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PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website- www.curaehealth.in(the “Website”), owned by Curae Health, for offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Curae Health reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Curae Health recommends you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Curae Health for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Offer: This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Order Placement: Once you place the order and confirm the payment and the payment is received in our account (may take up to 48hrs.), your order is packed and couriered. The delay by the delivery/courier company will not be our responsibility. Once your order is couriered, you will receive an e-mail on the e-mail address you registered with while placing the order.
Advice: Every reasonable effort has been made to ensure that healthcare advice contained on this site is both correct and up to date. However, advice given is of a general nature only and Curae Health makes no claims or warranties as to its accuracy or usefulness to any individual. Curae Health emphasizes that you should only rely on the advice of a healthcare professional who is aware of your specific situation.
Usage & Dosage Instructions: Always read the label and product information that accompanies any product from Curae Health. Please take proper advice from a Health Professional regarding the usage and dosage of each product before consumption.
Cancellation and Returns: To offer complete peace of mind while ordering at Curae Health, customer can return all items within 10 days of receipt of goods. To initiate your return, you have to make request for return by dropping an e-mail with order number at firstname.lastname@example.org. To be eligible for a return, the item must be unused, packaging intact, not tampered with and in the same condition that you received it. The product should not be damaged in transit due to improper packing by customer when couriering it back to the company. The original invoice is mandatory with the returned goods to initiate the refund. All products are subject to check by our team within 15 days of receipt of material by us. Once our team is satisfied with the condition of the items returned, they will confirm the customer about acceptance of return and refund will be initiated. The customer will get the refund credited to their account within 15 days after the confirmation by our team. The decision by our team will be final and non-challengeable in court.
Delivery Charges: Courier charges will be applicable and mentioned in the total charges. Applicable for deliveries in India only. For deliveries outside India – Please contact us through Contact Form in Contact Us or email at email@example.com.
Customer Solicitation: Unless you mail us at our company mail id firstname.lastname@example.org of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Curae Health and its designated in house or third party call team(s).
Proprietary Rights: Curae Health has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Curae Health. Curae Health also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Goods & Service Tax (GST) & Other Taxes: If you purchase any Products, you will be responsible for paying any applicable tax.
Content; Intellectual Property; Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about products and services. Curae Health does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Curae Health does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Curae Health does not endorse the contents on any such third-party websites. Curae Health is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. The various names, service marks and logos appearing on the curahealth.in website are generally registered and protected trademarks and are the property of their owners, whether Curae Health or third parties. Curae Health reserves all rights in respect of all elements of the curaehealth.in website with the exception of rights belonging to third parties.
Use of Website: Curae Health is not responsible for any damages resulting from use of this website by anyone. Curae Health accepts no liability for viruses that can infect the user’s computer equipment following its use of data or text on the site. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Curae Health or the applicable third party (if third party content is at issue). No license is granted to you in these Terms and Conditions to use any trademark of Curae Health or its affiliated companies.
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Curae Health a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Curae Health does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Curae Health is not liable for any damage or harm resulting from any posts by or interactions between users. Curae Health reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Curae Health deems objectionable at Curae Health’s sole discretion.
Cookies: Cookies are small data elements which a website may send your browser to give you better support when using database-assisted systems. However, you can set your browser in such a way that it informs you when you receive a cookie or automatically declines to accept it. You can therefore decide for yourself whether or not you wish to accept. However, non-acceptance of a cookie means that you cannot set up a personal account with www.curaehealth.in.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. Curae health expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
Without limiting the generality of the foregoing, Curae Health makes no warranty: (1) That the information provided on this website is accurate, reliable, complete, or timely. (2) That the links to third-party websites are to information that is accurate, reliable, complete, or timely. (3) No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. (4) As to the results that may be obtained from the use of the products or that defects in products will be corrected. (5) Regarding any products purchased or obtained through the website. (6) Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IV. LIMITATION OF LIABILITY
Curae Health’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less taxes less shipping and handling, for products purchased via the website.
Curae Health will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) The use or the inability to use the website content or products; (2) The cost of procuring substitute products or content; (3) Any products purchased or obtained or transactions entered into through the website; or (4) Any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless Curae Health, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) This Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) The Website content or your use of the Website content; (3) The Products or your use of the Products (including Trial Products); (4) Any intellectual property or other proprietary right of any person or entity; (5) Your violation of any provision of this Agreement; or (6) Any information or data you supplied to Curae Health. When Curae Health is threatened with suit or sued by a third party, Curae Health may seek written assurances from you concerning your promise to indemnify Curae Health; your failure to provide such assurances may be considered by Curae Health to be a material breach of this Agreement. Curae Health will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Curae Health’s choice at your expense. Curae Health will reasonably cooperate in any defense by you of a third-party claim at your request and your expense. You will have sole responsibility to defend Curae Health against any claim, but you must receive Curae Health’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: Curae Health will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Curae Health may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Curae Health and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Curae Health to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from the city of Jaipur in state of Rajasthan. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Curae Health will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located at Jaipur (Rajasthan). By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within three months after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of A class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination: Curae Health reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Curae Health may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Curae Health reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Curae Health chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Curae Health makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Curae Health may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.