TERMS & CONDITION
Aloha Ayurveda, Inc provides the content and services available on this website to you, subject to the following Terms and Conditions, our Privacy Policy, Payment Policy, and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features, or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using this website, you are acknowledging that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement. So, please read this carefully before proceeding. PRIVACY POLICY Please review our privacy policy so that you may understand our privacy practices. PAYMENT POLICY Please see our payment policy to understand the purchase processes of our products. All international shipping orders may attract local duties applicable in that country, and accordingly, the customer will have to pay such local duties/taxes.
 
INTRODUCTION
This document is an electronic record in terms of the 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. PRODUCTS AND SERVICES FOR PERSONAL USE The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. ACCURACY OF INFORMATION We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free. INTELLECTUAL PROPERTY All information and content available on the website and its “look and feel” including, but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation and organization thereof (collectively, the “Content”) is the property of Aloha Ayurveda Inc., our Affiliates, partners or licensors, and is protected by laws of the United States, including laws governing all applicable forms of intellectual property. Except as outlined in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.”
 

TERMS & CONDITIONS

Welcome to Aloha Ayurveda, Inc! We offer our website content and services to you under the following Terms and Conditions, along with our Privacy Policy, Payment Policy, and other policies found throughout our site. These collectively form the “Terms and Conditions.” By accessing or using our website, you acknowledge that you have read, understood, and agreed, without limitation, to be bound by these terms. Please carefully review this information before proceeding.

PRIVACY POLICY

Take a moment to review our Privacy Policy to understand our privacy practices.

PAYMENT POLICY

Refer to our Payment Policy to grasp the purchase processes for our products. Note that international shipping orders may incur local duties in the recipient’s country, and the customer is responsible for paying such duties/taxes.

INTRODUCTION

This document is an electronic record as per the Information Technology Act, 2000, and its applicable rules. It doesn’t require physical or digital signatures, being generated by a computer system.

PRODUCTS AND SERVICES FOR PERSONAL USE

The products, services, and any samples provided are for personal use only. Reselling is prohibited. We reserve the right, with or without notice, to cancel or reduce the quantity of products or services that may violate our Terms and Conditions.

ACCURACY OF INFORMATION

While we strive for accuracy, we do not guarantee the website’s content, including product descriptions, colors, and information, to be error-free. We aim to provide reliable and current information, but there may be occasional inaccuracies.

INTELLECTUAL PROPERTY

The Content on our website, including trademarks, logos, text, graphics, and more, is the property of Aloha Ayurveda Inc., protected by U.S. laws. Without our express written consent, the Content or any part of this website may not be used, reproduced, sold, modified, or exploited for any purpose, except as permitted in the limited licenses in Section 6 or as required by applicable law.

 
 
 
LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Aloha Ayurveda Inc. website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license, or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Aloha Ayurveda Inc. website or any and/or all of our Content automatically terminates the limited licenses outlined in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
 
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Aloha Ayurveda, Inc. website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations outlined in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Aloha Ayurveda, Inc., our Affiliates, partners or licensors.
THIRD-PARTY LINKS We are not responsible for the content of any off-website pages or any other websites linked to or from the Aloha Ayurveda, Inc. website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
 
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
Aloha Ayurveda, Inc. may offer certain special features and functionality or events (such as contests, promotions or other offerings), which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this, and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.”
 

LIMITED LICENSES

We provide you with a limited, revocable, and non-exclusive license to access and use the Aloha Ayurveda Inc. website. However, this license does not grant you the right to: (a) frame or enclose the website using framing techniques; (b) republish, redistribute, sell, license, or download the website or any Content (except for caching or viewing purposes); (c) use the website or Content for any purpose other than personal use; (d) modify, reverse engineer, or create derivative works based on the website or Content; (e) collect account information for yourself or others; (f) use meta tags or any “hidden text” containing Content; or (g) employ software robots, spiders, crawlers, or similar tools that may burden our infrastructure unreasonably. All proprietary notices on the website must be retained without modification.

