Terms & Conditions
This electronic document is produced under the Information Technology Act, 2000, and relevant rules. Published in compliance with applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, it outlines rules, regulations, privacy policy, and terms. No physical or digital signatures are needed as it's computer-generated.
Please carefully review these Terms and Conditions ("T&C"). By accessing, browsing, or using www.theherbessence.com or any related platforms, including mobile applications, and availing products from UNIQNATURA PRIVATE LIMITED ("Company" or "Us" or "We"), you agree to be bound by all the T&C outlined herein.
1. PRIVACY POLICY
The Company is dedicated to safeguarding user privacy and ensuring transparency in data usage. For detailed information, please refer to our company's privacy policy, which is referenced and available on the Website.
2. SHIPPING, RETURNS & REFUNDS
All aspects related to shipping, deliveries, returns, and refunds will be subject to the Company's current policies. Please consult the relevant policies available on the website, accessible here.
3. PRODUCTS
When you place an order for our products via the website, you are agreeing to the terms and conditions outlined in this document. The products are intended for personal use, and you are not allowed to sell or resell them without prior agreement. We reserve the right to cancel or reduce product quantities at our discretion.
The availability of any Products may be changed, suspended, or discontinued by the Company at any time, without prior notice or liability. You understand that the price associated with a Product or service may change without notice or liability.
When detailing our products on the website, we strive for accuracy. However, we do not guarantee the precision, completeness, reliability, currentness, or error-free nature of product descriptions, colors, and information. The website may contain typographical errors or inaccuracies, including those related to pricing and product availability. Please be aware that product images are indicative and may not precisely match the actual product.
4. PROPRIETARY RIGHTS
The Company holds exclusive ownership of all brand names owned and licensed to it. These brands, along with proprietary rights and trade secrets in the Products, are protected under Indian laws governing intellectual property. Any unauthorized reproduction, modification, duplication, republication, resale, or distribution of Company-manufactured or distributed Products is strictly prohibited.
The Company exclusively owns the rights to all trademarks, trade dress, and distinctive webpage layouts, encompassing calls to action, text arrangement, images, technology, content, software, and other materials featured on the website, including its overall appearance. No trademark rights are conferred concerning the products or website materials. Accessing the website does not grant permission for the utilization of any trademarks. All trademarks showcased on the website, whether registered or unregistered, are the intellectual property of the Company.
Unauthorized deep linking to specific sections of the website or framing, inline linking, or displaying any of our properties, including the website, is prohibited. The use of our logos or trademarks as part of a link requires explicit written permission.
5. USE OF WEBSITE
A singular user account ("Account") must be created and managed by you exclusively. You are responsible for all activities conducted under your account, safeguarding your password and account details, and restricting computer access. Submitted information must not infringe on third-party rights, and no Account can be bought, sold, traded, combined, or shared. Accounts are non-transferable.
You affirm that you possess the legal authority to legally bind the individual on whose behalf you are accessing, browsing, and utilizing the website to adhere to the stipulated terms and conditions. You commit to assume responsibility for any damages arising from improper use of the website if the individual declines to be bound by the Terms and Conditions as the principal party.
If you have reason to believe or detect any compromise in the security of your account, promptly reach out to us using the "Contact Information" provided below. We may, as a precautionary measure, request you to modify your password or, if deemed necessary, implement temporary or permanent suspension of your account. Such actions will be undertaken at no expense to the company if a breach is confirmed or suspected.
In the event of a breach of the terms and conditions or if, at our sole discretion, such action is deemed in the best interests of the company, we retain the right to decline service and/or suspend accounts without prior notice. You are solely responsible for any content you upload, post, email, or transmit through the website. We shall maintain the accuracy of the information you provide, as per our privacy policy.
In your use of the Web Site and the Services, you may not:
(i) violate any intellectual property rights, including patents, trademarks, trade secrets, copyrights, publicity rights, and others;
(ii)Engage in activities such as slander, mistreatment, harassment, stalking, or any interference that disrupts the normal functioning of the Services, the Website, or any linked websites.
