Terms & Conditions

This user agreement, privacy policy, shipping and return policy and other related information published on website has been published in accordance with rules of information technology (intermediaries’ guidelines) rules, 2011. You must go through this user agreement, privacy policy, shipping & return policy and other related information/documents as provided on the website before registering, logging in or making any purchases. If you don’t agree you should not go ahead with registering, logging in or making any purchases.

Application

All visitors, who visit the website or log in or make purchases.

User agreement

This user agreement (this “agreement”) contains terms & conditions, policies, rules & regulations and agreement applicable to any person, who may access or use website, including webpages, sub-domains, extensions, and third party websites, if any. The terms of the privacy policy, shipping & return policy, f&q, and other information provided on the website has been incorporated herein by reference. Same form part and parcel of this agreement. Accepting this agreement shall mean deemed acceptance of those documents.

The company reserves the right to change this website and/or alter the terms and conditions of this user agreement at any time and retains the right to deny access to anyone who the company believes has violated the provisions of this user agreement. The company may also expand its service offerings in the future and this may be governed by different terms of service. The relevant service will carry a mark to indicate the specific terms of service applicable to it. The registration formalities would require acknowledgement of these terms of service as a pre-condition of your enrollment.

You are advised that any amendment to the user agreement or policies or statement or other documents incorporated herein by reference will only be notified on the website on publicly accessible links and you agree by browsing, accessing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the company posts the same on the website. You agree and acknowledge to be bound by the terms of this agreement.

Accepting the terms of use

You agree that you accept the terms of this user agreement, privacy policy, shipping & return policy and other related information/documents by registering, logging in or making any purchases and specifically by doing the followings:

  • By clicking to accept or agree to the terms, in the user interface for any service; or
  • By actually using the services; or
  • Accessing or using the website, including webpages, sub-domains, extensions and third party websites, in any manner.
Eligibility

This website may only be used or accessed by such persons who can form legally binding contracts under the indian contract act, 1872. Thus, by accessing, browsing or otherwise using this website you agree that:

  • You are above 18 years of age;
  • You are a person of sound mind and not undischarged insolvent;
  • You are otherwise not incompetent to contract within the meaning of indian contract act, 1872

If you represent and register as a business entity, by accepting the user agreement, you assure and agree that such entity has sufficient authority under applicable law to enter into the user agreement and you are duly authorized by such entity to accept this user agreement and you have the authority to bind that business entity to this user agreement.

Definition

For the purpose of this agreement:

“Company” means and denotes jovees herbal care india ltd. A company incorporated under the companies act, 1956 with its registered office at a-63, sector 64, noida – 201301

“Delivery/delivered” means physical delivery of the items to the purchaser (for which a transaction price has been paid by the purchaser) through the prescribed method.

“Dispatch/dispatched” shall mean that the items (for which a transaction price has been paid by the purchaser) have been dispatched by the company/seller/jovees.com through a courier service or by the logistics partner at the address provided by the purchaser.

“Purchaser” means the person, entity or organization who/which purchases products from or through the website.

“Seller” shall mean the company, however this may also include the third party vendor, who lists its product on the website and who is bound to make direct delivery to the purchaser under an agreement with the company or otherwise.

“Services” denotes the services provided by the company through the website and other allied or ancillary services as are informed through the website. “Transaction price or purchase price” shall mean the purchase price paid by the purchaser for the product and the same may include the courier or other charges prescribed, as provided by the company.

“User” and wherever the context may require 'you' (or any variation thereof), shall mean any natural or legal person

  • Who access or browse the website, web pages, sub-domains, third party website; and/or
  • Register himself/herself or logs in; and/or
  • Who makes purchasing from or through the website; and/or
  • Otherwise makes use of the services.

"Website" shall mean jovees.com, including web pages, sub-domains, third party website where context may so require.

Product & Services

You agree that the products and services of the website are for personal use only. You are entitled to sell or resale the products and services or sample thereof, which you purchase from the website. The website reserves it right to restrict or reduce the quantity of your purchase, if in the belief of the website you are violating the terms & conditions.

The company may provide services through itself, or through its subsidiaries, affiliated legal entities or the registered vendor(s) around the world. You acknowledge and agree to the same.

The company is constantly innovating in order to provide the best possible experience for its users. You agree and acknowledges that the nature and form of the services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that the company may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at company’s sole discretion, without prior notice to you.

You acknowledge and agree that if company disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product, colors, descriptions, information or other content available on the website are accurate, complete, reliable, current or error-free.

