Terms and Conditions
Welcome to www.ayurdna.com provided by AYURDNA Wellness and Healing . These Terms constitute a legally binding agreement between you and AYURDNA Wellness & Healing governing your access to and use of the AyurDNA website, including any subdomains thereof, and any other websites through which AyurDNA makes its services available, to the mobile, tablet, laptop, computer and other smart device applications, and application program interfaces and all the associated services .
By using, browsing or accessing the services and/or website, you hereby agree to abide by the Terms and Conditions. In the event of you not agreeing to these terms, you are requested by AyurDNA not to use/access the services or website, as the case may be.
You hereby represent and warrant that you are at least 18 (eighteen) years of age or above and are capable of entering, performing and adhering to these Terms and Conditions and that you agree to be bound by the Terms and Conditions. While individuals under the age of 18 (eighteen) may utilize the services of the website, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such parent/legal guardian’s registered account.
You also understand and agree:
- To provide true, accurate, current and complete information about you as requested for in the sign up form.
- To maintain and promptly update your information, by sending an email to firstname.lastname@example.org, to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if AyurDNA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the Terms and Conditions, AyurDNA has the right to indefinitely suspend or terminate your information from being displayed on the Website and refuse to provide you with access to the Website, without any further obligations under these Terms and Conditions or any other terms and conditions whether provided on the Website or otherwise.
- If you are registering as a business entity, you represent that you have the authority to bind the entity to the User Agreement. Unless otherwise specified, the materials on the Website are directed solely at those who access the Website from India. Those who choose to access the Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
- AyurDNA shall deliver the services or the product(s) ordered as per the timelines communicated to you and shall not be liable for any claims relating to any services or the products that have been ordered to be delivered to you. You agree that you shall be liable for all customs duties, taxes, levies, etc. if any, that shall be applicable on the services or the product(s) to be delivered to you and also for the cost of shipping of the product(s) to you if any.
Please note that the credit cards/debit cards/net banking payment gateways/wallets is maintained, operated and processed by third party payment gateways. You agree and acknowledge that AyurDNA bears no responsibility for payment made by credit cards/debit cards/net banking payment gateways/wallets to pay for Services on the Website. AyurDNA is not liable for any actions under this payment mechanism.
You agree, understand and confirm that the credit cards/debit cards/net banking payment gateways/wallets details provided by you for availing of the services or products on the Website shall be correct and accurate and you shall not use the credit cards/debit cards/net banking payment gateways/wallets account which is not lawfully owned by you, i.e. in a credit cards/debit cards/net banking payment gateways/wallets transaction, you must use your own credit cards/debit cards/net banking payment gateways/wallets account. You further agree and undertake to provide the correct and valid credit cards/debit cards/net banking payment gateways/wallets account details to AyurDNA. Further, the said information will not be utilized and shared by AyurDNA with any of the third parties unless required for fraud verifications or by law, regulation or court order. AyurDNA shall not be liable for any credit cards/debit cards/net banking payment gateways/wallets account fraud. The liability for use of a credit cards/debit cards/net banking payment gateways, wallets account fraudulently shall be on you and the onus to “prove otherwise” shall be exclusively on you.
Fraudulent / Declined Transactions
AyurDNA reserves the right to recover the cost of services or products availed through the Website, collection charges and lawyers’ fees from you if you are found using a credit cards/debit cards/net banking payment gateways/wallets account, the Service and/or the Website fraudulently. In such an event, AyurDNA reserves the right to initiate legal proceedings against you for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions. You hereby indemnify AyurDNA against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms and Conditions.
On you placing an order for services or product(s) through the Website, AyurDNA will send you an order acknowledgment email (“Acknowledgement Email”) to the email address provided by you as part of the Registration Data. The Acknowledgement Email will contain your order number and details of the services or product(s) ordered by you. Please note that this Acknowledgement Email is only to acknowledge that your order has been availed/received and is not an acceptance by AyurDNA of the services or product(s) offered by you to purchase.
An order despatch email (“Despatch Email”) will be sent to you once Ayur DNA accepts your order. Acceptance of your order shall take place upon you receiving the Despatch Email and Ayur DNA despatching the voucher for service to be availed or the product(s) ordered by you through the Website.
AyurDNA must receive full payment before it can accept your order. Whether you opt to pay by credit cards/debit cards/net banking payment gateways/wallets, AyurDNA shall process the payment at the time of preparing your coupon for service to be availed or the product(s) for despatch. AyurDNA reserves the right to refuse any order prior to acceptance. If a service or product is not available, AyurDNA will include details of the unavailable service or product in the Despatch Email.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address and other contact details regularly. If AyurDNA is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the relevant AyurDNA’s e-mail ID.
Any form of communication related to the Website and Service shall be sent by an email to email@example.com.
All users/customers shall automatically on signing up on the Website be eligible to be a part of the loyalty programme of AyurDNA.
The aforesaid loyalty programme entitles points for every rupee spent which shall be redeemed in parts or in full against services or products of AyurDNA.
