TERMS OF SERVICE (ToS)

CUREGARDEN.IN validly assume that you have read, understood and agreed to this Terms of Service (ToS) prior to and on availing the services. You shall not register or utilise the Services provided by Curegarden.in if You do not agree with any of the terms in this ToS. Your availing of our Services including usage of the Website, placement of any product order from our Website shall be deemed acceptance. A legally valid contract is executed between You and Curegarden.in once You agree to the ToS by clicking “I Agree” and You shall be bound by these terms until termination.

1. INTRODUCTION

  1.  www.curegarden.in (Website), and the products offered on sale on this Website are owned by Livlong Nutraceuticals Limited, a Company incorporated under the Indian Companies Act, 2013 with its registered office located at Desom. P.O Aluva Ernakulam – 683 1012, Kerala India. Curegarden.in is a leading online retailer of health products. This Website is designed to provide a convenient, private and informative retail experience for consumers to purchase products essential for maintenance of good health and for prevention of future illness. Accessible 24 hours a day, 7 days a week, the curegarden.in online store offers an easy and convenient method of ordering high quality botanical extracts online, along with a wealth of health-related information.
  2. In this document, the terms “Website”, “Curegarden.in”, “We”, “Us”, or “Our” shall mean to denote Livlong Nutraceuticals Limited. The terms “You”, “User”, “Customer” shall mean any individual, natural or legal person accessing www.curegarden.in and/or using the services  provided by the Website.

2. APPLICABILITY

  1. When you access www.curegarden.in and/or purchase any of the products made available at our Website, you hereby agree that you are bound by the following terms and conditions enumerated in this ToS including the policies if any, which are incorporated herein by way of reference, by clicking the “I Agree” Button. You may not access the Website or avail of any of the services provided by us in the eventuality of you not agreeing to these terms.
  2. We reserve the right, at our sole discretion, to modify, change, add or remove any portions of these Terms of Service at any time by providing a general notification on the Website. It is your responsibility to review the Terms of Service periodically for any update, changes or modification. Your continuous
    use/access of the Website subsequent to any modification of the Terms of Service will be deemed as your acceptance to such modifications.

3. REGISTRATION

  1. Registration is not mandatory. You may browse through the contents or purchase the products on sale on the Website, logged in as a guest without registration. However, to purchase a product, you shall be required to register by providing your full name, phone number, email Id and your physical address to enable us to deliver the product(s) to you. We may provide additional services like promotional offers, customized offers etc., upon registration.
  2. To Register, you should be competent to enter into a valid contract as per the Indian Contract Act, 1872. Persons who are ‘incompetent’ to contract, including minors, undischarged insolvents, insane persons etc are not eligible to enter this website or utilise the services. If you are a minor (less than 18 years of age) and wish to use the services provided by the website, you shall request the help of your parent/guardian.
  3. For the purpose of registration, you may be required to provide details including personal information for completing your “profile” which is purely voluntary. You shall provide true and accurate information for the purpose of registration and shall not provide any false or misleading information. You shall not use the identity/information of any other person other than yourself. We shall not be responsible for delivery of your products if the details provided by you are incomplete or incorrect.
  4. We reserve the right to block your access to our Website and services and terminate your account if it is suspected that any of the information you have provided is not true, including but not restricted to your name, age, sex, address etc.
  5. You shall be solely responsible for the safekeeping of the username and password allotted to you during registration. The Website will not be liable in the eventuality of your account being misused by a third party. You are advised to keep your username and password safe and not to reveal it to any other person. You shall immediately notify us if you believe your Website credentials has been misused unauthorizedly or there is any other security breach involved.
  6. Your account information will remain confidential. Any and all information you provide to us will be dealt with in accordance with our Privacy Policy. Please refer to our Privacy Policy for information on how we store and use your personal information.

4. PRODUCTS

  1. This website intents to provide a platform for display and purchase of the product(s) manufactured by and under the brand Curegarden.
  2. For purchase of any products available on the website, you shall utilise the payment gateway service made available for making payments.
  3. Upon confirmation of payment receipt, your goods shall be shipped to your addresses provided herein. We use third party logistics services and the delivery may depend on various factors including the availability of service at your location. We shall not be responsible for any delay in delivery. You shall be bound by the terms and conditions of our logistics partner which can be viewed here.
  4. Orders are usually processed and picked up within 48 hours and our shipment services work on all working days (Monday to Friday) except on public holidays, however the same cannot be guaranteed. We shall not be responsible for non-delivery or delays caused due to incorrect/insufficient address provided by you. Our executives shall strive to contact you in case of an unforeseen delay. In the event our logistics partner finds that there is no one at the address at the time of attempted delivery, we shall carry out a second attempt within a reasonable time. If the second attempt is unsuccessful, the product shall be returned to our warehouse and we shall deduct transportation charges from you.
  5. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Curegarden.in reserves the right at any time after receipt of your order to accept or decline your order for any reason. Curegarden.in reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.
  6. In case you are regularly using our product, you may opt for a subscription for the same. To know more about our subscription and loyalty programs, please go to our FAQ page