(iii) Engaging in activities that disrupt or inflict harm upon the website or its services is strictly prohibited. Such activities include deploying malware, spam bots, trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, faked routing or email address information, or any equivalent techniques or technologies.
(iv) Engaging in unauthorized attempts to access another individual's account, impersonate others, misrepresent relationships, or create and utilize a fictitious identity, including but not limited to the Website, is strictly prohibited, and constitutes a breach of professional conduct.
(iv) Engaging in unauthorized attempts to access another individual's account, impersonate others, misrepresent relationships, or create and utilize a fictitious identity, including but not limited to the Website, is strictly prohibited, and constitutes a breach of professional conduct.
(v) Endeavour to gain unapproved access to the website or areas of the website that are off-limits to the public.
(vi) Engaging in the dissemination of "spam," chain letters, junk mail, or any form of unsolicited solicitation, whether directly or indirectly, is strictly prohibited.
(vii) Collect information on fellow users without their explicit consent, either through manual or automated means, or any other data pertaining to the website or services.
(viii) Utilize meta tags or any form of "hidden text" incorporating the brand name www.theherbessence.com, product names, or trademarks in a manner that is contrary to professional and ethical practices.
(ix) Market, present for sale, or engage in the sale of any products or services, unless expressly authorized by the website.
(x) Engage in any conduct that impedes a third party's ability to utilize or derive enjoyment from the website or services; or
(xi) Provide support to any third party involved in activities prohibited by these Terms and Conditions.
6. USER CONTENT
You bear exclusive responsibility for any data, text, software, music, sound, pictures, graphics, photos, videos, messages, or other materials you transmit, upload, post, email, or make accessible on the website ("User Content" or "Submissions"). It is expressly clarified that third-party User Content is their sole responsibility, not ours.
You agree not to transmit, publish, upload, email, or otherwise provide on the website any User Content that is not under your ownership or control.
(a) is offensive, racist, ethnically objectionable, or illegal, posing harm to individuals or groups;
(b) includes damaging, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous content or invades another person's privacy;
(c) presents information that is knowingly untrue, erroneous, or deceptive;
(d) involves unauthorized disclosure of confidential information under legal, contractual, or fiduciary obligations;
(e) infringes upon any party's copyright, trade secret, patent, trademark, or other proprietary or intellectual property rights. Compliance with these standards is crucial for a respectful and lawful online environment.
Moreover, you agree to abstain from transmitting, uploading, posting, or making available any software viruses, unsolicited or unauthorized advertisements, solicitations, promotional materials, including chain letters, bulk mailings, or any form of "spam" through any means, including email.
(i) Impersonate others, fabricate personal histories, or misrepresent affiliations with individuals or organizations;
(ii) Engage in stalking or any form of harassment, including promoting harm to others, especially minors;
(iii) Modify identifiers, such as forging headers, to obscure the origin of User Content;
(iv) Violate any relevant local, state, federal, or international laws, whether intentionally or unintentionally;
(v) Collect or retain user information that could personally identify them.
Any ideas, comments, feedback, recommendations, or submissions provided by you on our Website shall be considered our exclusive property. Your comments are regarded as an assignment of global rights, title, and interest in patents, copyrights, trademarks, and other intellectual property rights.
You expressly waive any claims grounded in moral rights, unfair competition, breach of implied contract, breach of confidentiality, or any other legal theories, relinquishing all rights to the Comments. You commit to fulfilling all necessary documentation, at our cost, to formalize this assignment. Consequently, we shall exclusively own all rights, titles, and interests associated with the Comments, without any limitations on their commercial or non-commercial utilization.
If you prefer not to grant us these rights, kindly refrain from posting any comments. We are not obligated to:
(i) maintain comments in confidence;
(ii) provide compensation for comments; or
(iii) respond to any comments. You retain full responsibility for the content of your posted comments.
