i. The Indian Contract Act, 1872 (“Contract Act)
ii . The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;
iii. The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
iv. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; a
v. The Consumer Protection Act, 1986.
1. For the purposes of accessing, interacting, exchanging information and transacting through the Website, the Users may be required to obtain registration, in accordance with the procedure established by ayurvedacommunity.org in this regard. As part of the registration process, ayurvedacommunity.org may collect the following personal information from the Users:
ii. Email address;
iii. Address (including country and ZIP/ postal code);
vi. Phone number;
vii. Password chosen by the User;
viii. Income Tax Identification number (PAN number)
ix. Aadhar number or UID number or Passport number or any other valid identification number or details as provided by the Central / State Government;
x. Academic qualifications and validating proof of the same
xi. Professional status, experience and validating proof of the same
xii. Valid financial and bank account information; and
xiii. Other details as the User may volunteer.
2. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
4. A registered id can only be utilized by the person whose details have been provided and ayurvedacommunity.org does not permit multiple persons to share a single login / registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of viewing and interacting, on behalf of such persons.
Platform to facilitate information dissemination in Ayurveda
1. ayurvedacommunity.org provides Services through the Website, which is a platform that facilitates viewing and posting information regarding Ayurveda and allows users to comment and ask questions. Additionally, the Website provides location based services wherein the registered Ayurveda practitioners or stores can enter their details and the users can locate and communicate with the practitioner or store. You understand and agree that ayurvedacommunity.org and the Website merely compile and provide information and enable users to do the same. However, ayurvedacommunity.org has no control over 3rd party content provided through the Website and this content shall be sole responsibility of the 3rd Parties. The Users understand and agree that ayurvedacommunity.org shall have no liability whatsoever with respect to the authenticity or reliability of the 3rd Party Content.
2. The Users are explicitly informed that the Website provides content and services only as a voluntary initiative and is not remunerating either the volunteers or invitees in any way for contributing content or a service. Neither shall the Website promote any content or post any direct promotional material or advertisements from other firms or individuals nor shall the Website or its stakeholders collect any fee or benefits to do so. Any direct or indirect financial transaction is prohibited in the Website.
Representation as to legal title of 3rd Party Products and Services
1. ayurvedacommunity.org does not make any representation or warranty as to the legal title of the 3rd party products and services mentioned on the Website. At no time shall any right, title, claim or interest in the products mentioned or displayed on the Website vest with ayurvedacommunity.org nor shall ayurvedacommunity.org have any obligations or liabilities in respect of any related transactions on or outside the website. The Users agree and acknowledge that the ownership of the 3rd party products and services shall always vest with the respective 3rd parties.
2. The Users agree and acknowledge that the respective 3rd Party shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such 3rd Party does not have the sole and exclusive legal ownership over the goods and services that are mentioned in any content in the Website.
Non-Performance of Contract
1. The User accepts and acknowledges the following:
i. ayurvedacommunity.org is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and any 3rd Party for purchase and sale of goods or services that was availed or accessed through any channel including and not limited to External URLs on the Website;
ii. ayurvedacommunity.org shall not and is not required to mediate or resolve any dispute or disagreement between Users and 3rd parties. In particular, ayurvedacommunity.org does not implicitly or explicitly support or endorse any 3rd party information, service or product on the Website;
Explicit Advisory on Medical or Therapeutic Information
1. THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY US OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US, 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 HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
i. The content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for targeted at general public for informational purposes and should not be considered as diagnosis, treatment or guideline of any kind.
Consulting a Registered Ayurveda Practitioner
1. You must always consult a registered Ayurveda practitioner, as defined under the Drugs Act (“Registered Medical Practitioner”) with any questions or concerns you may have regarding the suitability of any content or service on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by ayurvedacommunity.org, its content providers, visitors to the Website or others, is solely at Your own risk, and ayurvedacommunity.org shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, or 3rd Parties from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and ayurvedacommunity.org shall have no liability in relation to the same.
2. Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
NO INDIVIDUAL REGISTERED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS INTENDED TO BE CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY US OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US.
Order and Delivery of Products
1. ayurvedacommunity.org does not sell any item directly or indirectly. The mention of any product or service is solely as part of information dissemination and general awareness only.