User registration, information and communication

You acknowledge and agree that while registering or making purchases or for any other purpose you will provide yours true, accurate and complete information while registering or for any other purpose when prompted to do so on the website. You will also provide the correct billing address/shipping address. You will be solely liable & responsible for providing wrong information. You are also solely responsible to maintain and promptly update the information provided while registering or making purchases or for any other purpose on the website to ensure that the information provided by you is true accurate, current and complete at all times. Company takes no responsibility for any delay/non delivery of the goods on account of failure of the user to update the contact information provided on the website.

You are prohibited from misrepresenting your identity and agree not to represent yourself as another user or login/register using the identity of any other person. If provide information is untrue, inaccurate, not current or incomplete or company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete or not in accordance with this user agreement, its reserves the right to indefinitely suspend or terminate or block your use or access to the website in any manner whatsoever. You acknowledge and agree that you are solely responsible for maintaining secrecy and confidentiality of your username and password and other information provided.

You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The company, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.

You acknowledge and agree that you will keep you updated with all data, information and communication pertaining to you made available on the website.

You further agree that your use of the website or the provision of any data or information including any correspondence (by email or otherwise) to or by the company is through electronic records and you consent to receive communication from the company via electronic records which will be deemed adequate service of notice/electronic record.

Terms of use & user’s obligation

You agree and understand that:

  • Company and website merely provides hosting services to its users who access the website for purchase of products.
  • You give permission to the website and the company to store details and records of your usage of the website indefinitely. However, this does not constitute any obligation on the part of the company or the website to do so.
  • The company reserves the right to introduce new services or modify or suspend the existing services provided on the website.
  • The company may appoint any third party service provider to provide backend operations and support, including but not limited to collection, processing and remittance of the transaction price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the logistics partner.
  • The company neither originates nor transmits any communication/information on behalf of any user nor does it modify the contents of any communication transmitted.
  • The company has no control over third parties and contents generated by the users on the website.
  • Any information provided by you to the company or submitted on the website or provided in the feedback area or through any e-mail communication is solely your responsibility and the company or the website merely is a platform where such information is distributed, published, displayed or used by users. Company or the website is not liable for accuracy, appropriateness or legality of such information.
  • You will be responsible for keeping backup versions of the information and data provided by you. You will not expect the website to restore or keep back up of your information and data and not hold the website or company accountable for any loss of data in any circumstances.
  • If you choose to provide feedback on the website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
  • You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any user or the website or your experience whilst using the website, known to you from first-hand experience only.
  • You must inform company immediately on becoming aware of violation of any applicable laws or violation of the provisions of this user agreement and the rules and policies made there under. You further agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that-
    • belongs to another person and to which the user does not have any right to;
    • is grossly harassing, harmful, defamatory, blasphemous, pedophilic, obscene, pornographic, invasive of another's privacy, libelous, hateful or racially, ethnically objectionable, relating or encouraging money laundering or gambling, disparaging or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any trade mark, copyright or patent or other proprietary rights;
    • violates any law for the time being in force;
    • misleads or deceives the addressee about the origin of such messages or communicates any information which is grossly menacing or offensive in nature;
    • impersonate another person;
    • contains any computer code, files, software viruses or programs which may to destroy, interrupt or limit the functionality of any computer resource;;
    • threatens the integrity, unity, 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 any other nation.


You also agree and acknowledge that:

  • you will not to access (or attempt to access) any of the services by any means other than through the interface that is provided by company or website, unless you have been specifically allowed to do so in a separate agreement with the company.
  • you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
  • unless you have been specifically permitted to do so in a separate agreement with the company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

You agree and acknowledge that company’s performance of this agreement is subject to existing legal process and laws, and nothing contained in this agreement is in derogation of company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by company with respect to such use.

Disclaimers

The company or the website shall not be liable for any errors or omissions on behalf of the third parties.

The company or the website does not make any representation or warranty as to the attributes (such as marketability, merchantability, usefulness for any particular purpose) purchased on the website.

The company or the website or its suppliers, affiliates and service providers, in no event shall be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the website, the services provided by the logistics partner or gateway partner or any other services or this user agreement.

The company or the website aggregate liability in all circumstance is limited to the amount of charges/ fees, if any, paid by you to it. The company or the website, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, graphics, text, links or communications provided on or through the use of the website or that the operation of the website or the logistics partner or gateway partner will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the website or for the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website or any delay, failure, interruption or errors in the operation of the website or the logistics partner or gateway partner or for other services.

Intellectual property & proprietary rights

You acknowledge and agree that company (or company's licensors) own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is confidential to the company and that you agree that you shall not disclose such information without company's prior written consent.

Unless otherwise agreed in writing by the company, nothing in the terms gives you a right to use any of company's trade names, trade mark, service marks, logos, domain names, and other distinctive brand features.

