Terms Of Service
Effective Date: June 15, 2021
CROISSANCE DIGITAL SERVICES LLP d/b/a VEDICSHALA IS WILLING TO
SELL PRODUCTS FROM THIS SITE, AS WELL AS OFFER EDUCATION AND CONSULTATION IN
THE AREAS OF AYURVEDA, TRADITIONAL MEDICINE AND NATURAL WELLNESS ONLY UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THESE TERMS OF SALE. PLEASE
READ THESE TERMS CAREFULLY. BY CLICKING ON “ACCEPT” AND/OR BY ORDERING FOR
PRODUCTS AND SERVICES ON THIS SITE, OR BY ACCEPTING DELIVERY OF PRODUCTS OR BY
USING THIS SITE, YOU WILL INDICATE YOUR AGREEMENT WITH THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE FORGOING, WE ADVISE THAT YOU
STOP YOUR USE OF THIS WEBSITE IMMEDIATELY. WE BEAR NO RESPONSIBILITY TOWARDS
YOUR DISAGREEMENT WITH THE PROVISIONS OF THESE TERMS IF YOU CONTINUE TO ACCESS
THIS WEBSITE. YOUR USE OF THE SAME SHALL BIND YOU BY THE TERMS PROVIDED HEREIN.
1. Parties: The parties to
this Agreement are you, the purchaser or user (“You”), and the owner and
operator of this website: Croissance Digital Services LLP (Vedicshala.com).
All references to “We”, “Us”, “this website”, or “this site” shall be construed
to mean Vedicshala.com (and its sub-domains). If the user is not acting
on behalf of an individual, then “You” means Your Company, its officers,
members, agents, successors and assigns.
2. Use and Restrictions: Subject to these Terms of Service and
our Privacy Policy, you may use the public areas of this site, but only for
your own internal purposes. You agree not to access (or attempt to access) this
site by any means other than through the interface we provide, unless you have
been specifically allowed to do so in a separate agreement. You agree not to
access (or attempt to access) this site through any automated means (including
use of scripts or web crawlers), and you agree to comply with the instructions
set out in any robots.txt file present on this site. You are not authorized to
(i) resell, sublicense, transfer, assign, or distribute the site, its services
or content; (ii) modify or make derivative works based on the site, its
services or content; or (iii) “frame” or “mirror” the site, its services or
content on any other server or Internet-enabled device. All rights not
expressly granted in this Agreement are reserved by us and our licensors.
3. Not Healthcare Advice: The products, services and claims made about
specific products on or through the Site have not been evaluated by the United
States Food and Drug Administration and are not approved to diagnose, treat,
cure or prevent disease (except for herbal supplements that are mentioned as
FDA Approved).
The Site
is not intended to provide treatment or cure. Products, services, information
and other content provided on the Site, including information that may be
provided on the Site directly or by linking to third-party websites are
provided for informational purposes only. Please consult with a physician or
our wellness experts regarding any medical or health related advice online.
Information
provided on the Site and linked websites, including information relating to
medical and health conditions, treatments and products may be provided in
summary form. Information on the Site including any product label or packaging
should not be considered as a substitute for advice from a healthcare
professional. The Site does not recommend self-management of health issues.
Information on the Site is not comprehensive and does not cover all diseases,
ailments, physical conditions or their treatment. Contact your primary healthcare
professional promptly should you have any health related questions. Never
disregard or delay medical advice based upon information you may have read on
the Site.
Links
to or access from any third party websites or resources is not an endorsement
of any information, product or service. We are not responsible for the content
or performance of any third party websites. Use of any third party websites is
at your own risk.
Access
to the consultation services on the platform is at Your own risk. You agree
that Your use of the consultation services is at Your own risk and acknowledge
that the platform is not intended for use in a medical emergency or in case of
an urgent healthcare need. Furthermore, You agree that You will seek care
somewhere other than Our platform in the event of a medical emergency or an
urgent healthcare need. The consultation services are not a replacement for you
primary care doctors or annual check-ups. It must also be noted that the
service is not an online pharmacy, the consultants on the platform do not
provide drugs and remedies listed as controlled substances by the U.S. Drug Enforcement
Agency.
You
hereby agree and acknowledge that any prescription obtained through a
consultant on Vedicshala shall be used only for its intended purpose and does
not guarantee that a specific prescription will be provided on request.