5. CANCELLATION, REFUND AND RETURN POLICY

  1. Cancellation: you may cancel you order at any time before the logistic partner picks up the product for delivery. Once your item is picked up, no cancellation shall be entertained. You can track the status of order process via Shipment Tracker.
  2. Return: you may initiate a return if the item delivered to you differs from the item you had ordered or in the event the product is damaged/unsealed when delivered. In such cases, we would be providing you with a replacement free of charge, provided the original item is returned to us in the exact condition and the return initialised within 24 hours of delivery. However, a refund will not be allowed in such circumstances. You can contact our customer care for initiating return/replacement and our logistics partner shall pick up the product once return is approved. Approval of Return/replacement shall be at
    the sole discretion of curegarden.in.
  3. Refund: In the event a product is undelivered due to any reason, or if the delivered quantity is less than what was ordered as contemplated in clause 4.5 , we may initiate a refund/ proportionate refund as the case may be. In the event of undelivered product, we shall deduct standard delivery charges on the refund amount. Once initiated, the refund shall be effected within a period of 3-7 working days usually. The refund amount shall be credited to the source. i.e, if you had made payment from you bank account, the amount shall be credited to the same account. However, if payment was effected through credit card, the amount shall be credited to the particular card. Approval of refund shall be at the sole discretion of Livlong Nutraceuticals Limited.
  4. Except as provided in clauses 5.2 & 5.3 above , no claims for return or refunds shall be entertained. Your sole remedy for delivery of incorrect/damaged product(s), is to request a replacement, provided such request has been made within a period of 24 hours of delivery of the product(s). For replacement to be effected, it is mandatory that you shall hand over to our logistics partner, the defective/damaged/ incorrect product you had received.

6. PAYMENT

  1. Payments can be made online. We accept debit/credit cards, online bank transactions, UPI payment and in select areas, we also accept cash on delivery.
  2. Online payments are facilitated through third party payment aggregator. We have onboarded Cashfree Payments India Private Limited, as our payment aggregator. On utilising the payment services, you shall be bound by the terms and conditions of Cashfree Payments India Private Limited  available at cash free payments website.
  3. For all transaction related errors, including but not limited to amount wrongly debited, please contact your bank or the payment aggregator directly. We shall not be liable for any payment transaction related issues. We do not store your bank, card or any transaction details. For details on how the payment aggregator uses or stores such information, please read their terms and privacy policy.

7. USER RESPONSIBILITY & OBLIGATIONS

  1. You shall be solely responsible for providing the correct information regarding your personal details. We shall not be responsible for any delay/ non-delivery of the product(s) due to incorrect details.
  2. The Website may provides you a facility to direct queries to our health experts. We shall endeavor to answer your queries within a reasonable period of time (3 -5 days). however, you understand and acknowledge that such answers cannot be a substitute for proper health check up and advice of a registered medical practitioner.
  3. You hereby unconditionally agree that you will not post or transmit, or let a third party post or transmit, through you :
    1. any contents or materials containing profanity;
    2. any contents or materials which are false, inaccurate or misleading;
    3. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
    4. contents that contain cyber bullying, spams, junk or other related material;
    5. any false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
    6. any contents or material which may infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;
    7. contents that violates or infringes the privacy or publicity or other rights of any party;
    8. materials or contents that violates copyright, trademark, or other intellectual property rights;
    9. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
    10. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity and integrity of India;
    11. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
    12. any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading the our technical infrastructure;
  4. You hereby unconditionally agree that You shall use this website only for legal and legitimate purposes and in compliance with this ToS.
  5. You shall not, while utilising the Services:
    1. Access, tamper with, penetrate or use – Our servers, computers, (including those of our 3rd party service providers).
    2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    3. interfere with, or disrupt, (or attempt to do so), the access of any other user, or other customers/clients of curegarden.in including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the website, or by scripting the creation of review contents in
      such a manner as to interfere with or create an undue burden on the website.
  6. We reserve the right to block you from accessing the Website or its services at our sole discretion.

8. INTELLECTUAL PROPERTIES

  1. Livlong Nutraceutical Limited shall be the sole and exclusive owner of the brand Caregarden and www.caregarden.in, the products featured in the Website and its services. Intellectual Property rights if any, of any third party service utilized remains with its respective owners. You shall not under any circumstances raise or have any claim to any intellectual property rights in any part of the Services. You shall not have any claims on the contents you posted and the manner in which it is displayed on the website. You shall not misuse or use the trademarks and copyrights of Livlong Nutraceutical Limited or third party trademarks without proper written authorisation.
  2. All trademarks, logos, and service marks displayed on www.caregarden.in are owned by Livlong Nutraceutical Limited and/or third parties who have authorized their use (“Trademarks”) and You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials contained on our Website are copyrighted except where explicitly excluded otherwise. In the event of any violation of the intellectual property rights of Livlong Nutraceutical Limited, the same shall be viewed seriously and We reserve our rights to initiate appropriate legal action including criminal prosecution.
  3. All rights pertaining to the contents once uploaded in the website shall be owned by us however you shall be regarded as the author of the contents and you unconditionally assign the same to us. You will be solely responsible for your contents, however the rights in display and arrangement shall be owned by Us. It shall be your responsibility that your contents must not infringe applicable laws or regulations or breach any of the terms in this ToS.
  4. We shall not be liable for any claims whatsoever with respect to any contents.

