Terms and Conditions
Eherbcart is an online service owned, operated and managed by Eherbcart. In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at customercare@ Eherbcart.com. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Eherbcart at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
2.1. The Website is a platform that facilitates the online purchase of products (“Products”) offered by Eherbcart. Eherbcart are the sellers of Products on the Website and will be solely responsible to you for the Products sold and purchased by you through the Website.
2.2. Eherbcart is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge that Eherbcart has the right to change or discontinue sale of any Product at any time, without notice. You further acknowledge that Eherbcart may add or modify the procedures, modes, processes or conditions at any time to adapt to changes that Eherbcart may make to the Products. You agree that Eherbcart shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product(s).
2.3. While availing Eherbcart, User acknowledges and agrees that information provided by Eherbcart anywhere on the Website is indicative only. In any case a User is not bound by any contract. It is recommended that the User records the price and the Product, for no further issues. Eherbcart in any case will not be held responsible for any such issues.
PLEASE NOTE: We (Eherbcart Products) under any circumstances will not have any responsibility to user or liability to user.
3.1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of this Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and/ or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
3.2. Eherbcart reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3. You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.
- User Account, Password, and Security
4.1. The services available to you through the Website only if you have provided Eherbcart certain required User information and created an account (“Account”) through Eherbcart ID and password or other log-in ID and password, including but not limited to a facebook, gmail or any other valid email ID (collectively, the “Account Information”).
4.2. The Website requires you to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Eherbcart of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Eherbcart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4.3. You may be held liable for losses incurred by Eherbcart or any other user of or Visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
4.4. The Website also allows restricted access to the services for unregistered Users.
4.5. You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the services is expressly prohibited.
4.6. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Eherbcart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eherbcart has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).
- User Obligations
5.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you access on the Website in accordance with Section 7.
5.4. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Eherbcart. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
5.5. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Eherbcart disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed under Section 17 herein.
5.6. If the Website allows you to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- d) Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- f) Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Eherbcart server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Eherbcart, including any Eherbcart Account not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- k) Conduct or forward surveys, contests, pyramid schemes or chain letters;
- l) Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- n) Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- o) Violate any applicable laws or regulations for the time being in force within or outside India;
- q) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
5.8. You agree that Eherbcart may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- Lack of authorization for any transaction/s; or
- Exceeding the preset limit mutually agreed by you and between your “Bank/s”; or
- Any payment issues arising out of the transaction; or
- Decline of transaction for any other reason/s.
Transaction of any voucher/products will take minimum of 2 working days. Eherbcart.com reserves the right to hold any transaction in case they find transaction to be suspicious.
All payments made against the purchases/services on Eherbcart.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Eherbcart.com does not accept any other form of currency with respect to the purchases.
Eherbcart will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Eherbcart reserves the right to cancel the order(s) at its discretion. An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to
7.1. bad weather.
7.2. light delays.
7.3. political disruptions.
7.4. wrong or incomplete addresses.
7.5. other unforeseen circumstances
In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.
- COUPON REDEMPTION
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned therein.
- Intellectual Property Rights
9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Eherbcart and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Eherbcart or respective third parties. You are not permitted to use the Marks without the prior written consent of Eherbcart or the third party that may own the Marks.
9.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Eherbcart Products Private Limited owns all intellectual property rights to and into the trademark “Eherbcart”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source codes, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Eherbcart or thirty party owner of such Content.
10 .Third Party Content
The Website may make available general third party information such as, product catalogues, lists of authorized dealers, and reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content may also be available to you on the email received by you from Eherbcart. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Eherbcart does not provide any guarantee with respect to any the Third Party Content and Eherbcart shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
- Shipping Policy of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EHERBCART WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EHERBCART ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 EHERBCART WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. EHERBCART HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT EHERBCART NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. EHERBCART SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, EHERBCART SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND EHERBCART’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. EHERBCART IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EHERBCART ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4. EHERBCART SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
- Indemnification and Limitation of Liability
12.3. In no event shall EHERBCART, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not EHERBCART has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website, services or materials.
12.4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13.2. You agree that EHERBCART may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Website or any products offered on or through the Website; or (4) unexpected technical issues or problems.
14.3. EHERBCART may also terminate or suspend all or a portion of your Account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Product, termination of your Account may include: (i) removal of access to all offerings within the Website or with respect to the Products; (ii) deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account (or any part thereof); and (iii) barring of further use of the services.
14.4. You agree that all terminations shall be made in EHERBCART’s sole discretion and that EHERBCART shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information), or your access to the Website.
14.6. If you or EHERBCART terminates your use of the Website, EHERBCART may delete any content or other materials relating to your use of the Website and EHERBCART will have no liability to you or any third party for doing so.
- Governing Law
- Report Abuse
18.1By accepting the Terms the User accepts that EHERBCART may send the alerts to the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User. The User acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get/ get after delay any alerts sent during such period.
EHERBCART will make best efforts to provide the sale of Products and it shall be deemed that the User shall have received the information sent from EHERBCART as an alert on the mobile phone number provided during the course of order and EHERBCART shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold EHERBCART liable for non-availability of the service in any manner whatsoever.
The User acknowledges that the SMS service provided by EHERBCART is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the User observes any error in the information provided in the alert, EHERBCART shall be immediately informed about the same by the User and EHERBCART will make best possible efforts to rectify the error as early as possible. The User shall not hold EHERBCART liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility. The User acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. EHERBCART shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
The User agrees to indemnify and hold harmless EHERBCART and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which EHERBCART and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the User, (ii) the User providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the User receiving any message relating to the order number, booking confirmation, modification to a order, cancellation of order, change in delivery schedule, delay, and/or rescheduling from EHERBCART and/or the SMS service provider.
User also agrees to receive information regarding what EHERBCART perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the User does not want such information, they have to explicitly ask to be excluded.
By accepting the terms and conditions the User acknowledges and agrees that EHERBCART may call the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User, for the purpose of collecting feedback from the User regarding their order.
Grievances and claims related to the order should be reported to EHERBCART support team within fifteen (15) days of your order date.
18.2. A User can unsubscribe/ opt-out from receiving communications from EHERBCART.
- General Provisions
- Copyrights and Trademarks
- Use of Site
You understand that except for information, products or services clearly indicated as being supplied by the EHERBCART, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that EHERBCART cannot and does not guarantee or warrant that files available for downloading through the Website will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
- Modification of this Agreement
OWNERSHIP OF RIGHTS:
Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of EHERBCART. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by EHERBCART or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.