Terms & Conditions

These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.

Ojas Herbal, an organization formed under the laws of India having its registered office at Shop No. 2/3, Sunita Apartments, Opp. Jain Mandir, Jivdaya Lane, Ghatkopar West, Mumbai, Maharashtra, 400086, India (hereafter referred to as “Ojas Herbal” has conceptualized, adopted and is operating the website (www.ojasherbal.com) including and not limited to software applications, mobile applications, referred to “Digital Assets” offering a variety of Services.

1. “Agreement” means these Terms and Conditions of Use, together with Privacy, Policy (available at www.ojasherbal.com), and additional terms wherever applicable,
2. “Digital Platform” or “Platform” or “Digital Assets” collectively refers to the Website and Mobile Application,
3. “AHP” means Ayurvedic Health Practitioners who are entitled to practice in India,
4. “Mobile Application” means Ojas Herbal mobile application which User(s) can download from Google Play Store or Apple App Store,
5. “Party” or “Parties” shall mean AHPs, User(s) collectively or individually as the context may require
6. “Services” means healthcare services including but not limited to (a) consultation with AHPs (b) video consultation with AHPs (c) telemedicine consultation/message boards/chat rooms consultation with AHPs (d) pathology laboratory services (e) pharmacy services (f) health content services (g) health fitness services (h) medication reminder services, available from time to time through the Digital Platform, and rendered either directly by Ojas Herbal or respective Third Party Service Provider(s),
7. “Third Party/Parties” means any party other than Ojas Herbal and the User(s),
8. “Third Party Service Provider(s)” means those persons or entities including but not limited to AHPs who are listed on the Digital Platform and who provide the available Services by accepting the requests made by the User(s) and for which such Third Party Service Providers are alone liable for such accepted Services,
9. “Territory” means the Republic of India,
10. “Unregistered User” means any visitor to this Digital Platform,
11. “User(s)” means any person competent to contract under Indian Contract, 1872 and created User Account. User(s) may be referred to as You, Your, him, her, they, as the context may require,
12. “User Account” means the account created by the User(s) (pursuant to the acceptance by Ojas Herbal), on the Digital Platform by submitting their details as is required, for availing or providing the Services,
13. “Website” means www.ojasherbal.com

The terms and conditions laid down below will be accepted by the user while using the website www.ojasherbal.com. We request all our users to read all the terms and conditions carefully. The use of the services offered by the website and will be referred to as “Digital Assets”

These digital assets are owned and maintained by Ojas Herbal, having its registered office at Shop No. 2/3, Sunita Apartments, Opp. Jain Mandir, Jivdaya Lane, Ghatkopar West, Mumbai, Maharashtra, 400086, India reserves the right to make modifications in the digital assets, the terms and conditions of the website, and the disclaimers at any time. It is not mandated to provide prior information to the customers of the service.

Unless mentioned otherwise or any information or material containing any proprietary material owned by a third party or a manufacturer or the brand owner, that will be explicitly mentioned, Ojas Herbal owns all the Intellectual Property rights of the digital assets including without limitation, any and all rights, title, interest in and copyrights, related rights, patents, trademarks, trade names, service marks, hyperlinks, meta tags, databases, trade secrets and inventions, goodwill, source code, text, content, graphics, icons. The user acknowledges not to use, reproduce or distribute any content from the website without obtaining prior information.

With the registration of the digital assets, the users can access or view the prices, product details and submit orders electronically to Ojas Herbal. The user is responsible for the use of the digital assets securely and privately. Ojas Herbal does not take any responsibility for any damage or loss caused by the access to the account in an unauthorized manner resulting from the actions of the user including not logging out of the account or sharing the password with the third party. Ojas Herbal reserves the right to cancel the registration or the account at any time.

