Terms and Conditions

These terms were last modified on 11 September 2018.

Welcome to Hans Herbals!

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of Hans Herbals market place platform – http://www.hansherbals.com (here in after referred to as “Platform”)

Your use of the Hans Herbals, its services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the Hans Herbals including the applicable policies which are incorporated herein by way of reference. By mere use of the Hans Herbals, you shall be contracting with Hans Herbals Designs Private Limited, the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with Hans Herbals.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Hans Herbals“, “We“, “Us“, “Our” shall mean Hans Herbals Private Limited and its affiliates.

When you use any of the services provided by us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Hans Herbals Policies including but not limited to Privacy Policy as amended from time to time.

User Account, Password, and Security:

If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to following norms:

  • Immediately notify Hans Herbals of any unauthorized use / breach of your password or account, and
  • Ensure that you exit from your account at the end of each session.

Services Offered:

Hans Herbals provides a number of Internet-based services through the Platform. One such Service enables Users to purchase variety of Ayurveda Medicines or Herbal Products. The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. Hans Herbals is not and cannot be a party to or control in any manner any transaction between the users of Hans Herbal. Henceforward:

  • Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be reflected incorrectly and in such an event seller may cancel your order(s).

User Conduct and Rules on the Platform:

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which you do not have any right.
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner,
    • is misleading in any way,
    • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”,
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous,
    • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity,
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page),
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses,
    • Contains video, photographs, or images of another person (with a minor or an adult).
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
    • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services,
    • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products,
    • violates any law for the time being in force,
    • threatens the unity, integrity, defence, 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 in any other nation,
    • shall not be false, inaccurate or misleading,
    • Shall not create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
  • A User may be considered fraudulent in case of loss to business due to fraudulent activity if any of the following scenarios are met:
    • Users doesn’t reply to the payment verification mail sent by Hans Herbals
    • Users fails to produce adequate documents during the payment details verification
    • Misuse of phone/email  of another Users .
    • Users use invalid address, email and phone no.
    • Overuse of a voucher code
    • Use of a special voucher not tagged to the email ID used.
    • Users returns the wrong product
    • Users refuses to pay for an order
    • Users involved in the snatch and run of any order
    • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Hans Herbals
    • User with a very high return rate
    • Repeated request for monetary compensation for fake/used order
  • Hans Herbals may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Hans Herbals:
    • Invalid address given in order details
    • Any malpractice used to place the order
    • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
    • Any order paced using a technological glitch/loophole.
  • You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Hans Herbals.
  • You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Hans Herbals by sharing multiple address and phone numbers or transacting with malafide intentions.
  • We on certain landing page even allow our Users to experience free exchange of ideas and observations, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Hans Herbals on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • Hans Herbals Return & Exchange Policy offers you the option to return or exchange items purchased on Hans Herbals within Fifteen (15) days of the receipt. In case of return of the purchased item, please refer to the “Return Policy” on our Hans Herbals.
  • Contents Posted on Platform:

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

  • do not remove any proprietary notice language in all copies of such documents,
  • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  • make no modifications to any such information, and
  • Do not make any additional representations relating to such documents.
  • Privacy:

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy respond to claims that an advertisement, posting or other content violates the rights of a third party or protect the rights, property or personal safety of our users or the general public.

We  will share some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Hans Herbals, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Hans Herbals.

  • Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
    • Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
    • Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that Hans Herbals ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
    • Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Hans Herbals for purposes of tax or regulatory compliance.
    • Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Hans Herbals.
    • User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.
    • Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
    • Shared Information: What types of information are not allowed on Platform?
    • Nudity or other sexually suggestive content
    • Hate speech, credible threats or direct attacks on an individual or group
    • Content that contains self-harm or excessive violence
    • Fake or impostor profiles
    • Spam
  • Technical and functional management of the Platform: When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.
  • Operational Use: We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform.
    • Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
  • Applicable law and procedure: We collect and store your Correspondence Information to: (a) comply with our obligations under law and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
    • Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone.
  • Cookie Policy: A cookie is a small text file that we place on your mobile device to enable various features of Hans Herbals. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. Whenever Hans Herbals uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and Hans Herbals in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on behalf of Hans Herbals.

 

  • Third Party: At times We may tie-up with third parties or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
    • We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
  • Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Hans Herbals does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

  • E-Platform for Communication:

You agree, understand and acknowledge that Hans Herbals is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time.

  • Trademark, Copyright and Restriction:

All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Hans Herbals is solely for your personal use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Hans Herbals or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

  • Limitation of Liability:

In no event shall Hans Herbals be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Hans Herbals shall not be held responsible for non-availability of the Hans Herbals during periodic maintenance operations or any unplanned suspension of access to the Hans Herbals. The User understands and agrees that any material and/or data downloaded at Hans Herbals is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Hans Herbals’s liability shall be limited to an amount equal to the Products purchased value bought by You. Hans Herbals shall not be liable for any dispute or disagreement between Users
  • Termination:

Hans Herbals may suspend or terminate your use of the Hans Herbals or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Hans Herbals chooses to terminate them.

  • If You or Hans Herbals terminates your use of the Platform or any Service, Hans Herbals may delete any content or other materials relating to your use of the Service and Hans Herbals will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Hans Herbals for purposes of tax or regulatory compliance.
  • Hans Herbals may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Hans Herbals credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Hans Herbals.
  • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Hans Herbals by sharing multiple address and phone numbers or transacting with malafide intentions then Hans Herbals reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
  • Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, for a, applicable authorities at Haridwar. The place of jurisdiction shall be exclusively in Haridwar.

  • Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Hans Herbals. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Hans Herbals nor shall Hans Herbals have any obligations or liabilities in respect of any transactions on Platform.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site.