The loyalty programme points are not refundable or transferrable and are issued for a fixed tenure after which they would expire if not redeemed.
The terms of such loyalty programme shall be communicated to the user/customer of AyurDNA from time to time.
AyurDNA reserves the right to change/modify/alter the terms and conditions of its loyalty programme or even cancel its loyalty programme with or without notice to its users/customers.
Users/customers acknowledge that they are solely responsible for risks associated with redemptions of the points and will not hold AyurDNA responsible for any loss arising due to such transactions.
Subject to the terms and conditions set forth in these Terms and Conditions, AyurDNA grants you a non-exclusive, non-transferable, limited right to access the Website and the Services thereon. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. Unless otherwise specified, the Website is for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.
By using the Website, you agree to defend, indemnify and hold harmless AyurDNA, its licensors, users, employees, partners, officers, agents and successors and assigns and other entities from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to AyurDNA or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms and Conditions or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation. This clause shall survive the expiry or termination of these Terms and Conditions.
AyurDNA shall in no event be liable for failure or delay to perform obligations under these Terms and Conditions related to the Website and Service, which have become practicably impossible because of unpredictable adverse circumstances of non-performance (either in whole or in part) or delay in its performance of its obligations, which include without limitation weather conditions, strikes/lockdowns (bandhs), industrial strikes, war, natural disasters or acts of God, acts of terrorism, labour disputes or stoppages, floods, government acts or orders, epidemics, pandemics or outbreak of communicable disease, quarantines, national or regional emergencies, earthquakes or civil disturbance, or such other threatened or actual circumstance or cause, whether similar in kind to the foregoing or otherwise which in each case could not reasonably be foreseen and is beyond the reasonable control of AyurDNA.
Copyright and Trademark
You agree and confirm that:
- Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented on the Website (including but not limited to the content, graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“IP”) is owned by or licensed to AyurDNA and is protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights.
- You shall not display, print or download extracts from the Website, whether for your personal or non-personal use, and you shall not commercialise any IP in any way.
- You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Website.
- Unless with our prior permission, no part of the Website shall be reproduced or transmitted to or stored in any other website, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form.
- Nothing on the Website or your use of the Service shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of AyurDNA, its affiliates or any third party, whether implied or otherwise.
- AyurDNA bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the services or products and/or their content.
- References on the Website 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 and do not in any way constitute or imply AyurDNA’s endorsement, sponsorship or recommendation of the third party, information, product or service. AyurDNA 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. If you decide to link to any such third party websites, you do so entirely at your own risk.
Limitation of Liability
In no event shall AyurDNA or any of its subsidiaries or affiliates and its service providers or suppliers shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website including without limitation, lost profits or revenues, service charges, costs of replacement goods, lost savings, loss or damage to data arising out of the use or inability to use the Website, Services or any AyurDNA services or products, damages resulting from the use of or reliance on the content presented, even if AyurDNA or its suppliers have been advised of the possibility of such damages.
The Website or Services may contain inaccuracies and typographical and clerical errors. AyurDNA expressly disclaims any obligation(s) to update this Website or any of the content on this Website. AyurDNA shall not be responsible in any manner whatsoever for any damage, errors or omissions or for the results obtained or outcomes from the information provided on the Website or for any technical problems you may experience with the Website. AyurDNA does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website or Services. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. AyurDNA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or Services.
AyurDNA may, at its sole discretion, terminate your sign up or restrict your access to certain parts or all of the Website, if there is an indication that you have breached these Terms and Conditions or if you have sent an email to AyurDNA at firstname.lastname@example.org requesting AyurDNA to remove all your information from the Website. Such termination shall be without any liability to AyurDNA. Upon any termination/expiry of these Terms and Conditions, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise.
Consequent to termination, you shall not access the Website or display your information in any manner whatsoever on the Website or connected to the Website unless otherwise agreed or permitted by the AyurDNA in writing.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. AyurDNA will investigate occurrences that may involve such violations and may involve, and cooperate 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 the Website or any activity being conducted on the Website. 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 the Website other than the search engine and search agents available from AyurDNA on the Website and other than generally available third party web browsers (e.g. Microsoft Explorer).
Governing Law and Dispute Resolution
These Terms and Conditions and all acts and transactions pursuant hereto and the rights and obligations of you and AyurDNA shall be governed, construed and interpreted in accordance with the laws of India and subject to the arbitration clause below, and the courts at Bangalore, India shall have sole and exclusive jurisdiction to entertain any disputes that may arise pursuant to or under these Terms and Conditions.
Any dispute or difference either in interpretation or otherwise, of any terms of these Terms and Conditions, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The above arbitration shall be conducted in English and the arbitration shall be held in Bangalore, India.
If any part of these Terms and Conditions 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 these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and AyurDNA with respect to your information being displayed on the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AyurDNA with respect to the same. AyurDNA’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Purchase of Service/Products other than through this Website
These Terms and Conditions are also applicable for the purchase of services/products offered by AyurDNA other than through this Website and you confirm your acceptance of the same.