Additionally, we grant you a limited, revocable, and non-exclusive license to create a hyperlink to the website’s home page for personal, non-commercial use only. Any such linking must adhere to the following conditions: (i) not replicate our Content; (ii) not imply endorsement by us; (iii) not misrepresent the relationship with us; (iv) not contain distasteful, obscene, offensive, or illegal content; (v) not portray us in a false, misleading, or derogatory manner; and (vi) only link to the home page. We reserve the right to request the removal of any link, and upon such request, you must promptly remove the link unless expressly authorized in writing by us.

Any unauthorized use of the Aloha Ayurveda Inc. website or its Content automatically terminates the limited licenses outlined in this section, without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

YOUR OBLIGATIONS AND RESPONSIBILITIES

When accessing or using the Aloha Ayurveda Inc. website, you must comply with these Terms and Conditions, as well as any special warnings or instructions posted on the website. Act in accordance with the law, custom, and good faith. You are prohibited from making any changes to the website, its Content, or services that may compromise its integrity or operation. If you default negligently or willfully in your obligations, you are liable for any losses and damages incurred by Aloha Ayurveda Inc., our Affiliates, partners, or licensors.

THIRD-PARTY LINKS

We are not responsible for the content of off-website pages or any other websites linked to or from the Aloha Ayurveda Inc. website. Links on our website are for convenience only and do not constitute an endorsement by us. Your linking to or from any off-website pages or other websites is at your own risk. We do not examine or evaluate linked pages or websites and assume no responsibility or liability for their actions, content, products, services, privacy policies, or terms and conditions. It is your responsibility to review the terms and conditions and privacy policies of all linked pages and websites.

SPECIAL FEATURES, FUNCTIONALITY, AND EVENTS

Aloha Ayurveda Inc. may provide special features, functionality, or events subject to additional terms of use, rules, or policies in addition to or in lieu of these Terms and Conditions. If such additional terms apply, we will notify you, and your use of those offerings will be subject to those specific terms.

 
SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned, and we may use your submission and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
 
USER CONTENT
When you transmit, upload, post, e-mail, or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including, advocating harassment of another, entrapping or harming any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Birla Healthcare Ayurveda Pvt. Ltd. website, and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the website. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content, and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable, and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
 
 

SUBMISSIONS

Our policy is to refrain from accepting unsolicited suggestions and ideas. Despite this policy, any information, feedback, suggestions, ideas, or other submissions (“Submissions”) provided by you will be considered non-proprietary and non-confidential. Subject to our Privacy Policy, by transmitting or posting any Submission, you grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Submission in any manner we deem fit. This includes creating derivative works, distributing, and displaying the Submission in any form, media, or technology, whether currently known or developed in the future. Furthermore, you acknowledge that your Submission may be used without compensation for purposes, including but not limited to, developing, manufacturing, distributing, and marketing products.

Upon making a Submission, you affirm that you own or control the rights to it and that it does not contain harmful elements like software viruses or constitute spam. You agree not to use a false email address, impersonate others, or mislead us regarding the Submission’s origin. You are responsible for any claims arising from your Submission and agree to indemnify us for any related damages.

USER CONTENT

When you share data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials (“User Content”) on the website, you are solely responsible for it. This User Content is considered a Submission under Section 10. All third parties, not us, are entirely responsible for User Content they post. You agree not to engage in or assist others in transmitting, uploading, posting, or making available User Content that is unlawful, harmful, or violates any law or contractual relationship.

Additionally, you agree not to transmit viruses, unauthorized advertising, solicitation, or promotional material, or engage in activities like stalking, harassment, or intentionally violating any law. We do not endorse or control User Content on the website and do not guarantee its accuracy, integrity, or quality. By using the website, you may be exposed to offensive or objectionable User Content, and we are not liable for any errors or omissions in such content.

