Welcome To Dravya

Welcome to Dravya- Ayurveda Yogas Herbs Minerals Database. Dravya grants you access to thousands of ingredients and products of Ayurveda and also doubles up as a digital meta-market connecting buyers and sellers of Ayurveda related products and services.

If you don't understand any of these Terms or are having trouble accessing our digital platform, please contact us by email at mail@keralaayurveda.biz or by post at IV/118, Ganapathimukku, Elamkunnapuzha P.O., Ernakulam 682503- Kerala, INDIA.

1. INTRODUCTION

2. ELIGIBILITY

3. PRIVACY POLICY

4. SERVICES AND USE OF THE DIGITAL PLATFORM

5. PAYMENT, FEES AND TAXES

1. Introduction

1. The Dravya web and mobile apps, its domains including www.dravya.app, www.dravyaonline.com, and its associated products and services are owned and operated by “Kerala Ayurveda Private Limited”, a company duly incorporated under the provisions of the Companies Act, 2013, having its CIN # L24233KL1992PLC006592 and with its registered office as, “IV/118, Ganapathimukku, Elamkunnapuzha P.O., Ernakulam 682503- Kerala, INDIA (hereinafter, referred to as “Kerala Ayurveda” or “We” or “Our” or “Us” or “Company”). The online portals and the applications (including the Android app, iOS app, web-app, and all services linked to these like the blog or forum) are collectively referred to as “Digital Platform or Platform”. “You” or “Your” or “Yourself” or “User” refer to those natural persons who have accepted these terms and registered as a user or who are merely accessing the Digital Platform as visitors.

2. These terms and conditions (“Terms”) apply to your use of our digital platforms including without limitation the Dravya app, website, products and services. Please read the terms of use carefully. By accessing, using, subscribing or registering on or accessing any material or information through the Dravya platforms you are providing an acceptance or agreement to all our policies, including terms of use, privacy policy, refund and cancellation policy, disclaimer and shall be legally bound by the same. If you do not agree with or accept any of these Terms, you should stop using Dravya platforms immediately.

3. Navigating to third-party sites or platforms through links or channels provided in the Digital platform may subject you to alternative terms and conditions of use, as may be specified on such sites. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

4. The Digital Platform primarily serves as information or knowledge portal. It provides a searchable database of ayurvedic ingredients including herbs, metals, minerals, animal products, gemstones, fungal parts and products including formulations and preparations manufactured using the above mentioned ingredients that are either mentioned in Classical Ayurvedic reference books (listed under the category ‘Classical Product' in the Platform) or formulated by Ayurvedic manufacturers and Ayurvedic pharmaceutical companies (listed under the category ‘Proprietary Product' in the Platform). The data of classical preparations are compiled directly from its original reference textbooks of Ayurveda whereas the data of Proprietary preparations are either sourced from literature provided by its manufacturer or entered directly by the manufacturer.

5. The Digital Platform is categorized as Subscription services which may require the User to Subscribe by registering and creating a login to access or use its features and content for a period of time that is stipulated by Kerala Ayurveda. The Company reserves the right to change, amend or modify the Subscription rates or duration or any policy(ies) or guideline(s) regarding the access to the Digital Platform or the terms of subscription , at any time and in its sole discretion. Please refer our Subscription Policy for details.

6. The data columns, sections, buttons or tags such as “Featured Products”, “Commercial Availability”, “Buy Now” in Our Products & Services may be sponsored sections by Manufacturers, Resellers, Pharmaceutical companies, Distributors, Shops, e-commerce platforms, Cultivators, Ayurvedic institutions, Hospitals, Clinics, Physicians or Stockists (hereinafter referred to as “Providers”). These sections may host banner ads, sponsored data or links provided by these providers or any other a third party affiliate or marketing service providers. Kerala Ayurveda will exercise to its full capacity to verify, validate and monitor these sections and its entries. Any entry or submission that is felt inappropriate by Kerala Ayurveda or reported by User may be removed after review without prior notification. However, exclusive user discretion is advised while using these sections. Kerala Ayurveda holds no responsibility whatsoever for content posted under these data columns, sections, buttons or tags or links to third party websites or apps through these data columns, sections, buttons or tags. Please refer our Advertisement Policy for details.

7. The Digital Platform also facilitates the purchase of products sold by various relevant manufacturers or offer of services by relevant individuals or organisations (hereinafter referred to as “ Services”). The arrangement between the Providers and Kerala Ayurveda shall be governed in accordance with this Terms of Use. The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Providers. To facilitate the relation between Providers and the Users through the Digital Platform, Kerala Ayurveda shall send to the Users promotional content including but not limited to emails, notifications and messages.

8. Any information entered in the Digital Platform by the Providers is subject to scrutiny and approval by the expert panel of Kerala Ayurveda. However, notwithstanding anything contained in the provisions of these Terms of use shall absolve the Providers liability of providing accurate information and further, notwithstanding anything contained in the provisions of these Terms of Use, no party shall hold Kerala Ayurveda responsible for the content so relied upon in the true faith and edited. The company may change or modify the Provider Content to suit the technical requirements or operational guidelines of Kerala Ayurveda. Please refer our Editorial Policy for details.

9. Our Digital Platform also serves as a digital marketplace that Users and Providers utilize to meet and interact for their transactions as well as for exchange of information. Kerala Ayurveda is not and cannot be a party to or serve as, except as may be provided in this document, control in any manner, any transaction between the Users and Providers.

10. Kerala Ayurveda reserves the right to change or modify these Terms of Use or any policy or guideline of the Digital Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Digital Platform. Any such changes or update shall be notified via the Platforms. Your continued use of the Digital Platform will confirm your acceptance of such changes or modifications; therefore, we recommend you to frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Digital Platform.

11. This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

i. the Indian Contract Act, 1872 (“Contract Act”);

ii. the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;

iii. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

iv. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and

v. the Consumer Protection Act, 1986.

12. Kerala Ayurveda authorizes the User to view and access the content available on the Digital Platform solely for the purposes of availing the Services, such as visiting, ordering, receiving, delivering and communicating only as per the Terms of Use. The contents on the Digital Platform including the text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains third party Provider content (“Provider Content”) as well as in-house content provided by Kerala Ayurveda (“Kerala Ayurveda Content”) (collectively, “Content”). Kerala Ayurveda Content is the property of Kerala Ayurveda and its associates and is protected under respective copyright, trademark and other laws. User shall not modify the Content or reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

13. Compliance with the Terms of Use would entitle the User to a personal, worldwide, non-exclusive, non-transferable, non-assignable, limited and revocable license to use the digital platform we provide you and transact for your own personal, non-commercial use.

14. These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. Eligibility

1. For the purposes of accessing, interacting, exchanging information and transacting through the Digital Platform, the Users are required to register and create an account, in accordance with the procedure established by Kerala Ayurveda in this regard. The user may register directly through ‘Google®' (a digital personal utilities provider). As part of the registration process, Google® may use its own authentication process with you or request your sign up to Google® first to access our digital platform. We may use the personal information like email, ID, Profile image, phone number or age obtained via Google® sign up, to identify and differentiate users, personalize or customise the platform or to improve and support the Digital platforms to serve the users better. Users may also be requested financial information like bank account number or credit card number either directly or through associated payment gateways such as “CC Avenues”, “Google Pay” or “Pay TM”, for financial transactions in the app including subscriptions. Location details may be requested for services like local market or ingredient identification.

2. The registration on or use/ access of the Digital Platform is only available to natural persons, other than those who are ‘incompetent to contract' under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Digital Platform.

3. By registering, accessing or using the Digital Platform, you accept this Terms of Use and represent and warrant to Kerala Ayurveda that you are ‘competent to contract' under the Contract Act and have the right, authority and capacity to use the Digital Platform and agree to and abide by its Terms of Use.

4. A registered ID can only be utilized by the person whose details have been provided and Kerala Ayurveda does not permit more than one person to use or share a single log in/ registration ID. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract' such as minors or persons with unsound mind, would be permitted to access and use the Digital Platform for the purposes of viewing and interacting, on behalf of such persons.

5. You agree and acknowledge that you would

a. create only one (1) account;

b. provide accurate, truthful, current and complete information when creating your account and in all their dealings through the Digital Platform;

c. maintain and promptly update your account information;

d. maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;

e. promptly notify Kerala Ayurveda if you discover or otherwise suspect any security breaches relating to the Digital Platform; and

f. take responsibility for all activities that occur under your account and accept all risk of unauthorized access.

3. Privacy Policy

1. We have duly formulated a policy on how Kerala Ayurveda collects, uses and discloses personally identifiable information from its users. The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read our full Privacy Policy.

