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Accuracy of content and invitation to offer:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular, to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Packaging may vary from that shown. The weights, dimensions, and capacities given are approximate only. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product (s) ordered. Dispatch of all the product (s) ordered, may or may not happen by us and the balance would continue to be an offer to us and we reserve the right to accept or reject such balance order. No act or omission of Million Billion Dreams Hub Pvt Ltd. Prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/ contact you again to confirm dispatch and therefore acceptance of the order.
1. Membership Eligibility
Use of mbdhwellness.com is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website www.mbdhwellness.com and shall not transact on or use the website. As a minor, if you wish to use or transact on mbdhwellness.com, such use or transaction may be made by your legal guardian or parents on the Website. mbdhwellness.com reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to mbdhwellness.com’s notice or if it is discovered that you are under the age of 18 years.
If you wish to schedule an appointment with a doctor or conduct a transaction on mbdhwellness.com, you may or will have to register on the Website and become a registered user ("Website User") prior to the completion of any transaction on the Website. To register on the Website, a user will have to provide information such as his/her name, email address, and phone number and create a user name and password. You understand that the Website may introduce a fee for registration on the Website ("Registration Fees"). Registration Fees, if and when introduced shall be non-refundable. The website may introduce special features which may be made available to Website Users who pay Registration Fees.
Registration is only a one-time process and if the Website User has been previously registered, she/he shall log in / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information current.
A Website User may wish to schedule an appointment through his/her account for his/her family members and friends. While a Website User will be able to do, please note that such a Website User will be responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
3. Registered User
1. In order to purchase Products, the User will create an "account", which will require sharing personal information, including but not limited to name, personal particulars, telephonic contact details, e-mail address, mailing address, bank account details, debit card number, credit card number, expiration dates as well as certain other information which may need to be furnished or be available in User's account to place orders.
2. In order to purchase Products through the Website, the User confirms that he/she is competent to contract as per the Indian Contract Act, 1872.
3. In case any information provided by User, including any personal information or any information pertaining to Products ordered is false/incorrect/unclear, Website reserves its right, in its absolute discretion, to block/cancel/suspend the account of and take appropriate legal action against such a User.
4. Website shall not be under any obligation to warn User before blocking/canceling/suspending the account.
• Third Party Services:
o You understand that third-party services may be made available by the Company on the Website. For example, you may be able to find or seek medical advice or contact other health care practitioners registered with our website. Please note that in the event you choose to avail of any such third-party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third-party service providers. The website shall not be held responsible for any lapses, shortcomings, or deficiency of services by such third-party service providers to you. Website hereby does not endorse the services of any third-party service providers that are made available on the Website.
• Information Uploaded by You on the Website:
o You understand that you may have the option of uploading your health / medical information on the Website in order to enable your doctor to access your previous medical history. While the Website takes the utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading/sharing / disclosing your medical information on the Website, you hereby give your consent to the Website to store such health / medical information on the Website's servers. The website will retain such medical / health information you upload on the Website for as long as it is needed to fulfill the service you seek to avail yourself on the Website. If you delete your account, the Website will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
• Sharing of Information Uploaded by You on the Website:
o Unless you specifically consent to share information, medical or otherwise, with either doctors or third-party service providers, the Website does not share such information that you upload on the Website. While the Website takes the utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust the Website with such information, please do not share such information on the Website.
While the Website endeavors to protect any information uploaded or shared by you on the Website, you understand that the Website shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a "data room" to store your medical / health records.
• SMS Messages Received From the Website:
You understand that once you register as a Website User on mbdhwellness.com, you will receive SMS messages from mbdhwellnesss.com on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Website, and promotions that are undertaken by the Website. Please note that the Website will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, the Website may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while the Website endeavors to provide these notifications and reminders to you promptly, the Website does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you.
5. Clinical Support Information
We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, and dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis, or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties is beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that the Website is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items, or services, and the appearance of materials on the Website. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
6. Order Placement And Transactions On This Website
Products may be ordered online on the Website, mobile phone app, or through the use of any other mechanism that enables the order to be placed. The website may guide or help the User to set up the account and place the order.
1. The User/ Buyer represents and warrants that he/she shall purchase Products only for bonafide and legitimate users and not for the purpose of resale or any other activity not permissible under applicable laws.
2. Any and all products that require medical prescriptions shall NOT be sold or purchased or transacted on this website. Only over-the-counter ("OTC") drugs as well as all other non-prescription Products, which may be sold without a prescription or without any recommendation from a medical practitioner shall be sold or transacted on this website.