You will not use any intellectual property rights, including that of the trade mark copy right, design, service mark, trade name, logo of any company or organization in a manner that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos, unless you are specially authorized by the website to do so.

Advertisement Services

Some of the services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, queries made through the services or other information.

The manner, mode and extent of advertising by company on the services are subject to change without specific notice to you.

In consideration for company granting you access to and use of the services, you agree that company may place such advertising on the services.

Other Content

You further agree and acknowledge that the services may include hyper-links to other web sites or content or resources. Company may have no control over any web sites or resources which are provided by companies or persons other than the company.

You acknowledge and agree that the company is not responsible for the availability of any such external sites or resources, and does not endorse any products, advertising, or other materials on or available from such web sites or resources. Company/website will not be liable for any loss, cost or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the accuracy, existence or completeness, of any products, advertising or other materials on, or available from, such web sites or resources.

Indemnity

You undertake to indemnify and hold harmless company, (including its subsidiaries, parent company, affiliates, third party, its officers, directors, employees, agents, contractors) from any claim, action or demand, including reasonable litigation and attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the user agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party payment.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, demand or action resulting from your use of company’s product or services or breach of these terms and conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable litigation and attorneys' fees, resulting from your use of software spiders, robots, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Payment

For the purposes of buying any item listed on the website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of company.

Process/Transaction

Company or the website neither makes any representations nor makes any warranties regarding the amount of time which may be needed to complete processing, including delays in the banking system and nor shall company or the website be liable for any actual or consequential damages arising from any claim of delay.

Information

The personal information / data including but not limited to the information provided by the you to the website during the course of a transaction shall be treated as strictly confidential and the information provided may be retained in accordance with the privacy policy which is incorporated herein by reference and applicable laws and regulations including but not limited to information technology act, 2000 and rules there under.

By using the website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the website by the company. Company does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and company only uses your information in the manner described in the privacy policy.

If you do not agree to your information being transferred or used in this way please do not use the website.

For information about company data protection practices, please read the Privacy Policy. You agree to the use of your data in accordance with the privacy policies.

Breach

The company may at its sole discretion, without limiting other remedies it may have in law and equity, take such action as it deems fit including (but not limited to) cancellation of the transaction or payments made, forthwith temporarily/indefinitely suspend or terminate or block your membership, limit your activity, and/or refuse to provide you with access to the website. Company may also initiate any legal action at its sole discretion, particularly in the event:

  • you commit breach of the any provisions of this user agreement and those of the rules and policies, terms & conditions and documents made there under which are incorporated therein by reference;
  • company/website is unable to verify or authenticate any information provided by you;
  • company/website believes that your actions may cause legal liability to company/website, other users or yourself.

No actions, omissions or decisions taken by company/website shall waive any rights or claims that company/website may have against the user.

When you are suspended or blocked, you shall not register or attempt to register with the website or use the website in any manner whatsoever until such time that you are reinstated by company/website.

Transaction/Payment/Refund

You agree that:

  • at the time of purchase you shall be redirected to the merchant/intermediary/participating bank’s website where you shall be required to put your credit/card/internet banking and other details for effecting purchase. Such details shall include the card number, email id, password, cvv number. Use of merchant/intermediary/participating bank shall be subject to the terms & conditions of their website and all your information shall be governed by their privacy statement. Such websites may also prompt you to save information, which you can do at your own will.
  • company/website shall have right to limit the amount payable and volume of transaction that may be conducted on single valid card/valid bank account by a buyer and may refuse to process transaction(s) exceeding such limit and may also block certain valid cards or valid bank accounts that are suspected to be misused while paying the transaction price.
  • to prevent any misuse, a payment (in whichever method) of the transaction price initiated by the purchaser may be flagged or kept on hold for additional checks and verification in which case the company / website may contact the purchaser for verification of or additional information, details, data and documents.

    Company/website may not confirm the payment if such details, data, information and documents are misleading, inaccurate, false, incorrect or incomplete and consequently the valid card and/or the valid bank.

    Dispatch timelines will not commence until payment is confirmed.