We cannot ensure the authenticity, integrity, or quality of User Content on www.theherbessence.com, as we lack control over the content. By using this website, you acknowledge potential exposure to offensive or objectionable User Content. We disclaim all liability for User Content, including errors or omissions and any resulting loss or damage from your use of such content.
You acknowledge our prerogative to modify, shorten, or delete any User Content, exercisable at our sole discretion. The authority to decline service to users violating these terms, infringing upon others' rights, or engaging in objectionable conduct is reserved, without limiting the scope of the aforementioned or any other provision herein.
7. Tax
You acknowledge and agree to remit any applicable sales tax, as indicated on the Website, upon the purchase of any products (referred to as "Products") offered through the Website.
8. Intellectual Property Rights
The website offers informational and marketing resources alongside its products. It also offers details about dietary supplements and nutrition, sourced both directly and indirectly through links to third-party websites. These materials and contents are often curated from external sources rather than originating as Company's original works. The Company explicitly disclaims any liability associated with such materials and content, and it does not endorse any of them.The Company absolves itself of any liability or responsibility for the information provided, and any loss or damage incurred through your reliance on said information or content. Content produced by the Company on this Website is protected under Indian intellectual property laws, and unauthorized use may violate trademark, copyright, and other legal statutes. Your use of this website's content is understood to be for personal, non-commercial purposes.
We respect intellectual property rights. If you suspect unauthorized use of your work, kindly notify us in writing at our email address: support@theherbessence.com
Connections to external websites serve solely for your convenience. The Company does not sponsor, affiliate with, endorse, or recommend these third-party websites. The Company assumes no liability for the information on these sites, and you access them at your own risk. Prior to use, review the third-party website's terms, conditions, and privacy statement.
9. Indemnification
In the event that any third party brings legal action against the Website, its subsidiaries, affiliates, directors, officers, agents, members, shareholders, co-branders or other partners, employees, or Ad Partners, you agree to defend, indemnify, and hold them harmless from all liabilities, losses, actions, damages, claims, or demands, including reasonable attorneys' fees, costs, and expenses.
(a) The content you upload to the website, transmit through the service, or otherwise interact with,
(b) Your utilization and engagement with the Service,
(c) The nature of your connection to the Service,
(d) Instances where you have breached the terms of this agreement,
(e) Actions leading to infringement on another person's rights,
(f) Your incapacity to meet the obligations outlined in this agreement.
At our sole and absolute discretion, we reserve the right to manage the resolution of any Claim at your own risk and expense, should you be obligated under this section to indemnify. However, without our permission, you are not allowed to settle, compromise, or dispose of any Claim.
10. Limitations of Liability, Exclusions, and Disclaimers
WARRANTY DISCLAIMER:
Our products, services, and website are provided "as is" and "as available" without any warranty. We do not guarantee that:
(I) The website will be secure or uninterrupted,
(II) It will be free from errors, inconsistencies, or defects,
(III) It will meet your specific needs, or
(IV) Function seamlessly within your configuration or with other hardware or software you use.
We hereby disavow any implicit warranties, encompassing, but not restricted to, merchant ability, non-infringement, and suitability for a specific purpose. Our warranties are confined to those explicitly articulated in this Terms and Conditions.
Forward-Looking Statements Disclaimer:
There may be forward-looking statements on this website that reflect our current expectations for upcoming occasions and commercial ventures. These statements contain risks and uncertainties. A number of factors, some of which are outside of our control, might cause actual results to differ considerably from projected ones.
Health Related Information.
The content provided on the website is solely for informational purposes and should not be considered a substitute for medical advice from qualified professionals. It is strongly advised not to self-diagnose or treat any medical condition based on the information presented. Prior to using any product, it is essential to thoroughly review the provided instructions.
Products
All products are subject to applicable warranties, if any, specified in the product packaging by their manufacturers, distributors, and suppliers. We expressly disclaim all warranties, including merchantability, non-infringement, and fitness for a particular purpose, to the fullest extent allowed by applicable law. Our liability is disclaimed for product defect or failure claims arising from normal wear, product misuse, abuse, modification, improper selection, non-compliance with codes, or misappropriation, without limiting the foregoing.
