Terms of service

OVERVIEW
This website is operated by Poshan Health. Throughout the site, the terms “we”, “us” and “our” refer to Poshan Health. Poshan Health offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Poshan Health, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Poshan Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at poshanhealthpartner@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
poshanhealthpartner@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]

Welcome to Poshan! These Terms and Conditions govern your use of our website, products, and services. By accessing or using our website and purchasing our products, you agree to abide by these terms.

Product Information

    1. Our health supplement products are provided for informational and educational purposes only.

    2. The information on our website and product labels is not intended to diagnose, treat, cure, or prevent any disease.

    3. Consult with a healthcare professional before using any of our dietary supplements.

    4. The effects and results that can be attained by using our products are all based on clinically studied benefits of each ingredient. 

    5. Each user could experience different results and benefits from using the health supplements since results are bio-individual.

    No Medical Advice

      1.  The information provided by Poshan is not intended as a substitute for professional medical advice.

      2. It is essential to consult with a qualified healthcare professional for personalized medical guidance. We strongly recommend that you consult with your doctor before beginning any dietary or exercise program and supplement particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant etc. 

      3. We are not a licensed nutritionist/ dietician or medical care provider. We have no expertise in diagnosing, examining or treating medical conditions of any kind.  

      4. The contents of the App and website including text, graphics, images, video, opinions, information and other material (“Content”) are for informational purposes only and we do not encourage any certain parameters for a healthy or fit lifestyle. We understand that a healthy and nutritious diet varies with different people and therefore, it is the sole discretion of the user to make use of the services provided on the App, depending on their individual requirements. 

      5. Recipes and meal plans and health supplements are not formulated to treat any nutrient deficiencies, allergies or any other health problems. Please contact your doctor prior to purchasing if you are unsure whether this service is suitable for your dietary needs. 

      6. Recipes and meal plans and health supplements are not formulated to suit the nutritional needs of pregnant or breastfeeding women. We would strongly recommend our pregnant/ breast feeding users to consult their doctors prior to using the website.

      7. We attempt to display the Content, including ingredients, allergens and nutritional information as accurately as possible. However, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING FROM YOUR RELIANCE THEREON. 

      8. If you have any concerns or questions regarding your health or your personal needs you should always contact your doctor or physician. Always seek medical advice for any questions regarding a medical condition. If you think you may have a medical emergency, call your doctor or emergency services immediately. 

      9. The website makes no representations or warranties about the accuracy or suitability of the products or benefits and information provided on the website. Without limitation this extends to any market research or commentary contained on the website. 

      10. The content of our website is not intended to replace or be a substitute for professional medical advice diagnosis or treatment.

      11. Reliance on any Content or other information provided by the website or other contributors appearing on the website is solely at the user’s own risk. Any person accessing the website should exercise their own care, skill and diligence with respect to the use of the Content on the website.

      12. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. User agrees and understands that any and all contents and/or information contained on the website, including but not limited to health advice, nutritional and/or exercise information is being provided solely for informational purposes. In addition, the website is not monitored and/or controlled in any way by medical professionals.

      Ordering and Payment

      1. By placing an order, you confirm that you are at least 18 years old and capable of entering into a legally binding agreement.

      2. You agree to provide accurate and complete information during the order process.

      3.Payments are processed securely through our designated payment gateway.

      Shipping and Delivery

        1.  We strive to process and ship orders promptly. However, delivery times may vary.

        2. Shipping fees, if applicable, are disclosed during the checkout process.

        3. We are not responsible for delays or issues caused by third-party shipping carriers.

        Returns and Refunds

          1.  Returns are accepted for defective, damaged, or expired products. See our Return and Refund Policy for detailed information.

          2. The customer is responsible for returning products in mint condition for a return or replacement.

          Privacy

            1.  We respect your privacy and handle your personal information according to our Privacy Policy.

            2. By using our website, you consent to the collection and use of your information as outlined in the Privacy Policy.

            Account

            1. Prior to using our services, you may need to create an account with us.

              b. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy.

              c. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.

              d. All information provided to us in the Account Creation process must be true and correct.

              e. Users may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.

              f. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting us at poshanhealthpartner@gmail.com

            Intellectual Property

              1.  “Poshan” Product names, logos or slogans that may websiteear on the website are trademarks of the website and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta-tags or other “hidden text” utilising any trademark or service in the name of the website without our prior written permission.

              2. All other trademarks, registered trademarks and company names or logos mentioned on the website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the websitelicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the website.

              Indemnity

              1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.

              2. You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our products.

              Conditions of Use

              You must not:

              a. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the website or transfer any part of the website or any content of the website.
              b. Do anything that may place an unreasonably or disproportionately large load on the website. You must not do anything that disrupts the functions or connected networks of the website.
              c. Make any modifications to the website without proper authorisation in writing from us.
              d. Test, scan or circumvent the security of the website.
              e. Use the website or any content in any way which breaches the rights of Poshan or any third party.
              f. Use the account of another User or impersonate another User when using this website.
              g. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the website for any reason; and
              h. Use any method to autonomously create accounts by any means under fraudulent pretenses.

              i. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right. If you have any query regarding your account or subscription please contact us at poshanhealthpartner@gmail.com

              Governing Law

              1. These Conditions will be construed and will take effect according to the laws of India and the respective rights, liabilities and obligations of the parties will be governed by the law of India.

                b. The User and Poshan agree to submit to the exclusive jurisdiction of the courts of Delhi, India.

              Severability

              1. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:

                a.1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and

                a.2. The parties must attempt to renegotiate that part in good faith.

              Prohibited Activities:

                1.  You agree not to engage in any unlawful or prohibited activities on our website.

                2. This includes, but is not limited to, unauthorized access, distribution of harmful content, and violation of intellectual property rights.

                Disclaimer of Warranties:

                1. Our products are provided "as is" without any warranty, either express or implied.

                2. We do not guarantee the accuracy, completeness, or reliability of information on our website.

                Limitation of Liability:

                1. Poshan and its affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use our products or website.

                Changes to Terms and Conditions:

                  1.  We reserve the right to update or modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Please review these Conditions frequently and before using our Services. If we make material changes to these Conditions, we will notify you here that it has been updated.

                    b. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell our services to you.

                  Miscellaneous

                  1. These Terms constitute the entire agreement between you and Poshan website relating to your access to and use of the website and use of the Services.

                    b. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Poshan website’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

                    c. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

                  Contact Information:

                    If you have any questions or concerns about these Terms and Conditions, please contact us at poshanhealthpartner@gmail.com

                    Thank you for choosing Poshan. We websitereciate your trust and commitment to our products and services.