4. Services and Use of the Digital Platform

Platform to facilitate transaction of business

1. Kerala Ayurveda provides Services through the Digital Platform for viewing information regarding ayurvedic ingredients and products as well as host services offered for sale by Providers and also by Kerala Ayurveda. You understand and agree that Kerala Ayurveda and the Digital Platform merely provide information and hosting services to its Users and persons browsing / visiting the Digital Platform. All items offered for sale (by the Providers) on the Digital Platform, and the content made available by the Providers, are third party contents other than that of what is provided exclusively by Kerala Ayurveda. Kerala Ayurveda has no control over such third party contents and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the drugs and pharmaceutical products made available by the Providers through the Digital Platform shall be sole responsibility of the Providers. The Users understand and agree that Kerala Ayurveda shall have no liability what so ever with respect to the authenticity of the products being facilitated through its Digital Platform other than that of Kerala Ayurveda products.

2. The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the products or services offered by and agreed to between the Users and the Providers and the contract for purchase of any of the products, or services, offered for sale on the Digital Platform by the Providers shall strictly be a bipartite contract between the Provider and the User.

3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Providers, and after sales services related to such goods and services. Kerala Ayurveda does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Providers.

Representation as to legal title

4. Kerala Ayurveda does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Providers on the Digital Platform. At no time shall any right, title, claim or interest in the products sold through or displayed on the Digital Platform vest with Kerala Ayurveda nor shall Kerala Ayurveda have any obligations or liabilities in respect of any transactions on the Digital Platform. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Providers, who are advertising or offering them for sale on the Digital Platform and are the ultimate Providers.

5. The Users agree and acknowledge that the Provider shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Provider does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Digital Platform by such Provider, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Digital Platform.

Non-Performance of Contract

6. The User accepts and acknowledges the following:

i. Kerala Ayurveda is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Provider for purchase and sale of goods or services offered by such Providers on the Digital Platform;

ii. Kerala Ayurveda cannot and does not guarantee that the concerned Provider will perform any transaction concluded on the Digital Platform;

iii. Provider is solely responsible for ensuring that the goods or services offered for sale on the Digital Platform are kept in stock for successful fulfilment of orders received. Consequently, Kerala Ayurveda is not responsible if the Provider does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Digital Platform at the time of placement of order by the User;

iv. Kerala Ayurveda shall not and is not required to mediate or resolve any dispute or disagreement between Users and Providers. In particular, Kerala Ayurveda does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Digital Platform;

v. Kerala Ayurveda may, at its sole discretion, suspend User's ability to use or access the Digital Platform at any time while Kerala Ayurveda investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Digital Platform in relation to such User, they can correct it themselves or contact Kerala Ayurveda immediately for such corrections. Kerala Ayurveda shall have no liability or responsibility in this regard.

Exhibition of products and publication of Content/ Information on the Digital Platform

7. The Users agree and acknowledge that the respective Providers are exhibiting Provider Content which includes catalogue of products or services, and information in relation to such products or services, on the Digital Platform.

8. The Provider Content available on the Digital Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any product being offered for sale by the Providers on the Digital Platform or any professional medical advice, diagnosis, treatment or recommendations of any kind.

9. THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

10. The Users acknowledge and agree that such Providers shall be solely responsible for ensuring that such Provider Content made available regarding the goods offered for sale on the Digital Platform, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Provider to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Kerala Ayurveda provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Digital Platform and the Users must run their own independent check. The Users agree and acknowledge that Kerala Ayurveda has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Providers on the Digital Platform. Further, it is hereby clarified that the Providers are offering Products for sale to the Users and they are responsible for procuring the appropriate licenses for the same under the Drugs Act. The Users agree and acknowledge that it shall not hold Kerala Ayurveda responsible or liable for any damages arising out of such reliance on third party user generated content by the User.

11. Kerala Ayurveda allows third party and servers, ad agencies, ad technology vendors and research firms (“Advertisers”), to serve advertisements to the Users (“Advertised Content”), which may include third party banners, badges, contextual advertising, affiliate links and content created or provided by an Advertiser (collectively referred to as "Advertisements" or "Advertising"). The Advertised Content shall be clearly demarcated and differentiated from Kerala Ayurveda Content. Kerala Ayurveda may “target” some ads to User that for a certain general profile. Kerala Ayurveda does NOT use personally identifiable information to target ads. Further, all the terms and conditions governing advertisements on the Digital Platform are governed by our Advertisement policy.

