Terms and Conditions for AyuTalk

Only persons who can enter into legally binding contracts under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such a transaction through their legal guardian or parents. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.

AyuTalk reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and You shall be bound by these T&C, as amended. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access and place your order. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this T&C, please press CTRL + P.

You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website. We reserve the right to block any user and permanently disable user accounts if we believe in our sole discretion that action of such user has resulted in breach of fair usage policy or T&C.

Terms of Offer: The Website offers for sale of certain products (“Products”). The Products may also include trial products and the products offered free of cost at the discretion of the Company. By placing an order for the Products through the Website, you agree to the terms and conditions set forth in this T&C. You may sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.

AyuTalk may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.

While describing our Products on our Website, we endeavour to be as accurate as possible. To the extent implied by applicable laws, we do not warrant that the Product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual Product.

Customer Solicitation: By accessing the Website or placing an order or sending any information, you are communicating with AyuTalk electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from AyuTalk periodically and as and when required We may communicate with you via e-mail, SMS, phone call, Whatsapp or by posting notices on the Website or by any other mode of communication.

All the brand names owned and licensed to AyuTalk are exclusive property of AyuTalk, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. AyuTalk has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or distributed by AyuTalk in whole or in part or in any other form whatsoever. AyuTalk also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its look and feel. No trademark is granted in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered, are the intellectual property of AyuTalk.

Tax: If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.

Your Account: You may create and hold one user account (“Account”) only. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.

If you are accessing, browsing and using the Website on someone else's behalf; you represent that you have the authority to bind that person to all the T&C herein. In the event that the person refuses to be bound as the principal to the T&C, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.

If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend or delete your account without any liability to AyuTalk.

We reserve the right to refuse service and/or terminate accounts without prior notice if the T&C are violated or if we decide, in our sole discretion, that it would be in AyuTalk's best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

The Website also offers information, both directly and through indirect links to third-party websites about nutritional and dietary supplements. AyuTalk does not always create such information and the content published on the Website; instead, the information and content are often gathered from other sources. AyuTalk does not endorse any such information or content and AyuTalk expressly disclaims any and all liability in connection with the same. AyuTalk is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content. To the extent that AyuTalk does create the content on this Website, such content is protected by intellectual property laws of India. Any unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal and non-commercial use.

We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at info@ayutalk.com.

Any links to third-party websites, if any, are provided solely as a convenience to you. AyuTalk does not endorse, affiliate, sponsor or recommend any such third-party websites. AyuTalk is not responsible or liable for the content of or any damage or loss that may result from your access to or reliance on these third-party websites. You should always read the terms and conditions and privacy policy of a third-party website before using it. If you access or use such third-party websites, you do so at your own risk.

AyuTalk is not responsible for any damages resulting from use of the Website by anyone. You will not use the Website for any illegal purposes. You will- (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property); (b) not interfere with or disrupt the use and enjoyment of the Website by other users; (c) not resell material on the Website; (d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication; and (e) not defame, harass, abuse, or disrupt other users of the Website; (f) not to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from AyuTalk or the applicable third party (if third party content is at issue).

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant AyuTalk a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, subject to AyuTalk's “Privacy Policy”. You are solely responsible for your interactions with other users of the Website and any content you post. AyuTalk is not liable for any damage or harm resulting from any posts by or interactions between the users.

Site Security: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

• a. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• c. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing";
• d. sending unsolicited email, including promotions and/or advertising of products or services; or
• e. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability;
• f. threaten the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.

Payment Method: The Payments for the Products available on the Website may be made in the following ways:

Pricing and Availability: The Prices and availability of the Products, offers and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of AyuTalk. The prices displayed at the Website are inclusive of goods and sales tax (“GST”), but do not include a delivery charge. For all orders under INR 2000 (Indian Two Thousand Only), delivery charges shall be levied depending upon the delivery location. All orders above INR 2000 (Indian Rupees Two Thousand Only) will be delivered without any delivery charges. The Prices and offers online on websites and portals other than the Website may vary from the prices displayed on the Website.

Delivery: Delivery usually takes 5-7 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on the order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. In the event, AyuTalk is unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. Please note that your order will be cancelled due to: (i) unavailability of the Product ordered; or (ii) at your instructions, in the event of failure to deliver the Product on the expected time of delivery by our delivery partners. You agree that AyuTalk shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.

