Terms of Use

PickHerbal.com (hereinafter also referred as "Website") is owned and operated by Herbalife Independent Distributor.

 

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to this website for such transaction. By mere use of the website, you shall be contracting with PickHerbal.com and these terms and conditions including the policies constitute your binding obligations with PickHerbal.com.

 

When you use any of the services provided by the PickHerbal.com, including but not limited to, (e.g. Product Reviews, Seller Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. PickHerbal.com reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of PickHerbal.com following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use PickHerbal.com.

 

ACCESSING, BROWSING OR OTHERWISE USING PICKHERBAL.COM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by PickHerbal.com Policies, including but not limited to Privacy Policy as amended from time to time.

 

None Eligibility of Existing Herbalife Independent Distributor

PickHerbal.com belongs to a Herbalife Independent Distributor and as per the Herbalife International India Pvt. Ltd. Rule 16-A (Proper Purchasing of Product). “A Distributor must purchase all Herbalife products from their Sponsor, their first up line Supervisor (if their Sponsor is not a fully qualified Supervisor), or directly from Herbalife.”

An existing Herbalife Independent Distributor should place order with www.herbalife.com and must not place any order from PickHerbal.com as it is entirely against the rule of Herbalife Business practices. If anybody is found doing so, their order will be canceled, account will be blocked and amount may not be refunded by PickHerbal.com. We may share their personal information with Herbalife International India Pvt. Ltd. corporate to help them to detect such fraud and other potentially illegal acts.

 

Membership Eligibility

Use of PickHerbal.com is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use PickHerbal.com. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the PickHerbal.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on PickHerbal.com. PickHerbal.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to PickHerbal.com’s notice or if it is discovered that you are under the age of 18 years.

 

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

 

Communications

When you use the Website or send emails or other data, information or communication to us, You agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. PickHerbal.com is not and cannot be a party to or control in any manner any transaction between the Website's Users.

 

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. PickHerbal.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

2. PickHerbal.com does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. PickHerbal.com does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. PickHerbal.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

3. PickHerbal.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. PickHerbal.com cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. PickHerbal.com shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

 

4. PickHerbal.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

 

5. PickHerbal.com does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

 

6. At no time shall PickHerbal.com hold any right, title or interest over the products nor shall PickHerbal.com have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. PickHerbal.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. PickHerbal.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall PickHerbal.com hold any right, title or interest over the products nor shall PickHerbal.com have any obligations or liabilities in respect of such contract. PickHerbal.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with. Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

9. You release and indemnify PickHerbal.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, PickHerbal.com cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretense.

 

Charges

Membership on the Website is free for buyers. PickHerbal.com does not charge any fee for browsing and buying on the Website. PickHerbal.com reserves the right to change its Fee Policy from time to time. In particular, PickHerbal.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event PickHerbal.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to PickHerbal.com.

 

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, PickHerbal.com does not warrant that:

• This Website will be constantly available, or available at all; or

• The information on this Website is complete, true, accurate or non-misleading.

PickHerbal.com will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. PickHerbal.com does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

 

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.

 

 

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