TERMS & CONDITIONS
LAST REVISION: [02 Oct 2021]
PLEASE READ THIS 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
AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website,
[www.tovawellness.com] (the "Website"), [Ayushkalki Wellness Private Limited] ("Ayushkalki")
offer of products for purchase on this Website, or your purchase of products available on this
Website. This Agreement includes, and incorporates by this reference, the policies and
guidelines referenced below. Ayushkalki reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised Agreement on
this Website. Ayushkalki will alert you that changes or revisions have been made by indicating
on the top of this Agreement the date it was last revised. The changed or revised Agreement
will be effective immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will constitute your
acceptance of any such changes or revisions. Ayushkalki encourages you to review this
Agreement whenever you visit the Website to make sure that you understand the terms and
conditions governing 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 Ayushkalki 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.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an
order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Ayushkalki
sales reps, while they are calling you, of your desire to opt out from further direct company
communications and solicitations, you are agreeing to continue to receive further emails and
call solicitations Ayushkalki and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: [email@example.com].
3. You may send a written remove request to Ayushkalki Wellness Private Limtied, Surya, 51/25,
Rathna Avenue, Richmond Road, Bangalore - 560025.
Proprietary Rights. Ayushkalki has proprietary rights and trade secrets in the Products. You
may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed
by Ayushkalki. Ayushkalki 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.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
SHIPPING: Product delivery in 2 - 7 business days depending on customer pin codes and the delivery capability of our delivery partner
Content; Intellectual Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also offers information,
both directly and through indirect links to third-party websites, about nutritional and dietary
supplements. Ayushkalki does not always create the information offered on this Website;
instead the information is often gathered from other sources. To the extent that Ayushkalki
does create the content on this Website, such content is protected by intellectual property
laws of the India, foreign nations, and international bodies. Unauthorized use of the material
may violate copyright, trademark, and/or other laws. You acknowledge that your use of the
content on this Website is for personal, noncommercial use. Any links to third- party websites
are provided solely as a convenience to you. Ayushkalki does not endorse the contents on any
such third-party websites. Ayushkalki is not responsible for the content of or any damage that
may result from your access to or reliance on these third-party websites. If you link to
third-party websites, you do so at your own risk.
Use of Website; Ayushkalki is not responsible for any damages resulting from use of this
website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all
applicable local, state, national, and international laws and regulations in your use of the
Website (including laws regarding intellectual property), (2) not interfere with or disrupt the
use and enjoyment of the Website by other users, (3) not resell material on the Website, (4)
not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any
other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non- transferable right
to use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without express written authorization
from Ayushkalki or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant
Ayushkalki a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to
use, copy, display, perform, create derivative works from, distribute, have distributed, transmit
and assign such content in any form, in all media now known or hereinafter created, anywhere
in the world. Ayushkalki does not have the ability to control the nature of the user-generated
content offered through the Website. You are solely responsible for your interactions with
other users of the Website and any content you post. Ayushkalki is not liable for any damage
or harm resulting from any posts by or interactions between users. Ayushkalki reserves the
right, but has no obligation, to monitor interactions between and among users of the Website
and to remove any content Ayushkalki deems objectionable, in Ayushkalki's sole discretion.
III. 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. AYUSHKALKI 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, AYUSHKALKI MAKES NO
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR
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.
IV. LIMITATION OF LIABILITY
AYUSHKALKI ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR
OTHWERWISE, 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.
AYUSHKALKI 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.
You will release, indemnify, defend and hold harmless Ayushkalki, 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 right of any person or entity; (5) your violation of any provision
of this Agreement; or (6) any information or data you supplied to Ayushkalki. When Ayushkalki
is threatened with suit or sued by a third party, Ayushkalki may seek written assurances from
you concerning your promise to indemnify Ayushkalki; your failure to provide such assurances
may be considered by Ayushkalki to be a material breach of this Agreement. Ayushkalki will
have the right to participate in any defense by you of a third- party claim related to your use of
any of the Website content or Products, with counsel of Ayushkalki choice at its expense.
Ayushkalki will reasonably cooperate in any defense by you of a third-party claim at your
request and expense. You will have sole responsibility to defend Ayushkalki against any claim,
but you must receive Ayushkalki 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.
Ayushkalki believes strongly in protecting user privacy and providing you with notice of
herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to
be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Ayushkalki 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, act of God, war, terrorism, armed conflict,
labor strike, lockout, or boycott.
Cessation of Operation. Ayushkalki may at any time, in its sole discretion and without advance
notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and
Ayushkalki and supersedes any prior agreements pertaining to the subject matter contained
Effect of Waiver. The failure of Ayushkalki 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 endeavor 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.
Governing Law; Jurisdiction. This Website originates from the [Bangalore, Karnataka]. This
Agreement will be governed by the laws of the State of Karnataka without regard to its conflict
of law principles to the contrary. Neither you nor Ayushkalki will commence or prosecute any
suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for
breach of or default of this Agreement, or otherwise arising under or by reason of this
Agreement, other than in courts located in State of Karnataka. 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.
You hereby waive any right to trial by jury arising out of this Agreement and any related
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
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
Termination. Ayushkalki 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 and
conditions of this Agreement. Following termination, you will not be permitted to use the
Website and Ayushkalki 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, Ayushkalki
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 Ayushkalki
chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Ayushkalki 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. Assignment. You may not assign your rights and
obligations under this Agreement to anyone. Ayushkalki 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 AND CONDITIONS OF THIS AGREEMENT.