Damage Exclusion
Irrespective of the basis for the action, we shall not be held liable to you or any third party for consequential, incidental, indirect, punitive, or special damages. Such damages include, without limitation, those associated with lost profits, data, or goodwill, arising from, related to, or connected with the use of the products or website. This provision remains applicable irrespective of the cause of action.
Limitation Of Liability
Our entire liability under these terms and conditions, including claims pertaining to the website or products, shall in no case be greater than INR 3000 or the full price of the products, whichever is less.
11. Force Majeure
Due to a variety of unforeseen situations, the Company shall not be deemed to be in default under any circumstances or held liable for any interruption, cessation, or delay in fulfilling its commitments. These may include but are not limited to earthquakes, storms, natural disasters, acts of God, war, terrorism, armed conflict, labour strikes, lockouts, boycotts, any acts of nature, floods, lightning, severe weather, material shortages, rationing, pandemics or epidemics, the spread of viruses, Trojans, or other disruptive mechanisms, hacking or illegal usage of the Website, utility or communication failures, revolutions, civil commotions, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand, or requirement having legal effect imposed by any government or judicial authority or representative thereof. Regardless of how similar or different these circumstances are, we believe they are outside of our reasonable control.
Furthermore, our duties under these terms and conditions will be suspended for the duration of any Force Majeure event that prevents us from performing our obligations under these terms and conditions.
12. End of Operation
With sole discretion and without prior notice to you, the Company retains the right to terminate the operation of the Website and the distribution of Products at any time.
13. Impact Of Waiver
These Terms and Conditions (T&C) contain rights and provisions that the Company may not enforce or exercise, and such failure shall not be construed as a waiver of such rights or provisions. If a court rules that any T&C provision is unenforceable, the remaining portions will still be in effect, and the court will make every effort to maintain the parties' intended interpretation of the provision.
You hereby irrevocably forfeit the right to combine claims with others in a class action lawsuit or through other comparable legal proceedings by agreeing to these T&C. Every claim resulting from, associated with, or related to these terms and conditions must be made individually.
14. Personal Use
The usage of the Website and Products beyond the territorial confines of India is deemed unsuitable and incompatible, as stipulated in the Company's disclaimer. Users who access the Website from international locations do so voluntarily and at their own risk, assuming sole responsibility for compliance with applicable local laws.
15. Customers Application
You agree that we may send you electronic notices by email or by posting notices on this website, among other forms of communication (collectively, "Notices") pertaining to the matters covered by these Terms and Conditions. You acknowledge that any notices we send you electronically fulfil any legal requirement that they be sent in writing. If you would like to stop receiving Notices electronically, you must stop using this website and send an email to support@theherbessence.com informing us of your decision to do so. All rights granted to you under these Terms and Conditions will instantly expire in such a case. Sadly, we are unable to offer this website's features to those who are unable to agree to receive Notices electronically.
Kindly note that your decision regarding marketing communications is entirely separate from your authorization to receive Notices. Our Privacy Policy provides details on your options concerning the receipt of marketing materials.
16. Conflicts
All disputes arising from these terms and conditions will be under the exclusive or non-exclusive jurisdiction of the courts in Delhi.
17. General
You recognize and consent to the fact that these Terms and Conditions serve as the comprehensive and exclusive agreement between us regarding your utilization of the website. They override and regulate all prior proposals, agreements, or other communications.
We reserve the unilateral right to amend these terms and conditions at our discretion. Notification of changes will be provided, and the updated version will be posted on the website, with immediate effect upon posting. Your continued use of the website constitutes acceptance of all modified Terms and Conditions. We may terminate any rights granted by these Terms and Conditions, with or without prior notice. You are required to promptly comply with any termination notice or other instructions, including, if applicable, discontinuing all use of the website.
