1. General
- This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, 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 signature.
- This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the Rules and Regulations, Privacy Policy, and Terms of Use for access to or usage of www.parbatherbal.com.
- The domain name www.parbatherbal.com ("Website"), including its online services such as the use of software on the Website and information, articles, news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website, is owned and operated by Parbat Herbal, having its place of business at Plot No-36/U5, Road No.13, BMC School No 03, Shivaji Nagar 2, Govandi, Mumbai, Maharashtra, India – 400043, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- For these Terms of Use ("Terms"), wherever the context so requires:
- The term "You" or "User" shall mean any legal person or entity accessing or using this Website or the services provided or registered on this Website, who is competent to enter into binding contracts as per the provisions of the Indian Contract Act, 1872.
- The terms "We", "Us", and "Our" shall mean the Website and/or the Company, as the context so requires.
- The terms "Party" and "Parties" shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only to organize the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein. Further, it is specifically agreed that the headings shall have no legal or contractual value.
- The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy ("Policy") available on the Website, and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User's unequivocal acceptance of these Terms and the Policy, and the User expressly agrees to be bound by the same. The User expressly agrees that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.
- The User unequivocally agrees that these Terms and the Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service provided by the Website, which shall be deemed incorporated into these Terms. The User acknowledges that no signature or express act is required to make these Terms and the Policy binding, and that visiting any part of the Website constitutes full and final acceptance of these Terms and the Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without prior permission or intimation to the User, and any such amendments shall take effect immediately. The User has a duty to periodically check the Terms and stay updated. Continued use of the Website following such a change shall be deemed as consent to the amendments. Subject to compliance with these Terms, the User is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website.
2. Our Services
Parbat Herbal is an online platform offering Ayurvedic, Unani, and herbal wellness products to a wide online population. The Company markets and sells good-quality Ayurvedic and herbal products in the form of juices, powders, oils, churans, and food supplements, addressing a range of health needs including Immunity, Kidney Health, Constipation, General Wellness, and Skin Care, under the brand name "Parbat Herbal". Parbat Herbal is committed to raising the bar of User satisfaction with each passing day. The Website is an online platform that enables the User to purchase the Ayurvedic and herbal products listed on the Website at the price indicated, at any time and from any location.
3. Eligibility
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, or regulation currently in force.
4. Term
These Terms shall continue to form a valid and binding contract between the Parties and remain in full force and effect until:
- The User continues to access and use the Website; or
- The transaction between the Parties, if any, concludes to the satisfaction of both Parties; or
- You agree and acknowledge that www.parbatherbal.com does not control, in any manner, transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and Parbat Herbal.
Whichever is longer. The Parties agree that certain portions of these Terms ("Sections") shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
5. Termination
The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed that the User shall not have the right to terminate these Terms until their expiry as described in Section 3 above.
6. Facilities Rendered by the Website
- Parbat Herbal is a platform where customers can access relevant information pertaining to their choice of Ayurvedic and herbal products — including juices, oils, powders, and churans covering health needs such as Immunity, Kidney Health, Constipation, General Wellness, and Skin Care — and their use, with the Company's assistance.
- The User may access their Account on the Website by logging in through third-party website credentials, including that of Facebook, Google, or any other social media/Internet service permitted on the Website (collectively, "Account Information").
- Parbat Herbal provides natural Ayurvedic and herbal products to the User. The colour of the products might change due to seasonal variations. Though Parbat Herbal does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered for sale, or purchased on the Website.
- By using this Website and providing contact information to the Company, the User agrees and consents to receiving calls, auto-dialled and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or its affiliates or partners at any time, subject to the Policy. Users who wish to stop receiving marketing or promotional communications may send an e-mail to that effect to customer@parbatherbal.com. The User agrees that it may take up to seven (7) business days for the Company to give effect to such a request.
The User expressly agrees that, notwithstanding the above, he/she may be contacted by the Company or its affiliates/partners relating to any service availed of on the Website. Any information shared by the User with the Company shall be governed by the Policy.
7. Charges & Payment
- Payments for the services/goods offered by Parbat Herbal shall be made through the payment gateway Razorpay, including Net Banking, Credit Card, Debit Card, UPI, and other wallets, as well as Cash on Delivery where applicable.
- Parbat Herbal offers no guarantees whatsoever regarding the accuracy or timeliness of refunds reaching the Users' card/bank accounts.