2. The User accepts and acknowledges that ayurvedacommunity.org does not engage in the provision or distribution of the 3rd Party products or services.
i. The User further accepts and acknowledges that ayurvedacommunity.org does not engage in the stocking, distribution or sale of any products or services. ayurvedacommunity.org assumes no responsibility whatsoever regarding the risks or rewards arising from any transaction engaged between the 3rd Party and the user of the Website.
Compliance of Applicable Law
1. While accessing or communicating through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force.V. Payment, Fees and Taxes
1. ayurvedacommunity.org does not charge any fee for registering, accessing, browsing and interacting through the Website.
1. The Website may use temporary cookies to store certain data (that is not sensitive personal data or information) that is used by ayurvedacommunity.org for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, ayurvedacommunity.org may allow authorized third parties to place or recognize a unique cookie on the User’s browser. ayurvedacommunity.org does not store personally identifiable information in the cookies.VI. Covenants
1. You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
i. belongs to another person and to which the User does not have any right;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilicpaedophilic, 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 whatever;
iii. infringes any patent, trademark, copyright or other intellectual proprietary rights of any 3rd party;
iv. violates any law for the time being in force;
v. impersonates another person;
vi. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
vii. is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
viii. threatens the unity, integrity, defense, 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 any other nation.
2. The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any in-house content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by ayurvedacommunity.org;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the in-house content or other information available from the Website;
viii. framing or hot-linking or deep-linking any content.
3. ayurvedacommunity.org, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Clause VI above, shall be entitled to disable such information that is in contravention of Clause VI. ayurvedacommunity.org shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
1. The User accepts and acknowledges that ayurvedacommunity.org does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the content, services or products mentioned on the Website, including any guarantee or warranty that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the 3rd parties have legal title over the goods being offered for sale by them on the Website. ayurvedacommunity.org also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.
2. The User further accepts and acknowledges that ayurvedacommunity.org is not responsible for any content or information provided by the 3rd parties and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the content, representations and warranties made by the 3rd parties or the content or information (provided by such 3rd Party) on the Website or any opinion or suggestion given or expressed by ayurvedacommunity.org or any 3rd Party in relation to any User or Services provided by ayurvedacommunity.org.
3. The Website may host External URLs to web pages and content of third parties, affiliates and partners (collectively, “3rd Party Content”). ayurvedacommunity.org does not control, endorse or adopt any 3rd Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that ayurvedacommunity.org shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such 3rd Party Content. Inclusion of any link on the Website does not imply that ayurvedacommunity.org endorses the linked site. User may use the links and these services at User's own risk.
4. ayurvedacommunity.org assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
5. To the maximum extent permitted by applicable law, ayurvedacommunity.org, its teammates, patrons, advisers, affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such protected entity has been advised of the possibility of such damages.
6. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a 3rd Party to any User; or (ii) any comments or feedback given by any of the Users in relation to the content or services provided by any 3rd Party; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
1. ayurvedacommunity.org reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that ayurvedacommunity.org will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.X. Termination
1. The provisions of this Agreement shall continue to apply until terminated by either You or ayurvedacommunity.org as set for below:
i. if You want to terminate this Agreement with ayurvedacommunity.org, You may do so by:
a. not accessing the Website; or
b. closing Your accounts for all of the Services that You use.
ii. ayurvedacommunity.org reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:
b. ayurvedacommunity.org is unable to verify or authenticate any information provided to ayurvedacommunity.org by You; or
c. ayurvedacommunity.org believes, in its sole discretion, that Your actions may cause legal liability for ayurvedacommunity.org (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or ayurvedacommunity.org is required to do so by law; or
d. if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for ayurvedacommunity.org to provide the Services to You; or
e. the provision of the Services to you, or to the general public, is in ayurvedacommunity.org’s opinion, no longer commercially viable; or ayurvedacommunity.org has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
f. ayurvedacommunity.org may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.
g. Once terminated or suspended (temporarily or permanently), You shall not continue to use the Website under the same account, a different account or re-register under a new account.
h. Upon termination of this Agreement, ayurvedacommunity.org shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
i. The right to terminate/ suspend the account is in addition to, and without prejudice to, ayurvedacommunity.org’s right to initiate action against the User, in accordance with applicable law.
1. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.XIV. Severability
1. If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact us at firstname.lastname@example.org If a User has any questions concerning ayurvedacommunity.org, the Website, this Agreement, or anything related to any of the foregoing, ayurvedacommunity.org can be reached at the following email address - email@example.com