These terms and conditions expressly disclaim the formation of a partnership, agency, or any joint venture between the parties. Non-enforcement of any provision does not waive our right to require compliance in the future, nor does it constitute a waiver of the provision.The unenforceability or invalidity of any provision of these terms and conditions shall not render these terms and conditions unenforceable or invalid in their entirety; rather, the adjudicating entity shall modify the terms and conditions to the greatest extent feasible in order to reflect the original intent of the parties as reflected in the original provision.
If you have any complaints or questions about the Products or the Website—including any concerns about copyright infringement—please get in touch with us.
At The Herb Essence, we prioritize transparency and customer satisfaction. Should you have any questions or concerns about our policies or products, please feel free to reach out to our customer service team at support@theherbessence.com or on Whatsapp/Calls at our Customer care Number - +91-9821141180
18. Affiliate Terms and Conditions
1) Acceptance of Terms: By participating in our affiliate program, you agree to abide by these terms and conditions.
2) Eligibility: Anyone over the age of 18 can apply to become an affiliate.
3) Application Process: Submit your application through our website. We reserve the right to reject applications for any reason.
4) Approval: We'll review your application and notify you of our decision.
5) Promotion Guidelines: Affiliates must promote our products ethically and accurately.
6) Commission: Earn a commission on sales generated through your unique affiliate link.
7) Payment: Commissions are paid monthly via PayPal or bank transfer.
8) Tracking: Sales are tracked using affiliate links provided to you.
Prohibited Activities: Affiliates may not engage in spamming, trademark infringement, or other unethical practices.
9) Termination: We reserve the right to terminate the affiliate relationship for violations of these terms or for any other reason.
10) Modification: We may update these terms at any time. Affiliates will be notified of changes.
11) Governing Law: These terms are governed by the laws of Delhi Jurisdiction.
12) Contact: If you have any questions or concerns, please contact us at +91-9821141180.
19. Code of Conduct for Brand Ambassadors
1) Ethical Promotion: Brand Ambassadors must promote our products and brand in a positive and ethical manner, adhering to all applicable laws and regulations.
2) Authenticity: Ambassadors should only endorse products they genuinely believe in and have used themselves.
3) Transparency: Ambassadors must disclose their relationship with us and clearly indicate when content is sponsored or paid for.
4) Accuracy: Ambassadors should provide accurate information about our products, including features, benefits, and pricing.
5) Respect: Ambassadors must respect the intellectual property rights of others and refrain from engaging in any form of harassment or discrimination.
6) Professionalism: Ambassadors should conduct themselves professionally in all interactions with customers, fellow ambassadors, and our team.
7) Compliance: Ambassadors must comply with all terms and conditions of our Partner Program, as well as any additional guidelines provided by us.
8) Feedback: Ambassadors are encouraged to provide constructive feedback and suggestions for improving our products and brand.
9) Confidentiality: Ambassadors may have access to confidential information about our products and business operations and must maintain the confidentiality of this information.
10) Termination: We reserve the right to terminate the partnership with any ambassador who violates these guidelines or acts in a manner contrary to our brand values.
20. How to Use the Partner Program on Our Website
To use our Partner Program on our website, interested individuals can start by signing up through a dedicated page on our website. Each application is carefully reviewed, and qualified candidates are approved to become brand ambassadors. Upon approval, ambassadors gain access to a personalized dashboard where they can find marketing materials, track their performance, and view earnings.
Ambassadors also receive unique discount coupons that they can create themselves after logging into the partner area. These coupons help track sales and attribute commissions to the respective ambassador. Promotion of our products can be done through various channels such as social media, blogs, and email marketing, utilizing the unique referral links provided to ambassadors.
Commissions are earned on sales generated through these referral coupons and are paid out according to the terms of our Partner Program. Ambassadors can easily monitor their performance, including clicks, conversions, and earnings, through their dashboard.
We offer ongoing support and resources to help ambassadors succeed in promoting our brand effectively. Ambassadors are required to adhere to our Code of Conduct and comply with all terms and conditions of the Partner Program to maintain their status. We value open communication with our ambassadors and encourage feedback to continuously improve our Partner Program and brand promotion efforts.