- GST on all the above components shall be charged separately.
- Parbat Herbal has the right to hold or reclaim payment in cases of abuse, fraud, or violation of this agreement.
The Company reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be notified when attempting to access the Website, and shall have the option of declining to avail of the services offered. Any such change, if made, shall come into effect immediately upon being notified to the User, unless specified otherwise.
8. Terms, Conditions and Duties of the User
- It is the duty of the User to provide true, accurate, and complete information on the Website. If any User detail is found to be false, Parbat Herbal reserves the right, at its sole discretion, to reject the registration and debar the User from using the Website's services, without prior intimation.
- The User agrees to comply with all notices or instructions given by Parbat Herbal from time to time to enable use of the Services.
- The User shall take care to choose the right product and is advised to check the product description carefully so that Parbat Herbal can deliver the correct product. Any order placed by the User is a firm commitment to purchase, and the User is obligated to complete the transaction without contesting it. By placing an order, the User agrees to be bound by the conditions of sale included in the item's description.
- The User can track their order as soon as it has been shipped, via the tracking link sent by email, or by logging into the 'My Account' section on the Website.
- The User understands and agrees that they are responsible for all applicable taxes and costs incurred in using the Website's services.
- The User shall promptly make payment to Parbat Herbal towards goods purchased as and when it becomes payable.
- The User agrees not to make any bulk purchase for resale or illegal purposes. In such a case, Parbat Herbal reserves all rights to cancel current and future orders and block the concerned User account.
- The User acknowledges that in case a listed product carries an incorrect price or information due to a typographical or technical error, Parbat Herbal shall have the right to refuse or cancel any order placed for the product listed at the incorrect price.
- The User shall indemnify and hold the Company harmless for any loss or damage arising out of the User's failure to comply with applicable laws or regulations, or breach of the warranties and representations herein.
- The User shall, at all times during the pendency of this agreement, endeavor to protect and promote the interest of the Company and ensure no damage to any third party arising from the User's acts or omissions.
- The User shall not cut, copy, distribute, modify, recreate, reverse engineer, disseminate, post, publish, create derivative works from, transfer, or sell any information or software obtained from the Website, except with prior express written permission of the Company. Unlimited or wholesale reproduction or copying of content, and unwarranted modification of data on the Website, is expressly prohibited.
- The User is responsible for maintaining the confidentiality of their account and password, and for restricting access to their computer to prevent unauthorized use.
- The User shall be responsible for all activities that occur under their account.
- The User agrees and acknowledges that their account on the Website is to be used only for personal purchases.
The User further undertakes not to:
- Abuse, harass, threaten, defame, or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website or its services, or the servers/networks connected to it;
- Impersonate any person or entity, or misrepresent affiliation with a person or entity;
- Publish or disseminate information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of privacy, hateful, discriminatory, or otherwise unlawful under any applicable law, including the Indecent Representation of Women (Prohibition) Act, 1986;
- Post content that infringes the copyright, patent, or trademark of another person or legal entity;
- Upload or distribute files containing viruses, corrupted files, or other harmful software;
- Download files posted by other Users that cannot be legally distributed;
- Probe, scan, or test the vulnerability of the Website or breach its security/authentication measures, or attempt to trace information about other Users;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website or its systems, resources, servers, or networks;
- Collect or store data about other Users of the Website;
- Use the Website for any unlawful purpose or to solicit illegal activity;
- Violate any applicable code of conduct or guideline for products/services offered on the Website;
- Violate any applicable laws, rules, or regulations in force within or outside India;
- Violate any portion of these Terms or the Policy;
- Threaten the unity, integrity, defence, security, or sovereignty of India, or public order, or incite the commission of any offence;
- Publish or disseminate false, inaccurate, or misleading information;
- Offer or trade any item whose dealing is prohibited or restricted under applicable law;
- Commit any act causing the Company to lose the services of its internet service provider or disrupting services of any other supplier;
- Engage in unsolicited advertising or solicitation to other Users, or transmit chain letters or unsolicited commercial messages via the Website.
The User hereby expressly authorises the Company/Website to disclose any information relating to the User in its possession to law enforcement or government officials, where the Company believes, in its sole discretion, that such disclosure is necessary in connection with the investigation and/or resolution of possible crimes, including personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necess—