9. DISCLAIMERS AND WARRANTY

  1. You expressly agree that use of this website and services are at your own risk. We do not warrant that this website will be uninterrupted or error free; nor do we make any warranty as to the results that may obtain from use of this site, or as to the accuracy or liability of any information or service provided through this site. Except for the specific warranty provided on the product label we do not make any claims or warranties as to the products displayed for sale on this website including but not limited to their suitability, effectiveness, etc.
  2. ALL INFORMATION PROVIDED IN THIS WEBSITE HAS NO WARRANTY WHATSOEVER. INFORMATION AND STATEMENTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. NO WARRANTY IS MADE THAT ANY INFORMATION ON OR LINKED TO THIS WEBSITE IS COMPLETE AND/OR ACCURATE. ALL INFORMATION CONTAINED ON THE SITE, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS FOR INFORMATIONAL PURPOSES ONLY. IT IS OFTEN PRESENTED IN SUMMARY OR AGGREGATE FORM. PROFESSIONAL ADVICE IS REQUIRED FOR EACH PARTICULAR ILLNESS, DISEASE, INFECTION, INJURY OR OTHER MEDICAL CONDITION AND FOR DOSAGES OF THE BOTANICAL EXTRACTS SUPPLIED VIA THIS SITE. THIS INFORMATION IS NOT TO BE TAKEN AS ANY SORT OF MEDICAL ADVICE WHATSOEVER. YOU TAKE FULL AND TOTAL RESPONSIBILITY FOR WHAT YOU DO WITH THIS INFORMATION, AND ANY RESULTING OUTCOMES FROM YOUR ACTIONS.
  3. THE INFORMATION CONTAINED IN THIS WEBSITE OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABELS IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. OUR PRODUCT(S) MAY NOT BE SUITABLE (AND COULD BE HARMFUL) IF YOU HAVE A PARTICULAR HEALTH CONDITION OR IF YOU ARE ON CERTAIN MEDICATIONS. ALWAYS SEEK THE ADVICE OF YOUR PHARMACIST, REGISTERED
    MEDICAL PRACTITIONER, OR QUALIFIED HEALTH PROVIDER WHEN STARTING ANY NEW MEDICAL TREATMENT, CONTINUING WITH MEDICAL TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOURS OR ANY OTHER PARTYS MEDICAL CONDITION. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
  4. This disclaimer applies to all liabilities in case of any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or delivery of products computer virus or such malicious codes, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site whether for breach of contract, tortious behaviour (including strict liability), negligence or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
  5. You hereby acknowledge that we shall not be held liable for any act, omission, negligence, misconduct or failure of performance of any of the third-party service providers we utilize to bring you the service including but not limited to third party servers, payment gateways, logistics service etc.

10. DATA COLLECTION & PRIVACY

You may refer to our Privacy Policy to get a better understanding of the
collection and storage of your personal data by our Website.

11. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Livlong Nutraceutical Limited and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of the service and for violation of any of the provisions of this ToS, or from your placement or transmission of any materials or content onto our ( or our service provider’s) servers. Such liabilities may include, but are not limited to, those arising from the following: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; and/or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (iv) any damage or destruction to our scripts/servers/equipment or to any of Our clients, which damage is caused by or otherwise results from your acts or omissions including those of your designates and authorised personnel; (v) any personal injury or property damage arising out of your activities related to the services; and (vi) any other damage arising from action, inaction or negligence.

12. LIMITATION OF LIABILITY

  1. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if the We were advised of their possibility.
  2. It is hereby made clear that our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this ToS and any other agreement with You relating to the services or based on any claim for indemnity or contribution shall be limited to the value of product(s) purchased by you as per the latest invoice from our website.

13. MODIFICATION

We hereby reserve the rights to modify or update any of the terms of this ToS without a direct intimation to You. However, We may exhibit a general notification on the Website to that effect. You are required to periodically check the ToS for any changes or modifications. Such modifications shall be applicable within a period of 5 days from the date of the notification.

14. DISPUTE REDRESSAL

  1. Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996.
  2. The sole Arbitrator shall be appointed by Arjuna Naturals Private Limited.
  3. The venue of such Arbitration shall be Kochi, Kerala and language of Arbitration shall be English.
  4. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.

15. JURISDICTION

This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement. The Courts in Ernakulam district, Kerala will have the exclusive jurisdiction to govern the provisions of this ToS.