Ojas Herbal has no warranty for any damage suffered by the customers from the use of the services offered on this site. It makes NO WARRANTIES on the following:

1. The information available on the digital assets is a substitute for the proper consultation and treatment of a doctor or any other registered medical practitioner
2. The digital assets will be available in a timely, secured, and error-free manner
3. The results from the use of any digital assets or any services will treat any disease

The user agrees not to use the digital assets for the following purposes:

• Circulation or spreading of unlawful, harassing, abusive, threatening, vulgar, obscene, or objectionable material. Convey material that encourages criminal offense or civic liability, resulting in breaching the law
• Getting access in an unauthorized manner to other computers or network systems that may interfere with other users of the website
• Breaking the applicable laws
• Disrupting networks or websites that are connected to the digital assets
• Making or transmitting or storing electronic copies of the materials protected by the copyright without the permission of Ojas Herbal
• Manipulation, defacement, hijacking, hacking, or any other activity of the website
• Engaging in any fraudulent activity or illegal activity including but not limited to all the prohibited activities outlined in Information Technology Act 2000
• Using digital assets to violate the security of any computer network, crack encryption codes, transfer or store illegal material 
• Cache or permit caching by any person
• Rent, lease, sell, or lend access to the digital assets

Ojas Herbal will charge freight, handling and shipping charges, international payment gateway charges, and government taxes as applicable.

Ojas Herbal will not be liable for any damages, including but not limited to, direct or indirect, incidental, consequential damages arising out of the use or inability to use the digital products or any other information provided on the digital assets or in the products any claim attributable to errors or omissions or other inaccuracies in the products or interpretations.

The User(s)/AHP(s) shall indemnify and hold Ojas Herbal, its affiliates, and their respective directors, employees, representatives, and agents, harmless from and against any and all claims, demands, loss, damage, or expense suffered or incurred by Ojas Herbal as a result of (i) breach of any obligations, representations, and warranties made by the User(s), (ii) non-compliance of applicable laws, (iii) for infringement of Intellectual Property Rights (iv) negligence or the wilful breach,

In addition to the above, the AHPs shall indemnify and hold Ojas Herbal, its affiliates, and their respective directors, employees, representatives, and agents, harmless from and against any and all claims, demands, loss, damage, or expense suffered or incurred by Ojas Herbal as a result of (i) Damages caused to patient(s), User(s) or any third parties due to the Services of the AHPs, and/or (ii) any other patient User(s)/Third Party claim in relation to anything done by the AHPs pursuant to the Agreement,

Ojas Herbal shall indemnify and hold the User(s)/AHPs, harmless from any against any and all claims as a result of breach of its obligations under the Agreement.

The laws of India shall apply and courts in Mumbai, Maharashtra shall have jurisdiction with respect to any and all the terms, conditions, or disclaimers. Ojas Herbal shall have exclusive rights to make changes to the digital assets and the terms, conditions, and disclaimers without any information to the customers of the services.

Any software or information available for use or download from the Digital Platform of Ojas Herbal has copyrights of Ojas Herbal and its corresponding Licensors. The terms of the end-user license agreement (referred to as “License Agreement”) govern the use of the software which is accompanied or included as a License Agreement unless the user first agrees to its terms.

The user agrees to indemnify, defend and hold Ojas Herbal or its owners harmless from and against all the expenses, damages, and cost, including attorney’s fees, arising out of or related to the misuse of any content and services provided. These digital Notices under these Terms may be given by Ojas Herbal and the customer in writing by delivering them by hand or by sending them by post on the last address given and in the case of Ojas Herbal on the contact address given on digital assets.

Ojas Herbal also has the right to publish notices of general nature, applicable to all visitors or customers in newspapers or on digital assets, having the same effect as the individually served notice to all visitors or customers.

For notices that are delivered through hand, cable, telex, facsimile, or electronic communication, the notices will be deemed to be served within 7 days after posting or on receipt. Documents that are sent through electronic communication between parties may be in the form of electronic mail, or electronic mail attachments, or in the form of a download from any of the digital assets. Ojas Herbal will be deemed to have fulfilled any legal obligation to the customer if any document is sent through electronic delivery on the last provided electronic mail id.

