Terms & Conditions

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.drmomherboveda.com.

The domain name www.drmomherboveda.com ("Website") is owned and operated by Dr. Mom Herboveda Pvt. Ltd. incorporated under the provisions of the Companies Act, 2013, having its registered office at:

For these Terms of Use ("Terms"), wherever the context so requires:

• The term 'You' or "User" shall mean any legal person or entity accessing or using this Website, who is competent to enter into binding contracts as per the Indian Contract Act, 1872.
• The terms 'We', 'Us' & 'Our' shall mean the Website and/or the Company, as the context so requires.
• The terms 'Party' & 'Parties' shall refer to the User and the Company individually and collectively.

The use of the Website by the user is solely governed by these Terms as well as the Privacy Policy available on the Website. Visiting the home page and/or using any services provided on the Website shall be deemed to signify the User's unequivocal acceptance of these Terms.

The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and any such amendments shall come into effect immediately.

Dr. Mom Herboveda Pvt Ltd. is a recent entrant into the online ecommerce space. The website provides a platform for Ayurvedic and herbal products that have a deep impact on health, reaching out to a wider online population.

The Company is the manufacturer and provides high quality Ayurvedic and herbal products in the form of Health Tonic, Syrup, Oil, Gel, Powder and Churna — with more than 30 products covering all health problems including Heart Care, Diabetic Care, General Care, Critical Care, Men's Care, Women's Care, Child Care, Immunity Care, Oral Care, Hair Care, and Personal Care under the brand name "Dr. Mom".

The website is an online platform that enables you to purchase Ayurvedic and herbal products listed on the website at the price indicated therein, at any time from any location within India.

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872.

The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

• The User continues to access and use the Website; or
• The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; or
• Whichever is longer.

The Parties agree that certain Sections (13, 14, 16 & 18) shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms.

The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause.

The User shall continue to be bound by these Terms, and it is expressly agreed that the User shall not have the right to terminate these Terms till the expiry of the same as described in Section 3 hereinabove.

• Dr. Mom Herboveda is a platform where customers have access to relevant information pertaining to Ayurvedic and Herbal Products including Health Tonic, Syrup, Oil, Gel, Powder, and Churna covering all health problems.
• The user Account on the Website through logging in by their third party website user ID and password including that of Facebook, Yahoo, Google, Twitter or any other permitted social media website.
• Dr. Mom Herboveda provides natural Ayurveda and Herbal products. The colour of the products might change due to seasonal variations. All bottled packaging for Ayurveda and Herbal Products are BPA free.
• By using this Website and providing contact information, the User consents to receiving calls, emails, and SMSs from the Company and/or its affiliates. To opt out, the User may send an email to care@drmomherboveda.com. It may take up to 7 business days for the Company to give effect to such a request.

• Payments shall be made through PayU, Net Banking, Credit Card, Debit Card, UPI, and other wallets.
• Dr. Mom Herboveda offers no guarantees for the accuracy or timeliness of refunds reaching the User's card/bank accounts.
• GST on all applicable components shall be charged separately.
• Dr. Mom Herboveda reserves the right to hold or reclaim payment in cases of abuse, fraud, or violation of agreement.

• It is the duty of the User to provide true, accurate, and complete information. False details may result in registration rejection and debarment without prior notice.
• The User agrees to comply with all notices or instructions given by Dr. Mom Herboveda from time to time.
• User shall take care to choose the right product and carefully check the product description. All orders placed are a firm commitment to purchase.
• User can track their order via the email link sent post-order, or by visiting the 'My Account' section on the website.
• The User is responsible for all applicable taxes and costs incurred in using the website's services.
• The User shall promptly make payment towards goods purchased as and when it becomes payable.
• The User shall not make bulk purchases for re-selling or illegal activities. Dr. Mom Herboveda reserves the right to cancel current and future orders and block the User account in such cases.
• In case of any product listed with an incorrect price due to a typographical or technical error, Dr. Mom Herboveda shall have the right to refuse or cancel orders placed at the incorrect price.
• The User shall indemnify and hold the Company harmless for any loss or damage arising out of failure to comply with applicable laws or breach of warranties.
• The client will be responsible for maintaining the confidentiality of the account and password to prevent unauthorized access.
• The User agrees that the account will be used only for personal use.

