Terms of Service

1. INTRODUCTION:-

The domain name https://products.drbatras.com/ ("Site") is owned and operated by Dr.Batra’s Positive Health Products Limited. We value the trust you have in us. Therefore, we insist upon the highest standards for securing transactions and customer information privacy.

This Privacy Policy ("Policy") describes the type of personal information we collect from our User, purpose for collecting such information, how we use it, with whom we share it and the choices available to our customers regarding our use of the information collected by us. We will not disclose the personal information and sensitive information (meanings prescribed in clause 2 below) shared by the user other than in compliance with this Policy.  If you do not consent to any of the terms enumerated in this Policy, please do not proceed to use the Site.

Our Policy is subject to change at any time without any prior notice. Your continued use of the Site following such changes to the Policy constitutes your acceptance of the changed Policy and to be bound by such changes. If you do not continue to use the Site following change in the policy but take no action with respect to your personal information and sensitive information with us, our use of your personal information and sensitive information shall remain subject to the Policy in effect prior to the change. You are responsible for periodically reviewing this Policy in order to be aware of any changes thereto from time to time if any.

2. WHAT WE COLLECT:-

We may collect personal identifiable information from you when you save or otherwise provide us when you set up a free account with the Site OR when you communicate with us via phone, email, chat, SMS or other electronic medium of communication etc. OR when you fill an entry to participate in any quiz contest, promotion or survey, data activity etc. OR use the service of Gift Card on the Site OR when you participate at one of our events, etc.  As a result of these actions you might supply us with personal information, such as your name, e-mail ID and postal addresses, phone number(s), credit card information, debit card information, names of people to whom purchases have been shipped including address and telephone numbers, IP addresses, product interest information and in certain circumstances, your opinions and individual preferences, etc (collectively "Personal Information"). When you visit this Site, our social media platforms, or our social networking or mobile applications, may also collect certain information about your device or usage by automated means or by using technologies such as cookies, web server logs and web beacons.

You may also provide us with information like financial information such as Bank account or credit card or debit card or other payment instrument details, password, physical health condition; medical history, sex/gender, etc. (collectively "Sensitive Information") for availing the services at our Site.

We may also maintain a record of your product interests and acquire information about you from our present and/or future affiliates.

3. WHAT IS THE PURPOSES FOR WHICH THE PERSONAL AND SENSITIVE INFORMATION IS COLLECTED:-

Dr.Batra’s may use your Personal Information collected:

• send you or your friends, relatives or associates, products that you have ordered;
• process gift card transaction;
• help us learn more about your shopping preferences; or
• conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and to help us improve your shopping experiences and product offerings.
• to send communication related to order updates and offers through e-mail, SMS and social media channels. This option will be auto renewed after 180 days and if you wish to unsubscribe from receiving offer updates, you can do so.

As provided below under Clause 7, you may always choose not to receive promotional materials/messages or marketing information.

4. WITH WHOM WE SHARE THE PERSONAL AND SENSITVE INFORMATION:-

Only the persons authorized by us shall have access to your Personal Information and Sensitive Information. We may share your Personal and Sensitive information only to those mentioned below and they are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy:

Our affiliates;

Service providers who perform services on our behalf based on our instructions which inter alia include beauty partners providing beauty services to the customers. However, these service providers will not be authorized to use or disclose such information except as necessary to perform services on our behalf or comply with legal requirements;, as demanded by any statutory / government / semi government/ Judicial / quasi judicial authorities.

Other third parties with your consent (e.g. Facebook applications may share information collected through those apps with your Facebook friends or other Facebook users). 

We do not rent or sell your Personal and Sensitive Information to any third party. However, should we plan to merge/sell all or substantially all of our business to another business entity or similar other transaction or be required by that business entity, we may transfer or disclose your Personal Information and Sensitive Information to that business entity who may collect, use or disclose such information for the purposes of evaluating the proposed transaction or for operating and managing the affairs of the acquired business or for other purposes identified in this Policy.

Notwithstanding anything contained in this Privacy Policy, we reserve the right to disclose any Personal Information or Sensitive Information that may be required to be disclosed mandatorily under applicable law or as required or as demanded by any statutory / government / semi government/ Judicial / quasi judicial authorities  where the disclosure is necessary to comply with any legal obligation or to law enforcement authorities or other government officials, without prior notice or consent of the site / app user.  

5. COOKIES:-

We may track your preferences and activities on the Site. "Cookies" are small data files transferred to your computer's hard-drive by a website. They keep a record of your activities on the Site making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies.

By continuing the use of the Site, you are agreeing to our use of cookies. If you do not agree to our use of cookie, you can block them in your browser setting, but you may lose some functionality on the Site.

6. HOW WE RETAIN OF SENSITIVE PERSONAL DATA OR INFORMATION:-

We will retain your Personal and Sensitive Information only as long as it is reasonably required or otherwise permitted or required by applicable law or regulatory requirements. We may also retain your Personal and Sensitive Information so long as it is necessary to fulfil the purposes for which it was collected (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements). Your Personal and Sensitive Information is safeguarded against inappropriate access and disclosure, as per this Privacy Policy.