We reserve the right to refuse or remove any User Content at our discretion, and we may change, condense, or delete any User Content. We also have the right to refuse service to users who violate these Terms and Conditions or infringe on the rights of others, without prior notice.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and e-mail address to: info@birlaayurveda.co.in Note: The above contact information is provided exclusively for notifying Aloha Ayurveda, Inc. that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by e-mail at: Alohaayurvedahawaii@gmail.com REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY Aloha Ayurveda, Inc. website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including, but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site including, during hyperlink to or from third-party websites (f) any inaccuracies or omissions in content, or (g) events beyond our reasonable control. Birla Healthcare Ayurveda Pvt. Ltd.’s personal care products are based on natural and Ayurvedic formulations. Though enormous efforts are made, and precautions are taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely to affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Aloha Ayurveda, Inc. will not be responsible or liable for any product-related issues including without limitation any allergic reactions to you on account of the usage of our products. For any purchases made through the Aloha Ayurveda, Inc. you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether, in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed $500 USA. You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

 

 

COMPLAINTS

We uphold the intellectual property rights of others. If you believe that copyrighted materials have been used in a way that constitutes infringement, please notify us via email or written notice, providing the following details: (i) identification of the copyrighted work(s) you claim has been infringed, and confirmation that you are the copyright owner or authorized to act on their behalf; (ii) a description of the allegedly infringing material and its location on the website; (iii) your contact information, including address, telephone number, and email address, sent to: Alohaayurvedahawaii@gmail.com.

REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY

The Aloha Ayurveda, Inc. website is presented “As Is.” We make no representations or warranties, express or implied, regarding these terms and conditions or the site, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

To the fullest extent permitted by applicable law, we will not be responsible or liable under any circumstances, whether in contract, tort (including negligence), or otherwise, for any (a) business interruption; (b) access delays or interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction, or modification; (d) loss or damages resulting from dealings with or the presence of off-website links on the website; (e) computer viruses, system failures, or malfunctions during your use of the site, including hyperlinking to or from third-party websites; (f) inaccuracies or omissions in content; or (g) events beyond our reasonable control.

While Aloha Ayurveda, Inc.’s personal care products are formulated with natural and Ayurvedic ingredients, individual reactions may vary. You are responsible for ensuring the safety of product use based on your allergies or pre-existing medical conditions. Aloha Ayurveda, Inc. is not liable for any product-related issues, including allergic reactions. Purchases through Aloha Ayurveda, Inc. are governed by detailed liability and disclaimer conditions in the product packaging/leaflets.

Moreover, to the fullest extent allowed by law, we are not liable for any indirect, special, punitive, incidental, or consequential damages (including lost profits) related to the website or your use thereof, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed $500 US.

You agree that any claims or actions related to the website or these terms and conditions must be brought within one (1) year after the cause of action arose.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, arising from third-party claims resulting from your use of Aloha Ayurveda, Inc. or breach of these Terms and Conditions. Additionally, you agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of data gathering tools or any action imposing an unreasonable burden on our infrastructure.

CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA E-MAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including, without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: alohaayurvedahawaii@gmail.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to the receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options concerning the receipt of marketing communications are set forth in our Privacy Policy. 

 

DISPUTES

Regarding any disputes related to the website, all rights, obligations, and actions outlined in these Terms and Conditions will be governed by the laws of USA and the courts of Hawaii, USA. This applies as if the Terms and Conditions were a contract entirely entered into and performed within Hawaii, USA, and is subject to foreign legal mandatory provisions. To the fullest extent allowed by applicable law, any dispute, difference, or claim arising from your visit to the Aloha Ayurveda, Inc. website will be referred to the sole arbitrator appointed by the Chairman and Managing Director of Aloha Ayurveda, Inc. in accordance with the law. The arbitration venue will be Hawaii, USA, and the arbitrator’s award will be final and binding, enterable as a judgment in any competent court. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined with an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

If arbitration is not permitted by applicable law, any dispute related to your website visit will be submitted to an appropriate court or other judicial body in Hawaii, USA, as applicable. This is without prejudice to applicable law and all provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court if you have violated or threatened to violate our intellectual property rights. You consent to exclusive jurisdiction and venue in such courts.

GENERAL

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us regarding your use of the website, superseding all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or another form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision