This document constitutes an electronic record in accordance with the Information Technology Act, 2000 (“IT Act”) and the rules issued under it, as applicable. It also complies with the provisions relating to electronic records in various statutes, as amended by the IT Act. This document is published in accordance with the applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, which require the publication of rules and regulations, privacy policy, and terms and conditions for accessing or using the website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please carefully read these Terms and Conditions (“T&C”). By accessing, browsing, using the website https://www.youraurasecrets.com/ or any other website, mobile version of the website, or mobile application (collectively referred to as the “Website”) or purchasing any products of Medarth Biotech Private Limited (referred to as the “Company” or “us” or “we”), including the persons who browse or order the product, you agree to be bound by all the T&C mentioned below.
Only individuals who can enter into a legally binding contract under the Indian Contract Act, 1872 can use the Website and/or make transactions on the Website. Any minor who wishes to use or access the Website is required to conduct such transactions through their legal guardian or parents. If you represent a company, partnership firm, or sole proprietorship, you are eligible to access and use the Website to conduct transactions on its behalf only if you have been duly authorized by necessary corporate action, as prescribed by law and/or 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 the Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and 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, 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 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 knowing and adhering to all laws, rules, and regulations related to your use of the Website.
PRODUCTS Terms of Offer: The Website offers certain products (“Products”) for sale. The Products may include trial products and products offered free of cost. By placing an order for the Products through the Website, you agree to the terms and conditions set forth in this T&C. The Products described on the Website, including any samples provided, are for personal use only. Unless otherwise agreed, you may not sell or resell any of the Products or samples. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you if we believe, in our sole discretion, that it may violate our T&C.
The Company may change, suspend, or discontinue the availability of any of the Products at any time without notice or liability. You acknowledge that the price payable for the Product or any service may be subject to change without notice or liability.
While describing our Products on the Website, we strive to be as accurate as possible. However, 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 the 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, placing an order, or providing 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 email, SMS, phone call, posting notices on the Website, or any other mode of communication.
At any point in time, you have the right to withdraw your consent by following the opt-out procedure stated below.
Opt-Out Procedure: We provide 3 easy ways to opt out of future Customer Solicitations.
You may use the opt-out link in any email solicitation you may receive. You may also choose to opt-out by sending an email to operations@youraurasecrets.com
Proprietary Rights: All brand names owned and licensed to the Company are the exclusive property of the Company, its affiliates, partners, or licensors and are protected by Indian laws, including laws governing all applicable forms of intellectual property. The Company has proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, republish, resell, or redistribute any Product manufactured and/or distributed by the Company, in whole or in part, or in any other form whatsoever. The Company also has rights to all trademarks, trade dress, and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software, and other materials that appear on the Website, including its look and feel. No trademark is granted in connection with the Products or the materials contained on the Website. 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 Company’s intellectual property.
Tax: If you purchase any Products, you will be responsible for paying any applicable taxes related to such purchase.
WEBSITE Your Account: You may create and hold only one user account (“Account”). You will be responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide is not confidential or proprietary and does not infringe upon any rights of a third party. Each Account is non-transferable and may not be sold, traded, combined, or 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. In the event that 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.
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 find a breach or suspected breach of the security of your Account, we may require you to change your password or 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 content that you upload, post, email, or otherwise transmit via the Website. The information provided to us will be maintained in accordance with 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 may also offer information, directly or through indirect links to third-party websites, about nutritional and dietary supplements. The Company does not always create such information and content on the Website; the information and content are often gathered from other sources. The Company does not endorse any such information or content and expressly disclaims any and all liability in connection with the same. The Company is not responsible or liable for the information, 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 the 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. If you believe that your work has been copied in a way that constitutes copyright infringement, you can write to us at operations@youraurasecrets.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 a third-party website’s terms and conditions and privacy policy 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. (e) Not defame, harass, abuse, or disrupt other users of the Website. (f) Not engage in any action that is harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, relating to or encouraging money laundering or gambling, trolling, propaganda, or any other unlawful action.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website for 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 does not have the ability to control the nature of 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 posts or user interactions. The Company reserves the right but has no obligation, to monitor interactions between users of the Website and to remove any content deemed objectionable. Under no circumstances will the Company be liable for any user-generated content, including any errors or omissions in such content or any loss or damage incurred as a result of the use of 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:
(a) Accessing data not intended for you or logging onto a server or an account that you are not authorized to access. (b) Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. (c) Attempting to interfere with service to any other user, host, or network, including “flooding,” “spamming,” “mail bombing,” or “crashing.” (d) Sending unsolicited emails, including promotions and/or advertising of products or services. (e) 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 and may be considered a threat to the unity, integrity, defense, security, or sovereignty of India, public order, or the prevention of investigation of any offense.
Payment Method: Payments for the Products available on the Website may be made in the following ways:
- Credit Cards
- Debit Cards
- Net Banking
- Wallets
- UPI
- QR
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 Company’s sole discretion. The prices displayed on the Website are inclusive of goods and sales tax (“GST”) but do not include a delivery charge.
Delivery: For orders containing multiple Products, the delivery may be made in multiple shipments. Delivery usually takes 7-10 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines will be available on the order details page. The estimated delivery times are indicative, and unforeseeable delays may be beyond our control. If the Company cannot deliver the Product within the estimated delivery date for any reason, you will be notified by email of the reason for such delay. You will have the right to cancel the ordered Product or wait for the Product to be delivered. Please note that your order will be canceled due to:
(a) Unavailability of the Product ordered, or (b) 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.
Tracking Facility: Upon dispatch of the Product, you will receive an email with the tracking number details and the courier company. Orders may also be tracked by clicking the “Your orders” option on your My Accounts page. The order status can be tracked after 24 hours from the time of dispatch.
DISCLAIMER OF WARRANTIES Your use of the Website and/or Products is 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 with respect to 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:
(a) That the information provided on this Website is accurate, reliable, complete, or timely. (b) That the links to third-party websites provide accurate, reliable, complete, or timely information. (c) That no advice or information obtained from this Website will create any warranty not expressly stated herein. (d) The results that may be obtained from the use of the Products will be accurate or reliable, or any defects in the Products will be corrected. (e) Regarding any Products purchased or obtained through the Website. (f) That the inclusion of any Products or offers on the Website at a particular time implies or warrants their availability at any time.
The Company reserves 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. Furthermore, 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 use the Website.
LIMITATION OF LIABILITY The Company takes no liability or exclusive remedy, in law, equity, or otherwise, with respect to 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 inability to use the Website content, products, or allied services. (b) The cost of procuring substitute Products or content. (c) Any Products purchased or obtained or transactions entered into through the Website. (d) Any lost profits you allege, even if we have been advised of the possibility of such damages.
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, 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, misdelivery, 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 may occur in connection with your use of the Website, including during hyperlinks. (f) Any inaccuracies or omissions in content. (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.
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 right of any person or entity. (e) Your violation of any provision of this T&C. (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’s 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.
PRIVACY The Company strongly believes in protecting user privacy and providing you with notice of the Company’s use of data. Please refer to the Company’s privacy policy, which is incorporated by reference herein and is available on the Website.
GENERAL Force Majeure: The Company will not be deemed in default or held responsible for any cessation, interruption, or delay in the performance of its obligations due to force majeure events. Force majeure events include earthquakes, storms, natural disasters, acts 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.
Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice or liability, cease the operation of the Website and/or Products or any part thereof, temporarily or permanently, for any reason, including without limitation, for repairs, planned maintenance, upgrades, or system or network failures.
No Waiver: Our failure to enforce any part of this T&C shall not constitute a waiver of our right to enforce that later or any other part of this T&C. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this T&C to be binding, we must provide you with written notice of such waiver.
Severability: If any part of this T&C is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this T&C shall continue in effect.
Governing Law and Jurisdiction: This T&C and all matters arising out of or relating to this T&C shall be governed by the laws of India, without regard to its conflict of laws principles. Any legal action or proceeding relating to this T&C shall be instituted exclusively in the courts located in Gurgaon, Haryana, and you agree to submit to the personal jurisdiction of such courts.
Contact Information: If you have any questions or concerns about these T&C, please contact us at operations@youraurasecrets.com
Entire Agreement: This T&C, together with the Privacy Policy and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website and the Products. If any provision of this T&C is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this T&C, which shall remain in full force and effect.