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Terms of Service

TERMS OF SERVICE

LAST UPDATED ON: 02 April, 2021

 

PLEASE READ THESE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE OF THIS AGREEMENT. IF YOU DO NOT AGREE PLEASE DO NOT USE OR ACCESS OUR WEBSITE AND/OR SERVICES.

 

This Terms of Service Agreement (the “Agreement”) governs your use of this website at https://thetrost.com/, (the “Website”), Herbidus Formulations Pvt. Ltd. (“us”, “we”, or “Company” “the Trost”) facilitates the sale and purchase of branded lifestyle and medicinal products (“Products”), in addition to the provision of various other related services to the Users of the Website (“Services”).

 

The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules framed there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. The conduct of the User shall be governed by these Terms. These Terms are made available to the User in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Website.

 

The Trost reserves the right to change or revise the terms of service of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.

 

The Trost encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms of service governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Trost for other PRODUCTS or SERVICES. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

 

PRODUCTS

  1. Terms of Offer. This Website offers for sale of certain products and services (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
  2. Proprietary Rights. The Trost has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by The Trost. The Trost also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
  3. Tax. If you purchase any Products, you will be responsible for paying any applicable Goods and Services Tax.
  4. Our products are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical advice before using any of our products. You agree that the Trost will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the Website, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets


PAYMENTS

    1. Prices for the respective Products are set out on the Website, and are incorporated into these Terms by reference. The prices of the Products are subject to change without any prior notice, and at the sole discretion of The Trost.
    2. In respect of payment for any Product/s that are ordered on the Website, the User will have the option to make such payments by either credit card, debit card, net banking or on a ‘cash on delivery’ basis. If the Products are purchased on a ‘cash on delivery’ basis, then the logistics partner may charge certain nominal fees in respect thereof in addition to price of Product. The ‘cash on delivery’ may not be available for all purchases and might require you to make a purchase bearing a minimum value.
    3. Upon initiating a transaction for purchase of any Product/s through credit card or debit card or net banking, the User will be directed to a secure payment gateway for making payment for the Products. In this regard, The Trost may enter into agreements with third-party payment gateway aggregators, and nodal banks for the purpose of collection, remittance and retention of the payments made by the User.
    4. In respect of the payment mechanisms offered on the Website, and your use thereof, The Trost shall not be liable in any manner for any loss or damage that may be caused to you on account of any issues arising out of the transaction and/or the payment mechanism, including any interruption or cancellation thereof, for any reasons whatsoever.

SHIPPING AND DELIVERY

    1. Shipping and Delivery of the Products that are ordered on the Website shall be undertaken by the Website through their logistics partner. The delivery charges in respect thereof will be reflected in the final statement of payments that are to be made by the User in respect of the Products. Orders are usually dispatched within 1 - 2 business days of payment of order Our warehouse operates on Monday – Friday during standard business hours, except on national holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum.
    2. The Website maintains a strict no return policy. Accordingly, The Trost shall not accept any return requests from Users in respect of any Products that are sold and delivered.
    3. If any of the Products are damaged during transit, or if the expiry date in respect of any of the Products has already passed as on the date of delivery thereof, or there are any other defects in the Products, then such Products may be returned to the Website for replacement.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS'' AND “AS AVAILABLE” BASIS. THE TROST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS'' INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Trost MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

THE TROST’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

THE TROST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM

(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;

(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;

(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR

(4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

    1. You will release, indemnify, defend, and hold harmless The Trost, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to The Trost. When The Trost is threatened with suit or sued by a third party, The Trost may seek written assurances from you concerning your promise to indemnify The Trost; your failure to provide such assurances may be considered by The Trost to be a material breach of this Agreement. The Trost will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of The Trost choice at its expense. Herbidus Formulations Pvt. Ltd. will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend The Trost against any claim, but you must receive The Trost prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products

 

PRIVACY

    1. The Trost believes strongly in protecting user privacy. Please refer to The Trost’s privacy policy, incorporated by reference herein to know more about how we collect, disperse and store your data. <insert PP LINK>


PRODUCTS AND SERVICES FOR PERSONAL USE

    1. The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.


NO SUBSTITUTE FOR MEDICAL ADVICE OR CARE

    1. The products on the Website are not intended to diagnose, treat, cure or prevent any disease. The information on this website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, you should consider consulting with a physician before using any of our products.

CAUTION: ALL PRODUCTS TO BE TAKEN UNDER MEDICAL SUPERVISION


DISPUTE

    1. Any disputes or differences arising under and in pursuance of these Terms and/or the Services shall be referred to the arbitration of a sole arbitrator to be jointly appointed by the Parties. If the Parties do not agree to the appointment of a sole arbitrator by the expiry of fifteen days from the date a Party has notified, in writing, the other Party of the existence of a dispute or difference, then the Hon’ble Delhi High Court shall appoint such sole arbitrator. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification, or re-enactment thereof, or any statute enacted to replace the same in force from time to time. The arbitration proceedings shall be held in English language and shall be held at New Delhi. The sole arbitrator shall have summary powers and be entitled to give interim directions and awards from time to time. The cost of the arbitration proceedings shall be borne by the Parties in equal shares.

 

GENERAL

    1. Force Majeure. The Trost will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
    2. Cessation of Operation. The Trost may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
    3. Entire Agreement. This Agreement comprises the entire agreement between you and The Trost and supersedes any prior agreements pertaining to the subject matter contained herein.
    4. Effect of Waiver. The failure of The Trost to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
    5. Governing Law, India. This Agreement will be governed by the laws of the State of Himachal Pradesh without regard to its conflict of law principles to the contrary. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement.
    6. Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    7. Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
    8. Termination. The Trost reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms of service of this Agreement. Following termination, you will not be permitted to use the Website and The Trost may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, The Trost reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until The Trost chooses, in its sole discretion and without advance to you, to terminate it.
    9. Domestic Use. The Trost makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
    10. Assignment. You may not assign your rights and obligations under this Agreement to anyone. The Trost may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE OF THIS AGREEMENT.


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