Terms and Conditions
THE AGREEMENT
The use of this website and the services provided by DEARLIFE EMPOWER INDIA PRIVATE LIMITED (referred to as the "Owner") are governed by the following Terms & Conditions (referred to as the "Terms of Service"). These Terms of Service, along with the Privacy Policy, are incorporated by reference and apply to your use of https://dearlife.co.in/ (referred to as the "Website"), all its pages, and any services offered on the Website (referred to as "Services"). By accessing the Website directly or through a hyperlink, and/or making a purchase from us, you engage in our "Service" and agree to abide by the Terms of Service, including any additional terms, conditions, and policies mentioned here or available through hyperlinks. These Terms of Service apply to all users of the site, including vendors, buyers, customers, merchants, browsers, and content contributors. You acknowledge and agree that the Website may collect, use, and store your personal information as described in our Privacy Policy, which explains how we collect, use, and store information about you.
DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
- Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. DEARLIFE EMPOWER INDIA PRIVATE LIMITED, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner
- You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the Website. The term "Your" shall be construed accordingly.
- Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
By accessing and using the Website, you acknowledge that you have read and thoroughly reviewed these Terms of Service, and you hereby consent to be legally bound by them. If you do not agree to abide by these Terms of Service, kindly exit the website immediately. The Owner of the Website will only grant you access and usage of its Services on the condition that you accept and comply with these Terms of Service. Moreover, depending on the Services you avail as a user, additional terms and conditions specific to those Services may apply. These additional terms and conditions shall be considered a mutually agreed-upon agreement between the users and the owner.
AGE RESTRICTION
To access this Website or any of its Services, you must be at least three (3) years old. By utilising this Website, you affirm and guarantee that you are at least three (3) years of age and have the legal capacity to consent to these Terms of Service. The Owner bears no responsibility or liability for any inaccuracies regarding your age representation.
ABOUT THE SITE
The website is an online store that engages in the sale of medicines. We reserve the right to refuse service or decline the sale of products on the website at our sole discretion, to anyone, for any reason, and at any time. The website does not screen or censor users who register and access the website. You assume all risks associated with interacting with other users whom you encounter through the website. You agree to utilise the website solely for lawful purposes, without infringing upon the rights or impeding the use of this website by any third party.
LICENSE TO USE WEBSITE
The owner may provide you with certain information resulting from your use of the Website or Services. This information may include, but is not limited to, documentation, data, or materials developed by the Owner, and other materials that may aid your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants you a non-exclusive, limited, non-transferable, and revocable licence to use the owner Materials solely in connection with your use of the Website and Services. The use of Owner Materials for any other purpose is prohibited, and this licence terminates when you cease using the Website or Services or upon the termination of these Terms of Service.
You agree not to collect contact information of other users from the Website or download or copy any information through unsolicited means for the purpose of direct communication or any other reason whatsoever. Any unauthorised use by you will result in the termination of the permission or licence granted to you by the Website. You also agree not to circumvent any measures employed by the Owner to prevent or restrict access to the Website.
INTELLECTUAL PROPERTY
You acknowledge and agree that the Website and all Services provided by the Owner are the sole property of the Owner, encompassing all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP"). You further recognize that the Owner holds complete ownership, rights, and interests in the Owner IP, and it is strictly prohibited for you to employ the Owner IP for any unlawful or infringing purposes. You expressly undertake not to replicate or disseminate the Owner IP in any manner, be it electronic or through the registration of new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without obtaining the express written consent of the Owner.
USER OBLIGATIONS
As a user of the Website or Services, you may be required to register with us. During the registration process, you will be prompted to choose a user identifier, which may be your email address or another suitable term, along with a password. Additionally, you may provide personal information, including but not limited to your name, and it is your responsibility to ensure the accuracy of such information. This identifying information is crucial for accessing and utilising the Website and Services.
You must refrain from sharing your identifying information with any third party, and in the event that you discover any compromise or unauthorised access to your identifying information, you agree to promptly notify us in writing, with email notification being an acceptable method. Safeguarding the confidentiality and security of your identifying information is your sole responsibility, and you are also obligated to inform us of any changes to such information. It is important to note that the billing information you provide, including credit card details, billing address, and other payment-related information, will be treated with the same level of confidentiality and accuracy as the rest of your identifying information.Providing false or inaccurate information, or engaging in fraudulent or unlawful activities through the use of the Website or Services, will result in immediate termination of these Terms of Service. The owner reserves the right to refuse service, terminate accounts, or modify or remove content at its sole discretion.
PAYMENT & FEES
If you choose to register for any of the paid services on this website or make a purchase of any product or service, you hereby agree to fulfil the financial obligations associated with such transactions. These monetary amounts, referred to as "Fees," will be clearly communicated to you during the account registration and/or confirmation process. The final payment amount will be presented to you just before completing the purchase.
