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This document is an electronic record in terms of Information Technology Act, 2000 and rules framed there under as applicable and the amended provisions relating to electronic records in various statutes in force as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Next Care India and Herbal Salon (hereinafter referred as Next Care India) is the owner of the domain name www.nextcareindia.com
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the Agreement) governs your use of this website, www.nextcareindia.com Next Care India offers products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Next Care India reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised terms of the agreement on this Website. Any change or revision in this agreement will be reflected with date of change or revision on the top of this agreement. The changed or revised Agreement shall be effective immediately after it is posted on this Website. Your use of the Website or the services available on the website following posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
The following disclaimers are essential for determining any relationship between You and the Next Care India for your use of any services on the website :
• Next Care India, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timelines of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
In order to use the service of Next Care India through website you may use guest login or you may create your own Next Care India account to use certain Next Care India Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. To create your Next Care India account you must be eligible to enter into contract under Indian Contract Act, 1872. “Incompetent persons” under Indian Contract Act, 1872 are not eligible for Next Care India account. Any minor i.e. a person below the age of 18 years can use the website and transact only through its legal guardians or Parent. Next Care India reserves the right to terminate your account / refuse to provide its services if it is discovered the person using the website and making transaction is an “Incompetent person” under Indian Contract Act, 1872 who cannot enter into Contract. Any person who create account with Next Care India will be called/referred to as Registered User.
USE OF PRODUCTS AND SERVICES
The products and services provided by Next Care India on this website are for personal use only. Selling or reselling of products and services obtained through Next Care India website is completely prohibited and Next Care India reserves its right to take appropriate legal action in adverse situation. Please note that we can call our customers and use their email id for calling purposes regarding order and tracking queries and for marketing campaigns.
Our products are non-returnable due to hygiene and personal care nature of the product.
However, in the unlikely event of damaged, defective or different item delivered to you, or regarding the delivery kindly contact us in 24 hrs.
FEES AND SERVICES
Membership on this website is free. Next Care India does not charge for browsing and purchasing the product from this website except for the sale price of the product, applicable taxes as per the laws of India as well as the delivery charges wherever they are applicable. If you purchase any product from Next Care India then you are obligatory to make its payment of charges as per Next Care India payment policies. If you do not make payment or refuse to make payment of charges after purchasing product or services from Next Care India then Next Care India reserves the right to annul the order or not to deliver the said product or to take measures like issuance of warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to www.nextcareindia.com and also reserves the right to take legal action which is permissible in law for recovery of the payments in case of non- payment of charges.
USE OF THE WEBSITE
By using this website You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
• You are solely responsible for your information.
• You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: –
– Belongs to some other person to which You do not have any right to.
– Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
– Harm minors in any way.
– Violates any law for the time being in force.
– Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
– Violate any right of the Next Care India or its representatives.
– You will not copy any content of this website which is the proprietary interest of Next Care India, copying of which may violates Intellectual Property Rights of Next Care India.
– You will not use the details available on the website to mislead any third person.
– You will not write anything about Next Care India on any social networking or post any of its content without the permission of Next Care India.
– You will not engage into infringement of the trade mark of Next Care India by adopting or using the mark Next Care India or any mark wherein the mark OHRIA forms one of the essential feature.
LIMITATION OF LIABILITY
In no event Next Care India be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
Generally, transactions are conducted smoothly. But in case if any issue arises then, we have a Dispute Resolution process in order to resolve disputes amicably between Buyers and Next Care India. A ‘Dispute’ can be defined as a disagreement between a Buyer and Next Care India in connection with a transaction on the Website. At www.nextcareindia.com you can register your grievance at customer care no. or you can write to us at email@example.com Next Care India will make its best possible effort to to settle the issue amicably before reaching out to the complainant and try to amicably resolve the matter prior to taking any legal recourse or defending the same.
REPORT AN INTELLECTUAL PROPERTY RIGHT VIOLATION
In the event if You believe Your intellectual property rights have been violated in any manner through the Website, please write to us at firstname.lastname@example.org Next Care India will make it best efforts to safeguard your interest. But in any case Next Care India will not be liable for violation of your Intellectual Property Right by availability of any third party goods or services which are sold on Next Care India website. Please also note that in the event of any claim of the violation of intellectual property right raised against Next Care India, then it also reserve its rights to defend the said claims wherever Next Care India deems it appropriate.
GOVERNING LAW / JURISICTIONAL ISSUE
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Next Care India shall be governed and construed in accordance with the laws of India subject to the exclusive jurisdiction of courts at Gurgaon, India.
Next Care India – GRIEVANCE OFFICER
Further, as per Rule 3(4) of the IT Rules, the Grievance Officer shall acknowledge or respond to Your communication of violation of Rule 3, by any other person, within 36 (thirty six) hours, and the complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.
In the event You have any complaints or concerns with respect to the website or our services, please contact our Customer Support Officer: email@example.com
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Next Care India and you shall have no authority to bind Next Care India in any manner whatsoever.
This Agreement sets forth the entire understanding and agreement between You and Next Care India with respect to the subject matter hereof. You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. www.nextcareindia.com may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that www.nextcareindia.com assigns the Agreement on the same terms. Next Care India reserve the right, at its sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the Site. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions.
Disclaimer: Next Care India personal care products are based on natural and Ayurvedic formulations. Despite the fact that tremendous endeavours are made and safeguards are taken to deliver the items totally alright for human use, it is conceivable that specific fixings may make hypersensitive responses for certain people or unfavourably influence people with prior ailments. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Next Care India will not be responsible or liable for any product related issues, including without limitation any allergic reactions to you on account of usage of our products. For any buys made through Nextcareindia.com, you will entitled to the conditions provided in more detail with the product packaging.