The User further undertakes NOT to:

• Abuse, harass, threaten, defame, or otherwise violate the legal rights of any other person or entity.
• Engage in any activity that interferes with or disrupts access to the Website.
• Impersonate any person or entity, or falsely misrepresent affiliation with a person or entity.
• Publish or post information that is grossly harmful, harassing, obscene, defamatory, pornographic, or otherwise unlawful.
• Post any image/file/data that infringes the copyright, patent, or trademark of another person or entity.
• Upload files that contain viruses, corrupted files, or similar software that may damage the operation of the Website.
• Probe, scan, or test the vulnerability of the Website or any connected network, nor breach security or authentication measures.
• Collect or store data about other Users of the Website.
• Use the Website for any purpose that is unlawful or that infringes the rights of this Website or any third party.
• Violate any applicable laws, rules or regulations currently in force within or outside India.
• Engage in advertising to, or solicitation of, other Users to buy or sell products not displayed on the Website.
• Threaten the unity, integrity, defence, security or sovereignty of India.

• The Company shall list products for sale in accordance with its policies and shall be legally authorized to sell such items.
• All listed items must be kept in stock for successful fulfillment of sales.
• Dr. Mom Herboveda will ideally ship all products of an order together. If some products are ready earlier, they may be shipped in a separate shipment, and the User will be notified each time.
• It is the duty of the Company to mention the approximate time of Shipment/Delivery. However, the Company shall not be liable for any delay due to force majeure events including flood, fire, wars, or acts of God.
• The Company shall not mislead the description of any item and shall accurately describe the condition of each product.
• The Company shall deliver the product to Users through its logistics partner.

Any individual residing in India and of age 5+ years is a potential client for Dr. Mom Herboveda. Buyers residing outside India can access the website; however, all product deliveries will happen at an address within India's territorial jurisdiction.

Return Policy

User can return or replace their product within 15 days from the date of delivery. Return will be initiated within 3 working days. Damaged or torn products will not be accepted. Any fraud claim or doubtful return will not be accepted.

Cancellation Policy

User can cancel their order by logging into Dr. Mom Herboveda and clicking on "My Account" to view all order details. Locate the "Cancel" button and click on it to cancel the order.

Refund Policy

When the User's order gets cancelled, Dr. Mom Herboveda will initiate a refund only when the product is unused and in its original packaging along with the invoice. The refund process will take 5 to 7 business days to reflect in the User's account after the company receives and quality-checks the returned product.

Notwithstanding other legal remedies, the Company may in its sole discretion limit the User's access and/or activity, suspend/terminate the User's membership, and/or refuse access to the Website, without notice, in any of the following cases:

• If the User is in breach of any of these Terms or the Policy.
• If the User has provided wrong, inaccurate, incomplete, or incorrect information.
• If the User's actions may cause harm, damage, or loss to other Users or to the Website/Company.
• If the User copies or duplicates any content or information available from the Website.

The User hereby expressly agrees to defend, indemnify, and hold harmless the Website and the Company, its directors, affiliate Users, employees, officers, and agents against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of the User's actions or inactions.

In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits.

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

All logos, trademarks, brand names, service marks, domain names, designs, and graphics created by the Company are the exclusive property of the Company.

The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property relating to said products resides with the said owners. At no point does any such intellectual property stand transferred to the Website/Company or to the User.

• Except as otherwise expressly stated on the Website, all products/services offered are on an "as is" basis without any warranty whatsoever, either express or implied.
• Information accessed through Dr. Mom Herboveda is presented in summary form and may not be exhaustive. Dr. Mom Herboveda makes no warranties as to its accuracy or completeness.
• The Company does not guarantee that functions and services on the Website will be uninterrupted or error-free, or that the Website will be free of viruses or other harmful components.
• The contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Any comments, feedback, ideas, suggestions, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display worldwide, without additional approval or consideration.

The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website.

It is expressly agreed that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism:

• Mediation: The Parties will attempt to resolve any dispute amicably within 30 days of one Party communicating the existence of a dispute to the other Party.
• Arbitration: If amicable resolution fails, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by the Company. The seat of Arbitration shall be Jodhpur, Rajasthan, India.

Any communication relating to any dispute or grievance experienced by the User may be communicated to the Company by reducing the same to writing and sending it to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).

• Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company and supersede all other communications, representations and agreements relating thereto.
• Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall not affect such Party's right to enforce it later. No waiver of any breach shall be construed as a continuing waiver.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.