Terms and Conditions for Ayurshakha’s Health Card
These Terms and Conditions are a legal and binding agreement between you (“the Ayurshakha Health Card owner”) and Fatho Technologies Private Ltd (herein after called as the Company/Ayurshakha). Terms and Conditions are updated from time to time at our sole discretion and the most updated version is available on the website/ application of ayurshakha. Continuous use by the user of the website and Health Card after any revisions indicates the user’s acceptance of the updated/revised Terms and Conditions. By accessing the website as well as application, you become the User and are also bound by the terms and conditions and other policies of Ayurshakha as defined herein the website. FURTHER, IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR HEALTH CARD, YOU SHALL NOT REGISTER WITH THE APPLICATION OR COMPANY’S WEBSITE AS HEALTH CARD SUBSCRIBER.
The Registration and thereafter, an access to the website/ application shall be concluded as the consent of the above-defined terms and conditions.
1. Definitions; The following words and expressions shall have the following meanings, save where the context otherwise requires:
a) "Commencement Date" shall means the date on which this Agreement is entered into or unless otherwise agreed by application submission for health Card through Ayurshakha.Com.
b) “Health Card” herein means the special code which can be combination of alphabets, figures, numeric number or shapes or can be electronic bar code, which can be either in physical or electronic form, issued by the Company to applicant or buyer of card post payment of relevant fee
c) “Territory” means the whole territory of India, including the state of Jammu and Kashmir.
d) “Products” includes Ayurvedic Products, Natural Products, Organic Products, or other products, which may or may not be of the same or related nature, that are categorized in medications, wellness, life style, organic, food and beverages, weight loss, feminine, Immune and personal care categories.
d) “Generated Sales” means those orders which converts into the final sales, with no instance of return or refund.
e) “Natural Product” A natural product is a chemical compound or substance produced by a living organism—that is, found in nature and includes any substance produced by life.
f) “Organic Product” is the product of a farming system which avoids the use of man-made fertilisers, pesticides; growth regulators and livestock feed additives.
g) “Promo Code” shall means the combination of numbers or alphabets or shapes or figures in virtual or physical mode, that may pertain the specific discount or other offers for users, as issued by the ayurshakha company.
2. Ayurshakha Health Card:
By agreeing upon these terms and conditions and the terms and conditions of the company, the subscriber herein after granted the Ayurshakha’s Health Card subscription for the duration of One year. Further, Subscriber or buyer of card undertakes to disclose the true and correct personal information and other required details to the company, while availing the Ayurshakha Health Card through its online application form. Consideration: a) The Health Card Subscriber or Buyer can purchase the products at discounted price as offered by the Company through its online platform, wherein, subscriber of health card will get an additional discount on price of products as available on the ayurshakha’s web platform b) Second Party shall pay the first party a Subscription fee of Rs.999 (Nine Hundred Ninety Nine) exclusive of goods and service tax or any other tax as applicable in the territory of nation or any revised fee as may be charged by Company. c) For any health card sold on the reference of existing health card subscriber, he or she will get a referral income or reward of Rs.200 (Two Hundred), which may be credited as shopping reward point or additional discount or shopping coupon or as communicated by the Company .Besides, Company may offer certain benefit for every profit earned through the sale of products, purchased by the customer post utilization of the ayurshakha app via code assigned to the phone franchise owner. Further, subscriber of card will get additional benefit for every purchase done through ayurshakha website on account of his or her reference.
3. The Health Card Subscriber can purchase various products at discounted price through Ayurshakha.Com, wherein, any yearly benefit proposed by company shall not be interpreted as the monetary benefit but benefit estimated on the basis of products purchased at discounts.
4. Relation Between the Parties: The nature of contract between “Subscriber of Card and company” is an Independent Contract. The Ayurshakha Health Card is merely a shopping card and shall not be interpreted as debit or credit card or any card distributing monetary benefit. Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the “Health Card owner” and subscriber of card shall not represent the Company, neither has any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
5. Force Majeure: Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, any Pandemic or disease declared as pandemic, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
6. Intellectual Property Rights: The “Company” expressly authorises the “Health Card subscriber” to use company’s trade marks/copy rights/ designs /logos and other intellectual property owned and or licensed by it for the purpose of Promotion, marketing and generating reference. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
7. Termination and effects of Termination; This agreement is valid for the period of One year and may be renewed or extended as per company terms and conditions. Further, Agreement may be terminated by the Company forthwith in the event Health Card Subscriber breaches any of the term and condition of this Agreement.
8. Jurisdiction, Governing law, Arbitration, and ex-parte Orders: This agreement is subject to exclusive jurisdiction of competent Courts of law at Chandigarh only. The laws of Republic of India, as are in force, shall be applicable to present agreement. In case of any dispute with respect to the health card, the same has to be resolved through the Arbitrator, appointed by both the parties, which mutual consent as per “The Arbitration and Conciliation Act, 1996”. The Company is entitled to obtain ex-parte ad- interim injunction orders restraining the franchise owner to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Company by the Ayurshakha’s Health Card Subscribers, its representatives, associates or assigns.