We also maintain appropriate and adequate administrative, technical and physical safeguards designed to protect your Personal and Sensitive Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

 

7. OPT-OUT:-

The Site provides an option to all the users to opt-out of receiving any promotional or marketing communications from us. If you do not wish to receive any promotional or marketing communications from us, you can contact us at the address provided below.

 

Your Choices to opt-out:

You have the following choices with how your information is used:

OPT-OUT OPTIONS	WHAT YOU NEED TO DO
Updating your Personal Information in relation to your Account	You can update or correct your name, e-mail address, security questions, and other preferences by logging into your account    and clicking on the "My Account" page.
Receiving newsletters and promotional e-mails	You can click on the "unsubscribe" link at the bottom of any promotional e-mail that you receive.
Removal of content from user review:	Dr. Batra’s has the authority to remove or delete the comments on their website or any other public domain without any prior intimation and permission.

 

8. WITHDRAWAL OF CONSENT:-

If you have consented to the collection, use and/or disclosure of your Personal and Sensitive Information as identified in this Policy, you may withdraw the same at any time by communicating to us at the given below under Clause 10.

9. SECURITY:-

We endeavor to keep your Personal and Sensitive information secure, accurate in the best possible manner as it may be necessary for the purpose for which it was collected. We value the importance you attach to your Personal and Sensitive Information given to us and therefore we have (i) taken all reasonable measures and precautions to keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable you to review and edit the same.

However, we shall not be liable to any user for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the user due to the unauthorized access or misuse of the Personal or Sensitive Information by any third party.

10. Not to be visited by children’s below 18 years of age:-

This Site is directed to be used by adults only who have completed the age of 18 years or as defined by Indian Majority Act, 1875 and amended thereto from time to time. If you are not an adult, while you may look at our Site, but you should not make a purchase, register, or submit personal information to us. We or our associates / affiliates do not knowingly collect information from minors. Minors should not be using this Site with any personal information. In an event of default by the minor, the parent or the guardian will be liable to compensate for whatsoever damages arising out of such wrongful use by the minor, and parents / guardian shall not take a defense that the site is used by Minor without their knowledge and consent.

11. CONTACT INFORMATION:-

Customer Service Desk

E-mail id:  customer.products@drbatras.com

Phone: +91 8879356001

Contact Days: (7 days a week -  09.00 AM to 09.00 PM)

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS ON ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED FOLLOWING THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBSITE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.PRODUCTS.DRBATRAS.COM OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF HONASA CONSUMER PRIVATE LIMITED ( HEREINAFTER REFERRED TO AS “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO ORDER THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.

Only persons who can enter into a legally binding contract under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such a transaction through their legal guardian or parents. If you represent a company, partnership firm, or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity

The Company reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and You shall be bound by these T&C, as amended. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access and place your order. This T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this T&C, please press CTRL + P.

You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to all laws, rules, and regulations on your use of the Website.

1. PRODUCTS

Terms of Offer: The Website offers for the sale of certain products (“Products”). The Products shall include trial products and the products offered free of cost. By placing an order for the Products through the Website, you agree to the terms and conditions outlined in this T&C. The Products described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.

The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service may be subject to change, without notice or liability.

While describing our Products on our Website, we endeavor to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colors, information, or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies, or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual product.

Customer Solicitation: By accessing the Website or placing an order or sending any information, you are communicating with the Company electronically and you agree to receive communications (including transactional, promotional, and/or commercial messages) from the Company periodically and as and when required. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the Website or by any other mode of communication.

At any point in time, you have the right to withdraw your consent by following the below stated opt-out procedure.

Opt-Out Procedure: We provide 3 easy ways to opt-out from future Customer 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, by sending your email by addressing to products@drbatras.com
3. You may send a written removal request to 2nd Floor, H Kantilal Compound, Andheri Kurla Road, Sakinaka, Andheri East, Mumbai  - 400072
4. Proprietary Rights: All the brand names owned and licensed to the Company are the exclusive property of the Company, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. The Company has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or distributed by the Company in whole or in part or any other form whatsoever. The Company also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software, and other materials, which appear on the Website, including its looks and feel. No trademark is granted in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered, are the intellectual property of the Company.

Tax: If you purchase any Products, you will be responsible for paying any applicable taxes concerning such purchases.

1. WEBSITE

Your Account: You may create and hold one user account (“Account”) only. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferable and may not be sold, traded, combined, or otherwise shared with any other person.

If you are accessing, browsing, and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the T&C herein. If the person refuses to be bound as the principal to the T&C, 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.

If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company.

We reserve the right to refuse service and/or terminate accounts without prior notice if the T&C are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email, or otherwise transmit via the Website. The information provided to us shall be maintained by us following our Privacy Policy.