Tracking Facility: Upon dispatch of the Product, you will receive a text message on your mobile number / Whatsapp with the details of the tracking number and the courier company. Orders may also be tracked, by clicking the 'My Orders' section on your My Accounts page of Website / App. The order status can be tracked after 24 hours from the time of dispatch.

• a. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal and AyuTalk Money.
• b. Cash on Delivery.

A video or telemedicine consult can never be compared to a normal in-clinic consultation where the doctor is able to physically examine the patient. You are advised to confirm the diagnosis, treatment and prescription whenever you are able to come to the hospital / clinic for a physical consultation. In case your symptoms / condition does not improve, immediately reach the nearest hospital. The consultations provided through AyuTalk are intended for informational and advisory purposes only. If you experience a medical emergency, please contact local emergency services immediately. AyuTalk is not an emergency healthcare service.

By accepting telemedicine consultation, you agree and accept that the tele-consultants / doctors and all personnel directly or indirectly involved with any part of the Telemedicine set up shall not be held responsible in the unlikely event of an error in diagnosis or management due to the occurrence of sub optimal technical conditions.

Booking Appointments for Teleconsultation: While AyuTalk will try to ensure a confirmed appointment with a medical service provider (like doctor or clinic) for a User who requested an appointment on the Website or App, AyuTalk or its Partners do not guarantee that the User will get a confirmed appointment. Further, AyuTalk and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled.

• AyuTalk or its Partners will not be liable for: any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above.
• any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself / herself available at the appointed time.
• any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of information available on the Website.
• The Appointment fee paid for such consultation is subject to refund in accordance with AyuTalk’s Cancellation Policy.

Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. AyuTalk expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content.

Without limiting the generality of the foregoing, AyuTalk makes no warranty: a. that the information provided on this Website is accurate, reliable, complete, or timely; b. that the links to third-party websites are to information that is accurate, reliable, complete, or timely; c. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein; d. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected and; e. regarding any Products purchased or obtained through the Website.

AyuTalk will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this T&C or the Products in any manner, including liabilities resulting from: (a) the use or the inability to use the Website content or Products; (b) the cost of procuring substitute the Products; (c) any Products purchased or obtained or transactions entered into; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the amount paid for the product.

Neither AyuTalk nor our affiliates, partners, or licensors will be responsible or liable for any: (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction; (d) loss or damages of any sort incurred as a result of dealings with third party links; (e) viruses, system failures or malfunctions; (f) any inaccuracies or omissions in content or; (g) events beyond the reasonable control of AyuTalk.

You will release, indemnify, defend and hold harmless AyuTalk, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of: (a) this T&C or the breach of your warranties; (b) the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary right; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to AyuTalk.

You have the right to delete your account at any time by accessing your account on AyuTalk, and under the “My Profile” section using the “Delete Account” option.

Please note: Account deletion will not be processed if any of the following conditions apply: a) There are undelivered orders associated with your account; b) Any return or refund request is pending; c) There is an outstanding balance payable against your account; d) A legal case related to your account is open.

If none of the above conditions apply, the account deletion request will be processed, and your account will be permanently deleted. If you encounter any issues during this process, please contact our support team at info@ayutalk.com.

Termination: AyuTalk reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice. On termination of an account, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.

Cessation of Operation: AyuTalk may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.

Force Majeure: AyuTalk will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, pandemic or epidemic, utility or communication failures, or any other act whatsoever beyond our reasonable control.

Governing Law and Jurisdiction: This T&C shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Uttar Pradesh. You consent to the jurisdiction and venue of courts located in State of Uttar Pradesh in connection with any action arising under this T&C.

Customer Service Desk:

Email: info@ayutalk.com

Phone Number: +91 74280 21263

Contact Days: Monday-Friday (From 10:00 AM to 7:00 PM)

By using this Website or ordering Products from this Website, you agree to be bound by this T&C.

You agree and consent to receive all communications related to our services on the mobile number provided by you to AyuTalk, even if such mobile number is registered under DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018 (“TRAI Regulations”).

Notwithstanding your registration with the National Do Not Call Registry, you hereby express your interest and accord informed consent to receive communications in relation to AyuTalk's services. You further confirm that no communication to you from AyuTalk shall be construed as Unsolicited Commercial Communication.