricing and Availability: The prices and availability of the Products, offers, and services provided or offered on the Website are subject to change at the Company's sole discretion and without prior notice. Prices stated on the Website include goods and services tax ("GST") but do not include shipping charges. All orders under INR 399 (Indian Rupees Three Hundred and Ninety-Nine only) will incur a delivery charge of INR 40 (Indian Rupees Forty only). All orders over INR 399 (Indian Rupees Three Hundred and Ninety-Nine only) will be delivered free of charge. Prices and offers may differ from those advertised on the Website in offline stores and online on websites and portals other than the Website.
Delivery: Orders containing several Products may be delivered in multiple shipments. Delivery typically takes 5-7 business days from the time the order is placed. The anticipated shipping and delivery deadlines will be accessible on the order details page once the order is placed. Because the anticipated delivery times are only estimates, there may be some unforeseeable delays that are beyond our control. If the Company is unable to deliver the Product by the estimated delivery date for any reason, you will be notified via email of the reason for the delay. You will have the option of cancelling the ordered Product or waiting for it to be delivered. Please be aware that your order will be cancelled as a result of; (i) the unavailability of the requested Product; or (ii) at your request, in the event that our delivery partners fail to deliver the Product on time. You agree that the Company will not be liable for any direct or indirect damage or loss resulting from the order cancellation or delay in delivery.
Tracking Facility: When the Product is shipped, you will receive an email with the tracking number and the courier provider. Orders can also be tracked by going to your My Accounts page and tapping the 'Your orders' option. After 24 hours from the time of dispatch, the order status can be tracked.
III. DISCLAIMER OF WARRANTIES
You use the Website and/or Products entirely at your own risk. The Website and the Products are provided "as is" and "as available." The Company expressly disclaims all warranties of any kind, whether express or implied, with respect to the Products or Website content, or any reliance on or use of the Website content or Products, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company offers no warranty, without limiting the generality of the foregoing:
- guarantee the information on this Website is correct, reliable, full, or up to date;
- guarantee the connections to third-party websites lead to accurate, reliable, full, or current information;
- no advice or information gained by you through this Website, whether oral or written, shall establish any warranty unless expressly expressed herein.
- as to the results that may be gained from the use of the Products or the correction of flaws in the Products; and
- concerning any Products purchased or received via the Website.
The placement of any Products or Offers on the Website at a specific time does not imply or represent that the Products or Offers will be available at any time in the future.
The Company reserves the right to change or discontinue any component or feature of the Website, including but not limited to content, hours of availability, and equipment required for access or usage, at any time. Furthermore, the Website may stop disseminating any section or category of information. The Company accepts no responsibility and will not be liable for any loss or damage arising from or in connection with any ability or inability to access or use the Website.
IV. LIMITATION OF LIABILITY
The Company accepts no duty or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or any breach of these Terms and Conditions. The Company will not be liable for any direct, indirect, incidental, special, or consequential damages or loss arising in any way from this T&C or the Products, including liabilities arising from (a) the use or inability to use the Website content or Products or allied services; (b) the cost of procuring substitute Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any alleged lost profits, even if we were advised of the possibility of such losses, and in no event shall our maximum aggregate liability exceed.
To the fullest extent permitted by applicable law, you agree that neither the Company nor our 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 interruptions to the Website; or (c) data non-delivery, loss, theft, miss-delivery, corruption, destruction, or other modification.(d) any loss or damages incurred as a result of dealings with or the presence of third-party website links on the Website; (e) viruses, system failures, or malfunctions that may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the Company's reasonable control. We offer no assurances or warranties that faults or omissions will be repaired.
This disclaimer is an important aspect of these terms and conditions.
Because some countries do not permit the limitation or exclusion of liability for incidental or consequential damages, some of the restrictions set forth above may not apply to you.
You agree to release, indemnify, defend, and hold harmless the Company and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any and all third-party liabilities, claims, damages, costs, and expenses, including reasonable attorney's fees and expenses, relating to or arising out of: (a) this T&C or the breach of your warranties, representations, and obligations under this T&C; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any person or entity's intellectual property or other proprietary rights; (e) your violation of any part of these Terms and Conditions; or (f) any information or data you gave to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you regarding your pledge to indemnify the Company; your failure to give such assurances may be regarded as a substantial breach of this T&C by the Company. The Company reserves the right to engage in any defence by you of a third-party claim arising from your use of any of the Website content or Products, with counsel of the Company's choice at your expense. At your request and expense, the Company will reasonably cooperate in any defence of a third-party claim by you. You shall be solely responsible for defending the Company against any claim, although any associated settlement must be approved in writing by the Company first. The terms of this clause will survive any termination or cancellation of these Terms and Conditions or your use of the Website or Products.
Force Majeure: The Company will not be deemed in default or held liable for any cessation, interruption, or delay in performing its obligations hereunder caused by an earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, material shortages, rationing, pandemic or epidemic, or the introduction of any virus, Trojan, or other disruptive mechanisms, any event of hacking or illegal use of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand, or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, similar or dissimilar to those referred to in this clause, beyond our reasonable control Furthermore, if a Force Majeure event occurs that interferes with the fulfilment of our obligations under these Terms and Conditions, our obligations under these Terms and Conditions will be suspended for the period of the Force Majeure incident.
Cessation of Operation: The Company may, in its sole discretion and without prior notice to You, discontinue the operation of the Website and distribution of the Products at any time.
Entire Agreement: This T&C constitutes the whole agreement between you and the Company, superseding any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The Company's omission to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If a court of competent jurisdiction rules that any provision of this T&C is unlawful, the parties agree that the court should try to give effect to the parties' intentions as represented in such provision, and the other terms of this T&C will continue in full force and effect.
Governing Law and Jurisdiction: This T&C will be construed in accordance with Indian law and will be governed by the laws of the state of Delhi, without regard to conflict of law principles. Neither you nor the Company shall begin or pursue any suit, proceeding, or claim other than in courts located in the State of Delhi to enforce the provisions of this T&C, to recover damages for violation of or default of this T&C, or otherwise arising under or by reason of this T&C. By using this Website or ordering Products, you agree to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising out of or in connection with these Terms and Conditions.
Waiver of Class Action Rights: By accepting the Terms and Conditions, you irrevocably relinquish any right you may have to combine claims with those of others in the form of a class action or similar procedural device; any claims arising out of, pertaining to, or connected with this T&C must be brought individually.
Termination: The Company has the right, in its sole discretion, to cancel your access to the Website if it reasonably thinks that you have violated any of the terms of this T&C. Following termination, you will be unable to use the Website, and the Company reserves the right, in its sole discretion and without prior notice to you, to cancel any outstanding orders for Products. If your access to the Website is terminated, the Company maintains the right to use all means necessary to prevent unauthorised access to the Website. This T&C shall be in effect forever, unless and until the Company chooses to terminate it in its sole discretion and without prior notice to You.
Domestic Use: The Company makes no representation that the Website or Products are suitable for use in locations other than India. Users who access the Website from outside India do so at their own risk and responsibility and are solely responsible for complying with any applicable local laws.
Assignment: You may not assign your rights and duties under these Terms and Conditions to anybody. The Company may assign its rights and duties under these Terms and Conditions at its sole discretion and without prior notice to you.
By using this Website or ordering Products from this Website, you agree to be bound by this T&C.
Survival: If any provision or provisions of these Terms and Conditions are found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.
Contact Us: Please contact us if you have any concerns or comments about the Products or the Website (including inquiries about non-copyright infringement).