12. The Kerala Ayurveda Content is available on the Digital Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Further, the details regarding the process of generating and reviewing the Kerala Ayurveda Content is detailed in the Editorial policy.

Consulting a Registered Medical Practitioner

13. You must always consult a registered medical practitioner, as defined under the Drugs Act (“Registered Medical Practitioner”) with any questions or concerns you may have regarding the suitability of any product offered for sale by the Providers on the Digital Platform, in light of your individual needs and medical conditions. Reliance on any information appearing on the Digital Platform, whether provided by Kerala Ayurveda, its content providers, visitors to the Digital Platform or others, is solely at your own risk, and Kerala Ayurveda shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Digital Platform. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the Digital Platform, the manufacturers/ Providers from whom said content is obtained and made available on the Digital Platform shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Kerala Ayurveda shall have no liability in relation to the same.

14. The Digital Platform may use temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Kerala Ayurveda for the technical administration of the Digital Platform, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Kerala Ayurveda may allow authorized third parties to place or recognize a unique cookie on the User's browser. Kerala Ayurveda does not store personally identifiable information in the cookies.

15. Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Digital Platform. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.

NO REGISTERED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US.

Order and Delivery of Products

16. Kerala Ayurveda do not sell any third party products directly. All listings and offer for sales of products or services are provided by the Providers either directly or through affiliate links. The details, description and usage of the products and/or the transactions may be occurring in a page or platform outside Our Products & Services. Likewise, the confirmation or decline of sale, refund or delivery regarding the sale by the Provider is solely the concern of the Provider.

17. The User accepts and acknowledges that Kerala Ayurveda does not engage in the provision or distribution of the Provider or third party products or services.

18. The User further accepts and acknowledges that Kerala Ayurveda does not engage in the distribution of the concerned products or services, and if any delivery and distribution of the products / services are offered, the same are provided at the sole discretion and risk of the Provider/third party. Kerala Ayurveda assumes no responsibility whatsoever regarding the risks or rewards arising from such transaction engaged between the Provider and the user of the Digital Platform.

Compliance of Applicable Law

19. While communicating/ transacting with Providers through the Digital Platform, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes.

5. Payment, Fees and Taxes

1. The Dravya web and mobile application have two versions- The ‘Essential pack' with free registration has restricted access to the content and advanced features. The level of restriction is defined by Kerala Ayurveda and is subject to change without prior notice / notification. The ‘Professional Pack' is the full version and provides the User complete access to all its utilities. The Professional pack is available for a Subscription fee as mentioned in the ‘Subscribe' Page of the Digital Platform.

2. Kerala Ayurveda does not charge any fee from users for accessing, browsing and buying through the Digital Platform. The User agrees to make all payments related to subscriptions directly to Kerala Ayurveda or to the representatives assigned by Kerala Ayurveda for this purpose. The Providers may choose to either personally collect payment towards their services from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold Kerala Ayurveda responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Provider or the collection agents or for any actions/ omissions which are beyond the control of Kerala Ayurveda.

6. Covenants

1. You undertake that you shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that

i. belongs to another person and to which the User does not have any right; ii. 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; iii. infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party; iv. violates any law for the time being in force; v. impersonates another person; vi. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vii. is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under; viii. 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.

2. The User is also prohibited from:

i. violating or attempting to violate the integrity or security of the Digital Platform or any Kerala Ayurveda Content;

ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Digital Platform that is disruptive or competitive to the provision of Services by Kerala Ayurveda;

iii. intentionally submitting on the Digital Platform any incomplete, false or inaccurate information;

iv. making any unsolicited communications to other Users;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Digital Platform;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Digital Platform;

vii. copying or duplicating in any manner any of the Kerala Ayurveda Content or other information available from the Digital Platform;

viii. framing or hot-linking or deep-linking any Kerala Ayurveda Content.

3. Kerala Ayurveda, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Clause 6.2 above, shall be entitled to disable such information that is in contravention of Clause 6.2. Kerala Ayurveda shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Kerala Ayurveda has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

7. Liability

1. The User accepts and acknowledges that services and content offered by Kerala Ayurveda are on an “As-Is” and “As-Available” basis.

2. The User further accepts and acknowledges that Kerala Ayurveda does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Providers have legal title over the goods being offered for sale by them on the Digital Platform. Kerala Ayurveda also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Digital Platform or any of the Services offered.