3. Website reserves the right to seek any additional information regarding such OTC Products and their usage from the User. For example, if a user places an order for an unusually high volume of an OTC Product, then the Website may inquire to verify if the user intended to place an order for such a high volume of the Product and the reasons that may exist for it.
4. You agree, understand, and confirm that the credit/ debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit/ debit card or financial facility which is not lawfully owned/ obtained by you.
5. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
1. Website shall try and keep the maximum retail price ("MRP") of all of its Products as accurate as possible. However, there may be instances where the MRPs shown on the website may vary from the actual MRPs on the Website's bill. In the event that a product is listed with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has been dispatched. In the event that an item is mispriced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event, we accept your order the same shall be debited to your credit/debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account. We strive to provide you with the best value; however prices and availability are subject to change without notice.
2. Payment for the Products ordered can be made online through debit cards, credit cards, net banking, as well as other payment channels that the Website allows on the Website. Cash payments shall also be permissible at the sole discretion of the Website. Delivery charges may be extra.
3. Website may introduce promotional offers, reward schemes, discounts, concessions, coupons, etc. that shall be sole as per Website's discretion and Website reserves its right to introduce and terminate such offers/schemes, etc. anytime without assigning any reason.
4. All statutory taxes, as applicable, shall be levied by the Website as per prescribed rates in force on the date of billing.
8. Shipping And Delivery
1. The User confirms and acknowledges that notwithstanding anything contained in this Agreement; all online sales shall be deemed concluded as soon as a sale invoice is raised by the Website at its Licensed Premises, irrespective of the User's delivery location. Such sale shall be final, binding, and conclusive irrespective of the mode of payment. The User shall have an option to pick the most suitable payment from amongst the options given on the Website. Once a sale invoice is raised and if the User so requests, the Website shall, on behalf of the User, dispatch the Products to the delivery location through our logistics partners.
2. Products ordered may be charged with a shipping fee which is typically based on the higher of the volumetric (i.e., dimensional) or the actual weight of the order, the destination of the shipment, the type of package, the content of the package and the total order amount of the shipment. Relevant taxes, fees, and surcharges shall also be applied.
3. Subject to the User instructing Website to arrange delivery for the Products on its behalf, Website shall endeavor to ship/deliver the Products within 7- 10 business days of placing the order, depending on the destination of the order and the ability of the third-party logistics companies, all of whom are separate and independent of Website, to deliver the Products ordered to that destination. However, in case of any delay in shipping and delivery, the Website assumes no liability whatsoever regarding the deterioration of his/her health. The user allows the Website to deliver the order within a reasonable time, notwithstanding any timelines committed by the Website at the time of the placement/acceptance of the order.
4. By default, the shipping address to be used to deliver Products to the User is the one that the Website has on file in User's account with Website at the time of placing the order by the User. It is the User's responsibility to review, verify and update the address in the User's account before placing his/her order. If the user enters the wrong address or does not update his/her address, the Website shall not be obliged to re-send the order to the User's corrected or new address.
5. The User shall be responsible to inform the Website if an order does not arrive within the expected or stated time. Once the Website is informed that an order has not been delivered, it shall investigate the reasons for the delay. The website shall not be held liable for any loss or damage resulting from late delivery.
9. Return, Refund And Cancellation Policy
1. In the event that the User receives a damaged or incorrect Product, the Website shall refund the original Product price, delivery, wrapping, and other fees via the original method of payment after the damaged or incorrect product is returned to the Website at its cost and per its satisfaction. Alternatively, if the User requests a replacement, the Website shall dispatch the replacement item (subject to availability) once the damaged or incorrect product is returned at the Website's cost and per its (i.e., Website's)satisfaction. The returned Product shall be in the same condition as it was delivered and shall be dispatched back by the User within 7 days from the date of receipt. Refunds shall be processed within 21 business days from the receipt of the damaged or incorrect Product in accordance with this clause. Every order successfully delivered shall be assumed to have been received with full satisfaction of the User if no communication is received by the Website within 72 hours from the date of delivery and no claims of any nature shall be entertained thereafter.
2. In the event that the User has placed an order but the Product is out of stock or unavailable for any other reason or is not delivered within the stipulated delivery timeline mentioned on the Website and the User chooses to cancel the order, the Website shall refund the payment so processed back to User's account through which the initial payment was made. Such refund process shall also be completed within 25 days from the date of the original payment. Without limiting the operation of any other Terms herein, the Website shall not accept liability for any late delivery or loss or damage arising from items lost, stolen, or damaged after a successful delivery has taken place.