Please note that we retain the right, at our sole discretion, to decline service or refuse to sell products on the website to any individual, for any reason, and at any given time.
ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
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You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights
- To violate any intellectual property rights of the Owner or any third party
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
- To perpetrate any fraud
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
- To publish or distribute any obscene or defamatory material
- To publish or distribute any material that incites violence, hate or discrimination towards any group
- To unlawfully gather information about others.
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You are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly.
- To violate any local, federal or international law, statute, ordinance or regulation.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
- To collect or track the personal information of others.
- To damage, disable, overburden, or impair the Website or any other party's use of the Website.
- To spam, phish, pharm, pretext, spider, crawl, or scrape for any obscene or immoral purpose.
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
- To personally threaten or has the effect of personally threatening other Users.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party)
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
COMMUNICATION
By utilising the Website in any manner, you inherently comprehend and accept these terms. In acknowledging these terms, you demonstrate your interest in accessing and acquiring the chosen services, thereby consenting to receive communications through phone or electronic records from the Website. These communications may encompass informative email messages, which inform you about the products and services offered by the Website, its affiliates, and partners, while also seeking an understanding of your specific requirements. Furthermore, communication may take place through the dissemination of notices on the Website. It is important to emphasise that the communications dispatched to you by the Website shall not be interpreted as spam or bulk messages in accordance with the prevailing laws of any country where such communication is received.
SALE OF GOODS/SERVICES
The Owner may sell goods or services or facilitate the sale of goods and services by third parties on the Website. The Owner is committed to providing accurate information about the goods and services, including detailed product descriptions and captivating images. However, the Owner cannot guarantee the absolute accuracy or reliability of any product information. You acknowledge and agree that when you purchase such products, you do so at your own risk.
SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price.We may also request additional information from you before confirming a sale, and we reserve the right to impose additional restrictions on the sale of any of our products. You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. For the sale of physical products, we may pre-authorize your credit or debit card at the time you place the order, or we may simply charge your card upon shipment. You agree to monitor your method of payment.Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following email address: info@dearlife.co.in. If you are unhappy with anything you have purchased on our website, you may refer to the return policy of our web app, We will make reimbursements for returns without undue delay, and no later than 30 days after the day we received back from you any goods supplied, or 30 days after the day you provide evidence that you have returned the goods (whichever is earlier), or if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
REVERSE ENGINEERING & SECURITY
You are obliged not to engage in any of the following actions, as they are strictly prohibited:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services
- Violate the security of the Website or Services by means of unauthorised access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.
Your adherence to these guidelines ensures the smooth functioning and integrity of the Website and Services.
DATA LOSS
The owner cannot assume responsibility for the security of your account or content. Therefore, you acknowledge and agree that your use of the Website or Services is solely at your own risk. By acknowledging these terms, you accept that any potential risks associated with your use of the Website or Services are borne entirely by you.
INDEMNIFICATION
You agree to undertake the responsibility of defending and indemnifying the owner and its affiliates (if applicable), and holding Us harmless against any and all legal claims and demands. This includes, but is not limited to, reasonable attorney's fees, that may arise from or be related to Your use or misuse of the Website or Services, your breach of these Terms of Service, or your conduct or actions. Furthermore, you agree that the owner has the right to select its own legal counsel and may choose to participate in its own defence if the Owner deems it necessary.
SPAM POLICY
You are unequivocally prohibited from engaging in any illegal spam activities on the Website or utilising any of the Owner's Services. Such activities include but are not limited to the collection of email addresses and personal information from individuals without their consent, as well as the transmission of mass commercial emails.
THIRD-PARTY LINKS & CONTENT
The Owner may, on occasion, provide links to third-party websites or other services. By using these links, You acknowledge and agree that the Owner assumes no responsibility or liability for any loss or damage that may occur as a result of Your utilisation of any third-party services linked from Our Website.
MODIFICATION & VARIATION
The Owner retains the right to modify these Terms of Service at any time without prior notice to You. You acknowledge and agree that the Owner has the authority to revise or make changes to these Terms of Service. Furthermore, you understand that all modifications are effective immediately upon being posted on the Website, and they supersede any previous versions of these Terms of Service, unless specifically referenced or incorporated into the latest modification. If any part or sub-part of these Terms of Service is deemed ineffective or invalid by a court of law, You agree that the prior version of these Terms of Service, which was in effect before the modification, shall be considered valid and enforceable to the fullest extent.
It is your responsibility to regularly monitor these Terms of Service and take note of any modifications or variations by referring to the Effective Date displayed at the top.
The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
ENTIRE AGREEMENT
This Agreement represents the comprehensive understanding between the Parties concerning all aspects of utilising this Website. It supersedes and surpasses any previous or concurrent written or verbal agreements or understandings pertaining to the utilisation of this Website.
SERVICE INTERRUPTIONS
The Owner may occasionally require interrupting Your access to the Website for maintenance or emergency services, whether on a scheduled or unscheduled basis. You acknowledge and agree that Your access to the Website might experience unforeseen or unplanned periods of downtime due to any reason. However, You expressly acknowledge that the Owner shall bear no liability for any damage or loss incurred as a consequence of such downtime.
TERM, TERMINATION & SUSPENSION
The Owner retains the right to terminate these Terms of Service with You at any time, for any reason, whether with or without cause. Specifically, the Owner reserves the right to terminate these Terms of Service if You engage in any violation of the terms set forth herein, which includes, but is not limited to, infringement upon the Owner's or a third party's intellectual property rights, failure to adhere to applicable laws or legal obligations, and/or the dissemination or distribution of illicit material. Should You have registered an account with Us, You also possess the ability to terminate these Terms of Service by contacting Us and requesting termination. Please be aware that any outstanding fees will still be owed even subsequent to the termination of Your account. Upon termination of these Terms of Service, any provisions that are inherently expected to survive termination shall remain fully valid and enforceable.
NO WARRANTIES
By accessing and utilising the Website and Services, you acknowledge that your usage is entirely at your own discretion and bears exclusive responsibility for any outcomes. The Owner explicitly disclaims all express or implied warranties, including but not limited to fitness for a specific purpose and merchantability. The Owner does not guarantee that the Website or Services will meet your requirements or operate uninterrupted, free from errors or secure. Furthermore, the Owner assumes no liability for the reliability or accuracy of information on the Website or obtained through the Services. Any harm incurred, whether to your computer system or loss of data, resulting from your use of the Website or Services is solely your responsibility, and the Owner shall not be held liable.
All information, software, products, services, and related graphics provided on this site are presented on an "as is" and "as available" basis without any warranty, either expressed or implied. The Website disclaims all warranties, including but not limited to merchantability, fitness for a specific purpose, title, and non-infringement, or arising from a course of dealing, usage, or trade practice. The suitability of the information, software, products, and services found on this Website for any purpose is not guaranteed, and the inclusion or offering of any products or services does not constitute endorsement or recommendation.
The Website does not guarantee uninterrupted, timely, secure, or error-free usage of the site. You explicitly agree that your use of the site is at your own risk, and the Website will not be held responsible for any content found on the site. Your use of information or materials from this site or obtained through the Website is entirely at your own risk, for which we shall not be liable. You are solely responsible for ensuring that any products, services, or information obtained through this website meet your specific requirements.
The Website assumes no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice provided on the Website. Any third-party information or advertisements made available on the Website are presented without modifications, and the Website cannot guarantee their accuracy or accept liability for any resulting inconsistencies. All content posted on the Website, including postings, messages, advertisements, photos, sounds, images, text, files, videos, or other materials, is the sole responsibility of the person who originated such content, and the Website does not control or assume responsibility for such content.
There may be instances where incorrect information is inadvertently published on our Website or in the Service, such as typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions at our discretion and may change or update information or cancel orders if any information in the Service or on any related website is inaccurate without prior notice, even after you have submitted your order.
We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be interpreted as indicating that all information has been modified or updated. The Website shall not be responsible for any interactions between you and other users of the Website. Under no circumstances will the Website be liable for any goods, services, resources, or content available through third-party dealings or communications, or for any harm related thereto. The Website is not obligated to intervene in any disputes between you and other users or third parties. By using the Website, you release the Website from any and all claims, demands, and damages arising from such disputes. You agree and understand that while the Website has taken reasonable measures to safeguard the Website, it cannot guarantee the invulnerability of the Website or the information provided by you against.
GENERAL PROVISIONS:
- LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
- JURISDICTION, VENUE & GOVERNING LAW: By utilising the Website or Services, You hereby consent to the application of Indian laws governing any matter or dispute arising from or related to these Terms of Service, as well as any dispute of any nature that may arise between You and the Owner, except for its conflict of law provisions. In the event that any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit exclusively to the jurisdiction of the courts at DISTRICT COURT MANJERI, India. The Parties acknowledge that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory. You hereby waive any objection to the venue, including the assertion of the doctrine of forum non-conveniens or any similar doctrine.
- SEVERABILITY: If any part or sub-part of these Terms of Service is deemed invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts shall be enforced to the fullest extent permissible. In such circumstances, the remainder of these Terms of Service shall remain in full force.
- NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, such failure shall not constitute a waiver of any future enforcement of that provision or any other provision. The waiver of any part or sub-part of these Terms of Service shall not be construed as a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: The headings of parts and subparts under these Terms of Service are provided solely for convenience and organisation. Such headings shall not affect the interpretation of any provisions within these Terms of Service.
- ELECTRONIC COMMUNICATIONS PERMITTED: Both Parties are permitted to engage in electronic communications under these Terms of Service, including email or fax. For any questions or concerns, please contact us via email at the following address: "info@dearlife.co.in."