3. The User further accepts and acknowledges that Kerala Ayurveda is not responsible for any content or information provided by the Providers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Digital Platform, the Services, the Kerala Ayurveda Content, representations and warranties made by the Providers or the content or information (provided by such Provider or obtained from the Manufacturers) on the Digital Platform or any opinion or suggestion given or expressed by Kerala Ayurveda or any Provider in relation to any User or Services provided by Kerala Ayurveda.

4. The Digital Platform may be linked to web pages and content of third parties, affiliates and business partners (collectively, “Third Party Content”). Kerala Ayurveda does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that Kerala Ayurveda shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Digital Platform does not imply that Kerala Ayurveda endorses the linked site. User may use the links and these services at User's own risk.

5. Kerala Ayurveda assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Digital Platform or the downloading of any material, data, text, images, video content, or audio content from the Digital Platform. If a User is dissatisfied with the Digital Platform, User's sole remedy is to discontinue using the Digital Platform.

6. The listing of Providers on the Digital Platform is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Providers on the Digital Platform.

7. To the maximum extent permitted by applicable law, Kerala Ayurveda, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Digital Platform or the content, materials and functions related thereto; (ii) User's provision of information via the Digital Platform; even if such protected entity has been advised of the possibility of such damages.

8. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Provider; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Digital Platform.

9. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from the Terms of Use or a User's use of the Digital Platform exceed an aggregate amount of Rs. 1000/- (Indian Rupees One Thousand Only). Kerala Ayurveda accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.

8. Indemnity

1. You agree to defend, indemnify and hold harmless Kerala Ayurveda, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Your access to or use of Digital Platform; (b) Your violation of the Terms of Use; (c) Your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Your conduct in connection with the Digital Platform.

9. Modification of Digital Platform

1. Kerala Ayurveda reserves the right to modify or discontinue, temporarily or permanently, the Digital Platform or any features or portions thereof without prior notice. You agree that Kerala Ayurveda will not be liable for any modification, suspension or discontinuance of the Digital Platform or any other part thereof.

10. Termination

The provisions of this Agreement shall continue to apply until terminated by either you or Kerala Ayurveda as set for below:

i. If you want to terminate this Agreement with Kerala Ayurveda, You may do so by:

a. not accessing the Digital Platform; or

b. closing your accounts for all of our Services that you use

Kerala Ayurveda reserves the right to, at any time, and with or without notice, terminate this Agreement with you if:

a. You breach any of applicable law, including but not limited to the Drugs Act and the rules issued thereunder or the provisions of this Agreements or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same); or

b. Kerala Ayurveda is unable to verify or authenticate any information provided to Kerala Ayurveda by you; or

c. Kerala Ayurveda believes, in its sole discretion, that your actions may cause legal liability for Kerala Ayurveda (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Digital Platform; or

d. Kerala Ayurveda is required to do so by law; or

e. if you fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Kerala Ayurveda to provide the Services to you; or

f. The provision of the Services to you, or to the general public, is in Kerala Ayurveda's opinion, no longer commercially viable; or

g. Kerala Ayurveda has elected to discontinue, with or without reason, access to the Digital Platform or the Services (or any part thereof).

h. Kerala Ayurveda may also terminate or suspend (temporarily or permanently) all or a portion of your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Digital Platform or with respect to the Services; and (ii) barring you from further use or access of the Digital Platform or of any of the Services.

i. Once terminated or suspended (temporarily or permanently), you shall not continue to use the Digital Platform under the same account, a different account or re-register under a new account.

j. Upon termination of this Agreement, Kerala Ayurveda shall have no obligation to maintain or provide any of your data and may thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control, including but not limited to your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside your account (or any part thereof).

k. The right to terminate/ suspend the account is in addition to, and without prejudice to, Kerala Ayurveda's right to initiate action against the User, in accordance with applicable law.

11. Force Majeure

1. The User accepts and acknowledges that Kerala Ayurveda or the Providers shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, epidemics, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the User), or any other delay or default or deficiency or failure which arises from causes beyond Kerala Ayurveda's or the Provider's reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Kerala Ayurveda or the Provider, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.

12. Governing Law and Dispute Resolution

1. This Agreement and any contractual obligation between Kerala Ayurveda and Users/user will be governed by the laws of India and any legal action or proceeding related to your access to, or use of, the Digital Platform or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Ernakulam, Kerala, India.

13. Survival

1. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

14. Severability

1. If any provision of this Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

15. Contact Information

1. If any User has any grievance, comment, question or suggestion regarding these Terms of Use, please contact us at mail@keralaayurveda.biz