3. Once an order placed by the User has been delivered to him/her, the User cannot cancel the order. User may, for a genuine unavoidable reason, which must be shared with Website within a reasonable time after the successful delivery of the order, return the delivered Products back to Website at his (i.e., User's) own cost and request credit for it. In turn, the Website may, at its sole discretion, is satisfied with the reasons provided by the User, and credit the money to the User's account for future orders. Further, the Website reserves the right to deny the privilege of placing orders based upon cash payment to a user who is deemed by the Website, in its sole discretion, of abusing or otherwise using inappropriately the privilege of placing orders based upon cash payment. Such a situation may occur if the User places 2 or more orders based upon cash payment terms and declines or is not available to take delivery for these orders. The website shall not be under any obligation to warn the User before denying the privilege of placing orders based upon cash payments to him/her.
4. Website may use any third-party logistics company, including a courier company, for the purpose of delivering Products. All of these logistics companies are separate and independent of the Website. In such a case, if any damage or delay is directly or indirectly attributed to such a third party, the Website shall assume no liability whatsoever and will ask the user to make all claims against such a third party company. The customer should not accept the delivery of any damaged or visibly tampered package. He/she should not open such a package. Instead, he/she should return it immediately to the courier who delivered the package and informs the Website immediately about it.
5. In the case of any Free Offers Provided by the Company, It shall stand implied that the purchase of the product offered as free will not be eligible for purchase. On Breach of such condition, the respective order would be deemed as cancelled.
10. Promotional Communications:
We may also send you other information about us, the site, our other websites, our products, sales promotions, our newsletters, SMS updates, and anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information please click the” unsubscribe” link in any email that we send to you or register as a Do Not Disturb user. We will cease to send you information as requested within 7 working days (days which are neither 1) a Saturday or Sunday, nor 2) a public holiday anywhere in India) after the date of receipt of your instruction.
11. Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Site on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Website. Such disclosure, submission, or offer of any Comments shall constitute an assignment to the Website of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, the Website owns exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Website will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Website is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy, or another personal or proprietary right (s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". The website does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant the Website the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Website and its affiliates for all claims resulting from any Comments you submit. Website and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
12. Copyright & Trademark
Website, its suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the Website or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to Million Billion Dreams Hub Private Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Million Billion Dreams Hub Private Limited. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of the Website, its affiliates, its partners, or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner. References on this Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Website endorsement, sponsorship, or recommendation of the third party, information, product or service. mbdhwellness.com is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of the Website or its licensees and suppliers and is protected by Indian and international copyright laws.
14. Limitation Of Liability
You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
1. the use or the inability to use the Website and/or Services; or
2. the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Website and/or Services; or
3. unauthorized access to or alteration of your transmissions or data; or
4. any other matter relating to the Website and/or services.
• To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, whether or not the Company has been warned of the possibility of such damages.
15. By Using This Website You Represent And Warrant That:
1. You are 18 years of age or older and your use of the Website shall not violate any applicable law or regulation;
2. All registration information you submit is truthful and accurate and you agree to maintain the accuracy of such information;
3. Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
4. Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
1. you may not modify any content of the Website;
2. you may not decompile, reverse engineer, or disassemble the content, or
3. you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
5. You will not:
1. use the Service available on the Website for commercial purposes of any kind; or
2. use the Website and/or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or the Services.
7. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
8. You will not delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
10. All information, content, and material contained in the Website and/or Services are the Company's intellectual property. All trademarks, service marks, trade names, and trade dress are proprietary to the Company. No information, content, or material from the Website and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the Company's express written permission.
12. You expressly understand and agree that:
1. The information, content, and materials on this Website and/or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners, and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose, and non-infringement.
2. The Company does not warrant that the functions contained in the content, information, and materials on the Website and/or Services, including, without limitation any third party sites or services linked to the Website and/or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
3. Any material downloaded or otherwise obtained through the Website and/or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
13. You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities, and costs arising from your use of the Website.
We endeavor to make every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
17. Applicable Law
2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the relevant clauses.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the party shall have furnished to the other Party in writing in accordance with this provision:
If to Website:
Million Billion Dreams Hub Private Limited
4, Mussadipura Near Satimarg Ujjain
Madhya Pradesh - 456006
If to you:At the email address provided by you to us when you registered as a Website User.
22. Complete Understanding
23. Advice Of Counsel
Each Party acknowledges:
HEALTH RELATED INFORMATION:
The Information provided on the Website and in any other communications from or provided through the Website is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Information and statements regarding Ayurveda products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.
Note: We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
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