Ojas Herbal has the right to change the terms, conditions, and notices where the digital assets are offered, including but not limited to the charges, associated with the use of the digital assets. It shall be the sole responsibility of the user to regularly review these terms and conditions. The user’s continuous use of the digital assets shall be deemed as the acceptance of any such changes to the policy.

Ojas Herbal reserves the right to terminate the access of any user to one or more digital assets and other related digital services or any part or portion at any time, at its sole discretion, without furnishing any notice.

Ojas Herbal does not claim ownership of the materials that are provided by the customer to the Ojas Herbal including but not limited to registration data, feedback, and suggestions or post, upload, input or submit information to one of the digital assets or its associated services. However, posting, uploading, inputting, providing, or submitting your submissions, you are granting Ojas Herbal and its companies or affiliates the use of submissions in connection with the operations of the business including publishing the submitter's name in connection with the submissions. Ojas Herbal will not use or sell the user identifiable data that is submitted. However, Ojas Herbal has the sole and exclusive right to use or transfer the data with the compiled user aggregated data as not restricted by the law.

The information and services on the website and other digital assets are intended for educational purposes only and does not include or constitute any recommendations to buy any products etc. as discussed therein by Ojas Herbal. Any decision shall be solely based on the discretion of the user for the evaluation of the products offered by Ojas Herbal. Adequate care should be taken by the user, Ojas Herbal shall in no circumstances be responsible for any loss or damage caused by the reliance on the information obtained through the website. It is the sole responsibility of the user to evaluate the completeness, accuracy, or usefulness of any opinion, guidance, or any other content available on the website. The user is advised to consult his own legal counsel, business advisor, and tax advisor as to the legal, business, tax, and related matters concerning any policies with respect to which guidance is given.

The website provides message boards and chat rooms for user discussion and therefore, we expect our users to exercise caution before transacting on any message posted on chat box and boards. It is a request to all the users to not misuse the chat room or message board by posting abusive or malicious messages. The messages posted on chat rooms or message boards are the views of the individual posting them. We do not assume any responsibility or liability for the messages posted on the chat rooms.

Ojas Herbal complies with reasonable security practices and procedures to protect the sensitive information collected through our digital assets. Regular checks and audits are conducted to ensure that security measures are in place.

1. The user is accepting these terms and conditions laid down by Ojas Herbal after reading, understanding, and accepting the terms and conditions laid on its digital assets and declare and confirm that all the statements made and documents submitted are true and the user has complied with the need to disclose the important information for considering the acceptance which shall be the basis of the contract with Ojas Herbal.
2. The user understands that the Policy shall become void at the Ojas Herbal's option if any false or incorrect statement, misrepresentation, non-description or non-disclosure of any important information in the personal statement or declaration or connected documents or any other material information that has been withheld by the user or anyone acting on their behalf.
3. The user consents to and gives authority to Ojas Herbal and/or its representatives to seek medical information from any hospital or any other related entity that you have attended or may attend in any future circumstances related to any disease or illness or injury.
   The user consents to provide valid age verification and identity proof at the time of claims or any other time as and when required by Ojas Herbal.
4. The user consent to receive information about Ojas Herbal through the hardcopy documents and electronic or telecommunication mediums from time to time. The user authorizes the company to exchange, share, or part with the contact details and information with other companies of Ojas Herbal as may be required and will not hold the Ojas Herbal or its other companies and their agents liable for using the information.

Ojas Herbal shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a "Force Majeure Event"). Ojas Herbal shall as practicable as possible shall promptly notify the User(s) orally or in writing, as the circumstances warrant, of the cause and the Force Majeure Event and its likely duration.

If you have any questions, you may contact us at care@ojasherbal.com and our team will get in touch with you.

Ojas Herbal Ayurveda & Panchakarma
Shop No. 2/3, Sunita Apartments, Opp. Jain Mandir, Jivdaya Lane, Ghatkopar West, Mumbai, Maharashtra, 400086, India
Phone: (+91) 77381 23438
Email: care@ojasherbal.com
www.ojasherbal.com