Terms and Conditions
This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.1. Preface
The website (Website), is operated, maintained, and owned by Bombay Hemp Company Private Limited a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “BOHECO” or “We” or “Our” or “Us” or “Company”) having registered office at 108-112, First Floor, Chintamani Plaza, Andheri Kurla Road, Chakala, Andheri East, Mumbai – 400099, Maharashtra, India.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms”), including the applicable policies which are incorporated herein by way of reference. These Terms constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and BOHECO on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website
The Website is a platform that facilitates not limited to (i) online purchase of ayurvedic, cosmetic, food, veterinary products and cannabis leaf based medicines sold by various third party (“Third Party Suppliers”) and by the Company; (ii) online medical consultancy services/ second opinion being offered by third party independent practitioners (“Practitioners”); and (iii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). Collectively these are referred to as the Services. The Third Party Suppliers, Practitioners and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”.
You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. BOHECO is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the Third Party Service Providers.
We reserve the right to change or modify these Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
2. Eligibility to Use
You must be competent to contract within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract including 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 may use the Website only under the supervision of a parent or legal guardian or your parent/ legal guardian can transact on your behalf. If you are browsing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person to all the Terms and Policies herein. If the said person refuses to be bound by the Terms Policies, You agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
3. Your Account
For using the Services, You can register and login on the Website or You can avail the any of the Services as a guest on the Website. You can also place an order with BOHECO’s customer care service for the same. If you register and login on the Website, You are responsible for maintaining the confidentiality of Your username and password and You will be fully responsible for all activities that occur under your account. You agree to immediately inform BOHECO of any unauthorised use of Your account or any breach of security with regards to your account registered with the Website.
As part of the registration process on the Website, BOHECO may collect the following personally identifiable information about you: including first and last name, email address, mobile phone number, demographic details such as age, gender, occupation, education, address etc., the links you click on the Website, the number of times you access the page and any such browsing information. You have to keep your account and registration details up-to-date with your current and correct details for receiving the communications related to your purchases from the Website.
By agreeing to the Terms, You can opt for receiving promotional offers and newsletters, which would entitle BOHECO to save your personal information for the intended purposes only. BOHECO stores only the necessary information required to make a purchase through the Website and does not disclose your confidential information to any third party without your consent.
After placing an order on the Website, if you choose to make payment online, through any of the various methods allowed on the Website, BOHECO does not save any information related to your credit/ debit cards or CVV number. All the information you provide is processed through a secure server for enabling the online transaction.
4. Use of Services
4.1 Retail Services
For placing an order, You can register and login on the Website or You can place an order as a guest on the Website. You can also place an order with BOHECO’s customer care service for the same. If you register and login on the Website, you are responsible for maintaining the confidentiality of your username and password and You will be fully responsible for all activities that occur under your account. You agree to immediately inform BOHECO of any unauthorised use of your account or any breach of security with regards to your account registered with the Website.
You agree and acknowledge that:
PRODUCT DESCRIPTION:
1. BOHECO attempts to be as accurate as possible in the description of the product on the Website. However, We do not warrant that the product description, colour, information or other content on the Website is accurate, complete, reliable, current or error free. The Website may contain typographical errors or inaccuracies which may not be complete or current.
2. The product pictures are indicative and may not match the actual product. BOHECO has made every effort to display the colours of the products that appear on the Website as accurately as possible. However, as the actual colours you will see depend on your monitor, BOHECO cannot guarantee that your monitor’s display of colour will be accurate.
3. BOHECO reserves the right to correct, change or update the information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product.
4. The availability of our products shall depend on seasonal variations as the raw materials procured for manufacturing our products are naturally sourced, which may result in our products not being available at all times on the Website. Further, as the raw materials procured for manufacturing our products are naturally sourced, it is possible that due to sedimentation occurring in our products especially juices, the colour, texture and taste may differ between batches because of seasonal variations but the nutritional value of our products always remains constant.
5. BOHECO intends to provide you with general information about BOHECO’s products. The information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or responsibility for the accuracy, completeness, appropriateness or usefulness of the information. For any specific medical conditions or issues, you are advised to seek opinion from a certified medical practitioner. In the event you rely on the information provided by BOHECO, you do so at your own risk. Under no circumstances will BOHECO be liable for the information or the consequences or relying upon on such information.
4.2 Online Consultancy Services
5. Indemnification
You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Your use or misuse of the Website, violation by You any of the terms, or any breach of the representations, warranties, and covenants made by You herein. We reserve Our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this agreement.
6. Liabilities and Damages
In no event will We or Our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this agreement, and (ii) the use or inability use the Services.
7. Ownership; Proprietary Rights
All rights, including copyright, in the Website are owned or controlled for these purposes by BOHECO. Except where expressly stated otherwise, you are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Website for any purpose whatsoever without Our prior written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.
The Website includes a combination of content that We create, that our partners or licensors or associates create. All materials published on the Website, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website under license or rights or affiliation with the said person, entity or third party.DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) LOSS OR HARM ARISING OUT OF OUR PRODUCTS WHICH LOSS OR DAMAGE CANNOT DIRECTLY AND SOLE BE ATTRIBUTABLE TO OUR NEGLIGENCE; OR (h) LOSS OR HARM ARISING OUT OF YOUR USE OF SERVICES FOR WHICH LOSS THE OR DAMAGE CANNOT DIRECTLY AND SOLE BE ATTRIBUTABLE TO OUR NEGLIGENCE; OR (i) EVENTS BEYOND THE REASONABLE CONTROL OF BOHECO. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.REPRESENTATIONS AND WARRANTIES
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. BOHECO shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
BOHECO shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. BOHECO does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
BOHECO through the Site intends to provide its users with general information about beauty and healthcare topics and products. The Site encourages its users to interact with BOHECO and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with BOHECO, its employees or representatives (collectively referred to as “Information “) which are in furtherance of any communication made by the user with BOHECO, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While BOHECO takes reasonable care to ensure that the Information is accurate, BOHECO makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by BOHECO or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will BOHECO, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.LINKS AND THIRD PARTY SITES
References on the 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. This does not in any way constitute or imply BOHECO endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between BOHECO and those third parties.
BOHECO 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 or quality or sufficiency of services provided on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. BOHECO do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
8. Termination
Termination by US: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your access to the Services, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
9. Consequence of Termination
Upon termination of this agreement for any reason We will, block Your access to the Services and/or delete Your Services Account.
10. Services provided by Third-party(ies)
We do not in any way warrant or represent about the quality or nature of the products or services which may be offered by a third-party. Your correspondence or dealings with, or participation, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such third-party on the Website, and any such interaction with a third-party advertiser shall be undertaken by You at your sole risk and liability.
11. Waiver
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by our authorised representative.
12. Notice
We may provide You with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by mail to: . enquiry@bohecoclinics.com
13. Force Majeure
BOHECO 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”).
Governing Laws and Disputes Redressal
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
Without any prejudice to the clause above, BOHECO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
14. Severability
If any provision of aforementioned Terms is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent required, and the remaining provisions will remain valid and enforceable.
15. Communication
You agree to receive certain specific emails from Us. You hereby confirm that You do not have any objection to receiving emails, messages and calls from Us and Our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating to your association with the Website under these Terms.
16. Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
17. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and BOHECO with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
BOHECO’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
18. General Obligations
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation
BOHECO is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from BOHECO on this Site.
19. GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at [enquiry@bohecoclinics.com]
CONTACT INFORMATION:
Email: enquiry@bohecoclinics.com
Phone: +91 +91 97020 62985