You
should not use the information or services on the Site to diagnose or treat any
health issues. You should always consult with your healthcare professional and
read information provided by the product manufacturer and any product label or
packaging, prior to using any medication, nutritional, herbal or homeopathic
product or before beginning any exercise or diet program or starting any
treatment for a health issue. Individuals are different and may react
differently to different products. You should consult your physician about
interactions between medications you are taking and nutritional supplements.
Comments made in any forums on the Site by employees or Site users are strictly
their own personal views made in their own personal capacity and are not claims
made by us or do they represent our positions or views. Product ratings by any
current or previous employees or Site users are strictly their own personal
views made in their own personal capacity and are not intended as a substitute
for appropriate medical care or advice from a healthcare professional. We are
not liable for any information provided on the Site with regard to
recommendations regarding supplements for any health concerns.
4. Purchase of Products and
Services: Vedicshala
agrees to sell, and You agree to purchase, products/services from this site,
subject to the terms and conditions hereof. These terms and conditions may NOT
be altered, supplemented, or amended by You by the use of any other
document(s). Any attempt to alter, supplement or amend this document or
to enter an order for product(s) which is subject to additional or altered
terms and conditions will be null and void, unless otherwise agreed to in a
written agreement signed by both You and Vedicshala.
5. Enrollment Certificate
Courses: You may
opt for courses and certificate courses available on the Vedicshala Platform
if:
5.1 Only you register as a user on vedicshala.com
5.2 You complete the payment and enrollment process for a chosen
course.
6. Courses Cancellation and
Refunds: The
Courses listed on the Platform are supplied with relevant course materials,
modules and assignments for certification. In case you are unsatisfied with a
course or the materials provided therein, you may ONLY avail a replacement with
another course by way of reaching out to us. Additionally, it is to be noted
that no refunds shall be provided for payments made for a course, other than
Vedicshala credits to be used for availing a course on the Vedicshala Platform
for Education Department.
7. Provision of Course
Certificates: All courses available on the Platform are accompanied with
assessments and are subject to fulfillment of such assessments prior to
granting of the course certificates. All participants of the courses shall have
to mandatorily pass the assessments to be entitled to certification.
8. Sales to Minors
Restriction: Orders by minors (persons under the age of 18) are
prohibited under these Terms of Sale and from this site. While Vedicshala
does not sell Products to minors, Vedicshala will sell products to a minor’s
guardian or parent using such person’s credit card for payment.
Therefore, if You are under 18, You may use this site for placing product
orders only with the involvement and consent of a parent or guardian.
9. Shipment Limitation: Vedicshala
is a global marketplace however the shipment zones and areas are subject to
product or vendor availability at your required zipcode. Hence, we recommend
you to use “Shipping Validator” available on all product pages before you
proceed with your order.
10. Shipping Price: Vedicshala is a
marketplace for all Ayurveda and Natural Wellness products/services. The
shipping prices are defined by each seller and you may check the shipping cost
pre-applied while checkout and Vedicshala has no margin or additional hidden
cost involved in shipping price. The shipping prices are subject to change as
per changes made by our sellers and service providers.
11. Shipping and Handling: Separate charges
for shipping and handling will be shown on our e-mail order confirmation.
You will be responsible for sales and all other taxes associated with your
order. If applicable, a separate charge for taxes will be shown on our
e-mail order confirmation. You will be responsible to provide accurate and
complete shipping address details for your orders. Vedicshala will not be
liable for product not delivered due to inaccurate shipping details.
12. Price Quotes: Pricing. Any price
quotations provided on this site shall be valid for the period stated. If
no time period is stated, then the price charged for an order will be the price
in effect the day your order is placed. Product prices shall be
identified on the on-line order form at the time of your order placement.
Vedicshala may change product prices at any time without notice. Prices
do not include charges for shipping and handling, and applicable taxes.
13. Ownership: Risk of Loss. Title
to products purchased at this site under these Terms of Sale passes (i) from Vedicshala
to you upon shipment, and (ii) from our participating sellers to You upon their
shipment.
14. Registration Data: Registration is
required for you to purchase products from this site and to avail the services
available here on. You agree to provide certain current, complete, and
accurate information about You as prompted to do so by the registration form
(“Registration Data”). You warrant that your Registration Data is
accurate and current, and that You are authorized to provide such Registration
Data. You authorize us to verify your Registration Data at any
time. Solely to enable Vedicshala to use information You supply us
internally, so that we are not violating any rights You might have in that
information, You grant to Vedicshala a nonexclusive license to (i) convert such
information into digital format such that it can be read, utilized and
displayed by Vedicshala’s computers or any other technology currently in
existence or hereafter developed capable of utilizing digital information, and
(ii) combine the information with other content provided by Vedicshala, in each
case by any method or means or in any medium whether now known or hereafter
devised.
