Terms And Conditions
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR OUR MOBILE APP OR ORDERING PRODUCTS FROM THIS WEBSITE OR OUR MOBILE APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
NOTE: TERM DAWAGHAR OR DGMEDICINE OR DGMEDICINE.COM ARE INTERCHANGEABLE THROUGHOUT THIS DOCUMENTATION.
This Terms of Service Agreement (the "Agreement") governs your use of this website or mobile app, http://dgmedicine.com (the "Website or mobile app") and dgmedicine – Medicine Online, Dawaghar ("Business Name") offer of products for purchase on this Website or Mobile App, or your purchase of products available on this Website or Mobile App. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Dawaghar 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 or mobile app. Dawaghar 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 or mobile app. Your use of the Website or mobile app following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Dawaghar encourages you to review this Agreement whenever you visit the Website or mobile app to make sure that you understand the terms and conditions governing use of the Website or mobile app. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Dawaghar 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 or mobile app. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer : This Website or mobile app offers for sale certain products (the "Products"). By placing an order for Products through this Website or mobile app, you agree to the terms set forth in this Agreement.
Quantity Restrictions : Customer Solicitation: Unless you notify Dawaghar 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 Dawaghar and its designated in house call team(s).
Opt Out Procedure: We provide 2 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: enquiry@dgmedicine.com.
Proprietary Rights. Dawaghar has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product distributed by Dawaghar. Dawaghar also has rights to all trademarks and trade dress and specific layouts of this webpage or mobile app, including calls to action, text placement, images and other information.
Taxes: If you purchase any Products, you will be responsible for paying any applicable sales tax or other applicable tax.
II. WEBSITE OR MOBILE APP
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website or mobile app also offers information and marketing materials. This Website or mobile app also offers information, both directly and through indirect links to third-party website or mobile apps, about nutritional and dietary supplements. Dawaghar always create the information offered on this Website or mobile app. To the extent that Dawaghar does create the content on this Website or mobile app, such content is protected by intellectual property laws of the India. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website or mobile app is for personal, noncommercial use. Any links to third-party website or mobile apps are provided solely as a convenience to you. Dawaghar does not endorse the contents on any such third-party website or mobile apps. Dawaghar is not responsible for the content of or any damage that may result from your access to or reliance on these third-party website or mobile apps. If you link to third-party website or mobile apps, you do so at your own risk.
Use of Website or mobile app; Dawaghar is not responsible for any damages resulting from use of this website or mobile app by anyone. You will not use the Website or mobile app for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website or mobile app (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website or mobile app by other users, (3) not resell material on the Website or mobile app, (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 or mobile app
License. By using this Website or mobile app, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website or mobile app in connection with your normal, noncommercial, use of the Website or mobile app. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Dawaghar or the applicable third party (if third party content is at issue).
Posting. No one has right to post any content on the Website or mobile app except Dawaghar and its team. Dawaghar doesn’t provide any contact detail or other details to any other user of the website or mobile app, if somehow you attempted them Dawaghar is not liable for any damage or harm resulting from any posts by or interactions between users. Dawaghar reserves the right, but has no obligation, to monitor interactions between and among users of the Website or mobile app and to remove any.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE OR MOBILE APP AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE OR MOBILE APP AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAWAGHAR 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 OR MOBILE APP CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE OR MOBILE APP CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAWAGHAR MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE OR MOBILE APP IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR MOBILE APP 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 OR MOBILE APP.
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
DAWAGHAR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE OR MOBILE APP 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 OR MOBILE APP.
DAWAGHAR 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 OR MOBILE APP 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 MOBILE APP; 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.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Dawaghar, 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 or mobile app content or your use of the Website or mobile app 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 Dawaghar. When Dawaghar is threatened with suit or sued by a third party, Dawaghar may seek written assurances from you concerning your promise to indemnify Dawaghar; your failure to provide such assurances may be considered by Dawaghar to be a material breach of this Agreement. Dawaghar 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 or mobile app content or Products, with counsel of Dawaghar choice at its expense. Dawaghar 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 Dawaghar against any claim, but you must receive Dawaghar 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 mobile app or Products.
VI. PRIVACY
Dawaghar believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to Dawaghar privacy policy, incorporated by reference herein that is posted on the Website or mobile app.
VI. AGREEMENT TO BE BOUND
By using this Website or mobile app 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 or mobile app.
VIII. GENERAL
Unavoidable Accident: Dawaghar 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: Dawaghar may at any time, in its sole discretion and without advance notice to you, cease operation of the Website or mobile app and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Dawaghar and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Dawaghar 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.
Uttar Pradesh. This Agreement will be governed by the laws of the State of Uttar Pradesh, India without regard to its conflict of law principles to the contrary. Neither you nor Dawaghar 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 Uttar Pradesh. By using this Website or mobile app 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 documents.
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 mobile app or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Dawaghar reserves the right to terminate your access to the Website or mobile app 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 or mobile app and Dawaghar may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website or mobile app is terminated, Dawaghar reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website or mobile app. This Agreement will survive indefinitely unless and until Dawaghar chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Dawaghar makes no representation that the Website or mobile app or Products are appropriate or available for use in locations outside India. Users who access the Website or mobile app 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. Dawaghar may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR MOBILE APP OR ORDERING PRODUCTS FROM THIS WEBSITE OR MOBILE APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.