What Constitutes Personal Data?
“Personal Data” means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, whether online or offline, or any combination of such features with any other information, and shall include any inference drawn from such data for the purpose of profiling. Personal Data includes but not limited to the following information:
- financial information such as bank accounts, credit and debit card details or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- information received by body corporate under lawful contract or otherwise;
- visitor details as provided at the time of registration or thereafter; and
Call data records.
What Information we collect?
AyurDNA collects information in two ways:
- Personal Information you submit: AyurDNA collects personal information that you enter into data fields on AyurDNA Website. For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various subjects, register for AyurDNA programs, contact AyurDNA customer service, with regard to your service or products or respond to AyurDNA surveys. To protect your privacy, you should not provide AyurDNA with any information that is not specifically requested or that you do not wish to share.
- Passive Collection of Unidentifiable Information: AyurDNA Website may collect information about your visits to AyurDNA Websites without you actively submitting such information. Unidentifiable information may be collected using various technologies, such as cookies, internet tags, and web beacons. Your internet browser automatically transmits to AyurDNA Website some of this unidentifiable information, such as the URL of the website you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of AyurDNA Website easier by allowing AyurDNA to provide better service, customize sites based on consumer preferences, compile statistics, analyse trends, and otherwise administer and improve AyurDNA Website. Certain features of AyurDNA Website may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identity you without additional identifiable information
AyurDNA may use the information we obtain from the cookies in the administration of this Website, to improve the Website’s usability and for promotional and marketing purposes. We may also use that information to recognize your computer when you browse our Website, and to personalize our Website for you.
Using your Personal Information
All the information provided to AyurDNA by you as part of the Registration Data, including but not limited to Personal Information is voluntary.
You can access, modify, correct and eliminate the data about you which has been collected pursuant to you completing your registration on this Website and available on/in Your Account. If you update any information, we may keep a copy of the information which you originally provided for uses documented herein.
The Website uses temporary cookies to store certain data that is used by AyurDNA and its service providers for the technical administration of the Website, research and development, and for user administration. In the course of serving advertisements or optimizing services to the users of the Website, AyurDNA may allow authorized third parties to place or recognize a unique cookie on a user’s browser. AyurDNA does not store personally identifiable information in the cookies.
AyurDNA allows third parties, to serve advertisements to the users of the Website. These third parties include but are not limited to third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. AyurDNA may display advertisements to users that fit a certain general profile criteria. AyurDNA does not use personally identifiable information to identify targets for advertising on its Services.
Protecting the Privacy of Minors
You must not provide us with your personal information if you are not at least 18 (eighteen) years of age as of the date you provide the information. We do not intend to collect personal information from any person below the age of 18 (eighteen) years. If we receive notice or believe that someone under this age has provided us with personal information we will make every reasonable effort to remove such personal information from our files or flag such personal information and retain it for the sole purpose of ensuring that it is not used any further.
Security of Information
AyurDNA takes data protection seriously. In furtherance of the same, AyurDNA has put in place physical and technical safeguards to keep the information which are collected secure. However, please note that although we take reasonable steps to protect your information, no website, internet transmission, computer system, or wireless connection is completely secure.
Disclosure of Information
AyurDNA will not disclose any Personal Information or data to governmental institutions or authorities unless such disclosure is requisitioned under any law or judicial decree or when AyurDNA, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk.
Non – Disclosure Agreement
All AyurDNA employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, shall execute non-disclosure agreements with AyurDNA in order to respect the confidentiality of your Personal Information.
Liability and Warranty
AyurDNA will take reasonable precautions to prevent the loss, misuse or alteration of Personal Information provided by you. Of course, data transmission over the internet is inherently insecure, and we do not warrant/guaranty the security of data sent over the internet. We will store all the Personal Information you provide on our secure servers. If you use this Website, you are responsible for maintaining the confidentiality of Your Account and password created under Your Account (“Password”) acquired while using this Website or registering on this Website and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. You agree to take due care in protecting your username and Password against misuse by others and promptly notify AyurDNA about any misuse. If AyurDNA has reason to believe that there is likely to be a breach of security or misuse of this Website, AyurDNA may require you to change your Password or may suspend Your Account without any liability to this Website or to AyurDNA.
AyurDNA does not warrant that the quality of any, services, products, information etc. obtained by you through the Website will meet your expectations, or that any errors in the Service shall be corrected.
AyurDNA shall not be responsible for removal of Your Information, comments or any other contents from the Website/Service when your registration is terminated.
AyurDNA does not warrant that our Website, server, or emails sent from us are free of viruses or other harmful effects. You explicitly comply and agree that your use of this Website is at your own individual risk.
Controlling your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on this Website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
AyurDNA addresses any discrepancies and grievances of all users of this Website with respect to processing of information in a time bound manner. For this purpose, you can contact us at +91 9148721007 or send an email to firstname.lastname@example.org to update your preferences, correct your information, submit a request, or ask us questions.