15. Live Consultation Terms: All the details of
Ayurveda Doctors and Wellness Expert are verified to the best of knowledge of
Vedicshala Team. Below are the terms for booking consultation for live
consultation/sessions you need to know before proceeding ahead:
i.
All the bookings made online through Vedicshala.com are for
virtual consultation/sessions only.
ii.
Customers/Users can reschedule their bookings at least 48 hours
prior to the scheduled appointment time. Any other last minute reschedule are
subject to late response fees of 25% of the consultation charges or $50 per
consultation whichever is higher.
iii.
Customers/Users can cancel their consultation within 24 hours of
booking the appointment. After 24 hours of booking Customers/Users cannot
cancel the appointment and Vedicshala or the Consultants are not liable to
issue refunds for an inability for the User to show up for the consultations. However,
in case of inability of a User/Customer to appear for a consultation, a
rescheduling may be opted as per clause 15(ii).
iv.
Customers/Users are subject to submit prerequisite
questionnaires or information forms or previous health history (if any required
before consultation) at least 24 hours before the appointment time.
v.
In case, the Customer/User fails to provide any important
pre-requisite Form, Questionnaire or Mandatory information required to provide
services, Ayurveda Doctors/Wellness Experts have the right to reschedule the
appointment at any point of time.
Live Consultations
offered on the Vedicshala are purely and independently provided by the Ayurveda
Doctors empaneled with Vedicshala. The opinion provided by the Wellness Experts
in such consultations are their own independently and in no way shall
constitute an opinion of Vedicshala. Consequently, we hereby limit our any
liability arising out of the services provided by experts on the platform and
you acknowledge and accept that We shall, in no way be a party to, or liable to
compensate you for any losses that you may incur in following the advice
supplied by the consultants listed on our platform.
16. Vedicshala Credits: Purchases made on
Vedicshala may be refunded for only in the way of website credits in the
designated user wallet. It is to be noted that credits availed with respect to
products, consultations and courses can only be later used for each of the
respective products/services and may not be universally used on Vedicshala.
17. Privacy Policy: Registration Data
and certain other information about You is subject to our Privacy Policy which
may be accessed via links on the bottom of website pages. Our Privacy
Policy may be amended from time to time in accordance with its terms. Your use
of the website shall be sufficient to conclude that You agree with Our Privacy
Policy as updated.
18. Warranty Disclaimer: VEDICSHALA IS NOT
RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITES OR
IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITES,
MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILISED
IN THE SERVICE. VEDICSHALA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE PLATFORM OR MEMBER OF THE PRODUCTS AND SERVICES
OFFERED. FURTHERMORE, VEDICSHALA BEARS NO RESPOBSIBILITY FOR ANY ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR
ALTERATION OF, USER OR MEMBER COMMUNICATIONS. VEDICSHALA IS NOT RESPONSIBLE FOR
ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES,
COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR
FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE
INTERNET OR AT ANY WEBSITES OR COMBINATION OF WEBSITES. UNDER NO CIRCUMSTANCES
WILL VEDICSHALA OR ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTIONS
PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR
DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITES OR THE SERVICE, ANY CONTENT
POSTED ON THE WEBSITES OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN
USERS OF THE WEBSITES, WHETHER ONLINE OR OFFLINE. THE VEDICSHALA PLATFORM,
WEBSITE AND THE SERVICES OFFERED AS PROVIDED “AS-IS” AND VEDICSHALA EXPRESSLY
DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. VEDISHALA CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE
WEBSITES AND/OR THE SERVICE.
IN
ADDITION TO THE CONTENTS OF THE AFOREMENTIONED CLAUSE AND ANY OTHER PARTS OF
THIS AGREEMENT, ANY ADVISE POSTED ON THE PLATFORM OF VEDICSHALA IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR
ANY PROFESSIONAL, FINANCIAL, MEDICAL, LEGAL OR OTHER ADVICE. VEDICSHALA MAKES
NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY
CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE
INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITES.
19. Limitation of Liability: INDEPENDENT OF THE
FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT
LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL VEDICSHALA BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF VEDICSHALA OR ITS PARTICIPATING
SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL VEDICSHALA’S
LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCT.