  • company/website shall have right to refuse to process transaction price in respect of transactions by purchasers with a prior history of questionable charges including without limitation breach of any agreements by purchaser with company/website or breach/ violation of any applicable law or any charges imposed by the issuing bank.
  • you shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) within 15 days of expiry of the delivery time (including any extension thereof) if you do not receive the delivery within the time period agreed or within time period prescribed herein, whichever is earlier. In the event you do not raise a refund claim using the website within the prescribed time you shall be ineligible for a refund.
  • if you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make required payment at the time of delivery, the transaction will be cancelled and the item will be returned to company/website or the seller. In such a case company/website or the seller will be entitled to recover reasonable compensation and cost for services provided including those costs incurred for shipping, couriering, handling, processing your order and for any other services provided to you.
  • all payments for refund of the transaction price shall be in accordance with the provisions contained herein and applicable laws in india, particularly the directions issued by the reserve bank of india from time to time in respect of opening and operation of accounts, and settlement of payments for electronic transactions involving intermediaries.
  • refunds, if any, shall only be made in indian rupees and shall be equivalent to the transaction price received. Purchaser shall bear any foreign exchange conversion risk, loss, charges or fees, if any.
  • refund shall be subject to the purchaser complying with the provisions of the user agreement and the rules and polices made here under and company/website shall have recourse to such refund in case of any misuse by purchaser.
  • all transactions conducted on the website for which valid cards and valid bank accounts are used for remittance of payment for transactions will also be governed by the terms and conditions agreed to between the purchaser and the respective issuing bank and payment instrument issuing company and the terms agreed between jovees.com and payment gateway provider, as applicable and you shall not violate any such terms and conditions. You agree to indemnify and hold harmless company/website and its service providers against any direct or indirect liability that may arise on account of such violation.
General

Any notice directed to the company may be sent on customercare@jovees.com. Any notices directed to the user by the company shall be displayed at the website and same shall be adequate notice to the user. The company may at its discretion give notice to you by email and any notices to you by company/website shall be provided to the email address provided by you during the registration process. Alternatively, the company may at its discretion give you notice by registered mail, postage prepaid and return receipt requested, to the address provided by you during the registration process.

If any clause of this user agreement or the application thereof to any user or circumstance shall be held or deemed as void, invalid, not applicable or for any reason unenforceable to any extent, the rest or remainder of provisions of this user agreement shall not be affected thereby

This agreement, together policies, statements, etc. Incorporated herein by reference shall comprise entire understanding and agreement between you and the company with respect to the subject matter herein.

The company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this agreement hereunder to any other person without your prior consent.

All remedies available to the company/website under this agreement are cumulative, and not alternative. Remedies available as such shall be enforceable successively or concurrently. Such remedies shall be without prejudice to the remedies available under the statute, common law, civil law, custom or trade uses, or common law.

Your use of services does not create any employee-employer relationship, joint venture, principle –agent relationship, partnership, which you agree.

Force majeure

Event of force majeure" means an event beyond company/website’s control or the third party service provider, which prevents company or such third party from complying with any of its obligations under this contract, including but not limited to:

  • act of god
  • fires, drought, explosions, floods etc.;
  • war, hostilities (whether declared or not), act of foreign invasion, embargo, mobilization, or requisition;
  • revolution, rebellion, insurrection, or civil war or military or usurped power;
  • riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the supplier or of his subcontractors; or
  • acts or threats of terrorism.

Neither company/website nor the third party service provider shall be considered in breach of this agreement to the extent that performance of their respective obligations is prevented by an event of force majeure.

Grievance Redressal/Dispute Resolution

You agree that in case of any grievance, objections, complaint, dispute differences, whether it relates to use of website (including suspension, termination or blocking of your membership and right to use), other users, content of website, privacy, order, delivery, payment, and product or anything or circumstances relating to aforesaid or others or in connection with the validity, interpretation, implementation or alleged breach of any provision of the user agreement or other agreement, the same shall be resolved as per the following procedure:

  • you shall address your grievance to designated grievance officer at customercare@jovees.com and provide him/her all necessary information/documents to enable him/her to resolve the issues. The name and contact details of grievance officer is mentioned in the privacy policy;
  • if your grievance/dispute/differences is not resolved within a period of 30 days from the date of lodging of complaint or such other period as may be deemed necessary by the grievance officer, the same shall be referred to conciliation of a conciliation officer appointed by the company/website, which shall be conciliated at delhi. You may participate in conciliation through mail exchange, telephone, fax, or other electronic medium.
  • if the aforesaid conciliation fails, the dispute/differences shall be referred to the sole arbitrator appointed by the company. The sole arbitrator shall conduct the arbitration proceeding as per the provisions of [indian] arbitration & conciliation act, 1996 or any statutory modification or enactment thereof. The place of arbitration shall be at delhi and language used english. The award passed by the sole arbitrator shall be final and binding upon you as well as the company.
Governing law

This user agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India. Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

The courts at Delhi/Noida shall have exclusive jurisdiction in respect of all the dispute/differences arising thereof or concerning or relation or arising out of the arbitration proceeding. This electronic record is generated by a computer system and does not require any physical or digital signatures.