Content; Intellectual Property; Third-Party Links: In addition to making the Products available, the Website also offers information and marketing materials. The Website also offers information, both directly and through indirect links to third-party websites about nutritional and dietary supplements. The Company does not always create such information and the content published on the Website; instead, the information and content are often gathered from other sources. The Company does not endorse any such information or content and the Company expressly disclaims all liability in connection with the same. The Company is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content. To the extent that the Company does create the content on this Website, such content is protected by intellectual property laws of India. Any 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 and non-commercial use.

We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at << customer.products@drbatras.com >>.

Any links to third-party websites are provided solely as a convenience to you. The Company does not endorse, affiliate, sponsor, or recommend any such third-party websites. The Company is not responsible or liable for the content of or any damage or loss that may result from your access to or reliance on these third-party websites. You should always read the terms and conditions and privacy policy of a third-party website before using it. If you access or use such third-party websites, you do so at your own risk.

Use of Website: The Company is not responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any grossly harmful action, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

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 personal, non-commercial 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 the Company 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 the Company 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, subject to the Company’s privacy policy. The Company cannot 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. The Company is not liable for any damage or harm resulting from any posts by or interactions between the users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the Company deems objectionable. Under no circumstances will the Company be liable in any way for any user-generated content, including without limitation, for any errors or omissions in such content or any loss or damage of any kind incurred by you as a result of the use of any such user-generated content transmitted, uploaded, posted, emailed or otherwise made available via the Website. You hereby waive all rights to any claims against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user-generated content.

Site Security: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
4. sending unsolicited email, including promotions and/or advertising of products or services; or
5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
6. threatens the unity, integrity, defense, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense.

 

Payment Method: The Payments for the Products available on the Website may be made in the following ways:

1. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal, and reward points.
2. Cash on Delivery.

 

Chat Facility: The chat facility has been provided to help you with all Website related queries. Any use of this service shall be subject to the following conditions:

1. The Company may suspend the chat service at any time without notice.
2. The Company or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
3. Communication through chat may be stored by the Company for future reference, and the user of such service will not have the right to access such information at any future date.
4. While 'chatting', you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
5. The chat room shall not be used to sell any products, to suggest a business opportunity, or any other form of solicitation.

You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

 

Pricing and Availability: The Prices and availability of the Products, offers, and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company. The prices displayed on the Website are inclusive of goods and sales tax (“GST”) but do not include a delivery charge. The Prices and offers in an offline store and online on websites and portals other than the Website may vary from the prices displayed on the Website.

 

In the event, the Company is unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. You will have the right either to cancel the ordered Product or wait for the Product to be delivered. Please note that your order will be canceled due to (i) unavailability of the Product ordered or (ii) at your instructions in the event of failure to deliver the Product on the expected time of delivery by our delivery partners. You agree that the Company shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.

 

• DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company 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 concerning the Products or Website content, or any reliance upon or use of the Website content or Products.

Without limiting the generality of the foregoing, the Company makes no warranty:

1. that the information provided on this Website is accurate, reliable, complete, or timely;
2. that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
3. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
4. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
5. regarding any Products purchased or obtained through the Website.

The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.

The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company 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 Website.

1. LIMITATION OF LIABILITY

The Company takes no liability or exclusive remedy, in law, inequity, or otherwise, concerning the Website content and Products and/or for any breach of this T&C. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this T&C or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

You agree that, to the fullest extent permitted by applicable law, neither the Company nor our 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 Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third-party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected.

This disclaimer constitutes an essential part of this T&C.

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.

1. INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (a) this T&C or the breach of your warranties, representations and obligations under this T&C; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this T&C. The Company 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 the Company choice at its expense. The Company 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 the Company against any claim, but you must receive the Company's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.

1. PRIVACY

The Company believes strongly in protecting user privacy and providing You with notice of the Company’s use of data. Please refer to the Company privacy policy, incorporated by reference herein, that is uploaded on the Website.

• GENERAL

Force Majeure: The Company 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, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, any acts of nature labor disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further, if the Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations shall be suspended for the duration of the Force Majeure event.

 

Cessation of Operation: The Company 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 T&C comprises the entire agreement between you and the Company and supersedes any prior agreements about the subject matter contained herein.

Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C 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 such provision, and the other provisions of this T&C remain in full force and effect.

Governing Law and Jurisdiction: This T&C shall be construed following the applicable laws of India and will be governed by the laws of the state of Delhi without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or because of this T&C, other than in courts located in the State of Delhi. 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 because of this T&C.

Waiver of Class Action Rights: By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually.

Termination: The Company 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 of this T&C. Following termination, you will not be permitted to use the Website and the Company 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, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. This T&C will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it.

Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. The 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 T&C to anyone. The Company may assign its rights and obligations under this T&C 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 this T&C.

Survival. If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website.

Customer Service Desk:

Email: customer.products@drbatras.com

Phone Number: +91 8879356001

Contact Days: Monday-Friday (From 9:00 Am to 6:00 pm)