20. Force Majeure: Vedicshala shall
not be liable for any failure or delay in its performance under this Agreement
due to causes, including without limitation, an act of God, act of civil or
military authority, fire, epidemic, pandemic, flood, earthquake, riot, war,
sabotage, labor shortage or dispute, and governmental action including change
in the applicable laws (domestic and international), which are beyond its
reasonable control.
21. How We Treat Postings to
This Site: (Blog, Forum, or Chat Room).
i.
We will not treat information that you post to areas of this
site that are viewable by others (for example, to a blog, forum or chat-room)
as proprietary, private, or confidential. We have no obligation to monitor
posts to this site or to exercise any editorial control over such posts;
however, we reserve the right to review such posts and to remove any material
that, in our judgment, is not appropriate. Posting, transmitting, promoting,
using, distributing or storing content that could subject us to any legal
liability, whether in tort or otherwise, or that is in violation of any
applicable law or regulation, or otherwise contrary to commonly accepted
community standards, is prohibited, including without limitation information
and material protected by copyright, trademark, trade secret, non disclosure or
confidentiality agreements, or other intellectual property rights, and material
that violates export control laws.
ii.
We, in our sole discretion and without notice, reserve the
right, but undertake no duty, to review, edit, remove or delete any material
submitted as a comment to blog, forum or chat-room provided for display or
placed on this site. Specifically, we reserve the right to delete or decline to
post content that contains profanity; sexual content; overly graphic, disturbing
or offensive material; vulgar or abusive language; hate speech, defamatory
comments, or offensive language targeting any specific demographic; personal
attacks of any kind; spam; promotions for commercial products or services.
22. Monitoring: We reserve the right,
but not the obligation, to monitor your access and use of this site without
notification to you. We may record or log your use in a manner as set out in
our Privacy Policy that is accessible though the Privacy Policy link at the
bottom of this page.
23. Rewards Program: Vedicshala offers
unlimited usage of rewards as per defined rewards point system. We offer
rewards for referral as well as rewards on purchase of products. The reward
points only apply to purchase of products, books or courses listed on Shop .
Rewards are not available for any live consultation or courses offered.
However, we reserve the right to change the reward terms at any given point of
time for each seller/service provider as per their individual terms.
24. Consumer Rights Information:
i.
If this site charges for services, products, content, or
information, pricing information will be posted as part of the ordering process
for this site. We maintain specific contact information including an e-mail
address for notifications of complaints and for inquiries regarding pricing
policies.
ii.
You may contact us with complaints and inquiries regarding
pricing and we will investigate those matters and respond to the inquiries.
iii.
The Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs may be contacted in writing at support@vedicshala.com
25. Arbitration:
i.
It is hereby agreed and understood that any dispute related to
the terms of this agreement and interpretation and understanding of this
Agreement of any terms herein will be determined by submission to arbitration
as provided by the Arbitration and Conciliation Act, 1996, and not by a lawsuit
or resort to court process except as the Laws of India provide for judicial
review of arbitration of proceedings. Both parties to this Agreement, by
entering into it, hereby submit to the use of arbitration for resolution of
disputes arising out of this Agreement.
ii.
While a dispute is under the resolution process, the rest of the
provisions in this Agreement shall continue to hold ground and shall be
applicable. Any action, dispute or difference arising out of the terms of this
Agreement shall always be resolved through good faith negotiations between the
parties. If the dispute is not resolved within fifteen days from the initiation
of negotiations, then the parties shall proceed to arbitration in accordance
with clause i. above. The location for arbitration proceedings shall be at
Chennai and the proceedings shall be carried out in the English Language.
iii.
By agreeing to arbitration, you understand and agree that you
are waiving your rights to maintain other resolution processes, such as a court
action or administrative proceeding, to settle your disputes. Except for
actions to protect intellectual property rights and to enforce an arbitrator’s
decision hereunder, all disputes, controversies, or claims arising out of or
relating to this Agreement or a breach.
26. Miscellaneous: This Agreement
constitutes the entire understanding of the parties with respect to the subject
matter of this Agreement and merges all prior communications, representations,
and agreements. This Agreement may be modified only by a written
agreement signed by the parties. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable.
Any notice of dispute or
otherwise to be given to Us with respect to the terms of this Agreement shall be
delivered via email at info@vedicshala.com. We shall communicate with You
at the email address and other contact details provided by You in Your profile
or while filling other forms on the Platform. You hereby agree and approve the
use of electronic communication for delivery of notices or other communications
with respect to any matters in this Agreement.
Material
Modifications Since December 15, 2021.