WEBSITE TERMS OF USE
This document is an electronic record in terms of Information Technology Act,
2000 and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes 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.
This document is published in accordance with the provisions of Rule 3 (1)
of the Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and Terms of Use
for access or usage of www.skytercel.com website.
The domain name www.skytercel.com (hereinafter
referred to as "Website") is owned by Tercelherbs Private Limited
a company incorporated under the Companies Act 2013 with its Corporate office at
Noida (U.P) (hereinafter referred to as "Tercelherbs").
In General
Tercelherbs Private Limited owns and operates this Website. This document governs
your relationship with Tercelherbs. Access to and use of this Website and the products
and services available through this Website (collectively, the “Services”) are subject
to the following terms, conditions and notices (the “Terms of Use”). By using the
Services, you are agreeing to all of the Terms of Use, as may be updated by us from
time to time. You should check this page regularly to take notice of any changes
we may have made to the Terms of Use.
Access to this Website is permitted on a temporary basis, and we reserve the right
to withdraw or amend the Services without notice. We will not be liable if for any
reason this Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or this entire Website.
Product disclaimer
The information about our products as available in our website is not intended to
prevent, diagnose, treat, or cure any disease. This information is intended as an
introduction to value addition in life through supplements. Our products aim at
maintaining holistic balance in body and immunity level but are no way substitute
of physicians’ diagnosis. We are not medical professionals or researchers and we
cannot prescribe what product can cure your disease. We cannot answer medical questions
to prescribe cures, treatment or to guess what is wrong with you. Consult your doctor
about your health conditions and use our supplements for value addition in life.
Any product used in excessive amounts will invite problems.
Website disclaimer
The contents of this site are only for information purpose. Users are advised to
rely on information posted herein for any purpose only after verification and confirmation
of the same from authentic and authoritative sources. Neither TERCELHERBS nor the
website developer is responsible for any consequences that may arise out of using
such information without verification / confirmation. There may be time gap in internet
/ online posting / transmission of information and availability of such information
at browsers’ end. Exact status may be confirmed from source. www.skytercel.com is
run by Tercelherbs Private Limited, _____________. We are
running this website, to promote our Business within our own network. The Payment
Gateway, which we mentioned in this website, is our official account, the money
collected from this website on behalf of the company.
Prohibitions
The services available on this website are for customers, who are interested and
have requested to become a customer with the company. Once you register as a user,
you will permit us to fill the TERCELHERBS registration form and to mention your
name where ever your signature is required.
You must not misuse this Website. You will not: commit or encourage a criminal offense;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which
is malicious, technologically harmful, in breach of confidence or in any way offensive
or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to
other users; infringe upon the rights of any other person’s proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as
“spam”; or attempt to affect the performance or functionality of any computer facilities
of or accessed through this Website. Breaching this provision would constitute a
criminal offense and TERCELHERBS will report any such breach to the relevant law
enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use
of this website or to your downloading of any material posted on it, or on any website
linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic
images) made available to you on or through this Website remains the property of
TERCELHERBS or its licensors and are protected by copyright laws and treaties around
the world. All such rights are reserved by TERCELHERBS and its licensors. You may
store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise reproduce,
in any format, any of the content or copies of the content supplied to you or which
appears on this website nor may you use any such content in connection with any
business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and confirmation
of the order price.
Dispatch times may vary according to availability and subject to any delays resulting
from postal delays or force majeure for which we will not be responsible.
In order to contract with TERCELHERBS you must be over 18 years of age. TERCELHERBS
retains the right to refuse any request made by you. If your order is accepted we
will inform you by email and we will confirm the identity of the party which you
have contracted with.
Where a contract is made with a third party TERCELHERBS is not acting as either
agent or principal and the contract is made between yourself and that third party
and will be subject to the terms of sale which they supply you. When placing an
order you undertake that all details you provide to us are true and accurate, that
you are an authorized user of the credit or debit card used to place your order
and that there are sufficient funds to cover the cost of the goods. The cost of
foreign products and services may fluctuate. All prices advertised are subject to
such changes.
- Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt
of your order: this email will only be an acknowledgement and will not constitute
acceptance of your order. A contract between us will not be formed until we send
you confirmation by e-mail that the goods which you ordered have been dispatched
to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch
will be included in the contract formed.
- Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear
on this Website are accurate, errors may occur. If we discover an error in the price
of any goods which you have ordered we will inform you of this as soon as possible
and give you the option of reconfirming your order at the correct price or cancelling
it. If we are unable to contact you we will treat the order as cancelled. If you
cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly
displayed where applicable and included in the ‘Total Cost’.
- Payment
Upon receiving your order we carry out a standard authorization check on your payment
card to ensure there are sufficient funds to fulfill the transaction. Your card
will be debited upon authorization being received. The amount received upon the
debiting of your card shall be treated as a deposit against the value of the goods
you wish to purchase. Once the goods have been dispatched and you have been sent
a confirmation email the amount paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions
or warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law, TERCELHERBS and its suppliers, content providers
and advertisers hereby expressly exclude all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity and
shall not be liable for any damages whatsoever, including but without limitation
to any direct, indirect, special, consequential, punitive or incidental damages,
or damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods and services, arising
out of or related to the use, inability to use, performance or failures of this
Website or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution, by
statute, at common law or otherwise. This does not affect TERCELHERBS’s liability
for death or personal injury arising from its negligence, fraudulent misrepresentation,
and misrepresentation as to a fundamental matter or any other liability which cannot
be excluded or limited under applicable law.
Linking of or to this Website
We do not include or offer third party products or services on our website.
Disclaimer as to ownership of trademarks, images of personalities and third-party
copyright
Except where expressly stated to the contrary all persons (including their names
and images), third party trademarks and content, services and/or locations featured
on this website are in no way associated, linked or affiliated with TERCELHERBS
and you should not rely on the existence of such a connection or affiliation. Any
trademarks/names featured on this website are owned by the respective trade mark
owners. Where a trade mark or brand name is referred to it is used solely to describe
or identify the products and services and is in no way an assertion that such products
or services are endorsed by or connected to TERCELHERBS.
Indemnity
You agree to indemnify, defend and hold harmless TERCELHERBS, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third-party claims,
liability, damages and/or costs (including, but not limited to, legal fees) arising
from your use this website or your breach of the Terms of Use.
Variation
TERCELHERBS shall have the right in its absolute discretion at any time and without
notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which
we exclude our liability to you) the enforce-ability of any other part of the Terms
of Use will not be affected all other clauses remaining in full force and effect.
So far as possible where any clause/sub-clause or part of a clause/sub-clause can
be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such
a way that closely resembles the original meaning of the clause /sub-clause as is
permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes
when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled
to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Use constitute the entire agreement of the parties and supersede
any and all preceding and contemporaneous agreements between you and TERCELHERBS.
Any waiver of any provision of the Terms of Use will be effective only if in writing
and signed by a Director of TERCELHERBS.