Terms & Conditions
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WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY . WELLNESS BEYOND THE ORDINARY .
Terms & Conditions
This document (also referred as “terms” or “User Agreement”) is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
General
1. Newedge Health & Research Pvt. Ltd. a company incorporated under the Companies Act, 1956 (hereinafter also called “NHRPL”, “Newedge”, “We”, “Company”, “Us”, ”Our”) having its Registered office at 212-214, Platinum Plaza, Judges Bungalow Road, Bodakdev, Ahmedabad-380054, Gujarat, India is offering various health & wellness products (each a “Product,” and together the “Products”) under its brand Newedge. You wish to purchase one or more Newedge Products. Newedge has created the website at www.newedgehealthcare.com (the "Website" or the "Site") to provide an online platform for consumers to review information about our Products and to purchase our Products. In this User Agreement, the term Website shall also include all other sub-domains, microsites, m-site, chatbot, notifications or any other platforms used by NHRPL in relation to our range of products and services.
2. The Terms herein are entered into by and between NHRPL and the User.
3. “User”, “you” and “your” shall relate to any natural or legal person who visits, browses through, accesses, uses, or become a buyer on, the website by providing Registration Data while registering as Registered User using the computer systems. Terms “customer” and “consumer” shall be interpreted in their plain grammatical manner.
4. Any reference to "NHRPL", “Newedge”, "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
5. These Terms must be read in conjunction with our Privacy policy and any other document incorporated by reference herein which shall be deemed to be part of these Terms and therefore you are requested to refer to those also before placing order(s) with us.
6. These Terms must be read in conjunction with our:
Privacy Policy
Replacement, Refund and Cancellation Policy
7. Above mentioned policies and any document incorporated by reference herein shall be deemed to be part of these terms and therefore you are requested to refer to those before placing order(s) with us.
8. These Terms govern (i) your use of the Website, (ii) your purchase of our Products offered through the Website, (iii) your provision of information in connection with using the Website (“User Content "); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Newedge or its licensors and made available to you through the Website (“Newedge Content”)
9. Please read these Terms carefully; they impose legal obligations on you and on Newedge, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these terms and agree to be legally bound by them. You cannot use this website if you do not accept these terms. All sections of these terms are applicable to all users unless the section expressly states otherwise. If you do not agree to the terms and conditions set forth below, you should exit the Website now.
10. Our Website is operated, and services are provided in compliance with the laws in India and the Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.
Changes to the terms
1. We have the absolute rights to amend these terms from time to time without further notice to you.
2. Any such amendments we make shall be effective once we post a Revised Version of these terms on the Website.
3. It is your responsibility to have a look at the terms of Newedge regularly.
4. Your continuous use of the Website following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms.
Consumer Protection Compliance
In accordance with Rule 4(2) of the Consumer Protection (E- Commerce) Rules, 2020, requisite information is mentioned below:
Legal name of the e-commerce entity: Newedge Health & Research Pvt. Ltd.
Registered Office: 212-214, Platinum Plaza, Judges Bungalow Road, Bodakdev, Ahmedabad-380054, Gujarat, India.
Name of Website: www.newedgehealthcare.com
Customer Care Support: - For any query or complaint you are requested to contact our customer care at to Email id hello@newedgehealthcare.com or Toll Free number 1800 889 8699
Creating an account / registration
1. To use certain features of the Website (e.g., ordering Products, posting ratings/reviews, receiving e-newsletters), you need to set up an account / registration with our Website and put certain data about yourself as prompted by prescribed form/section for user information/account/registration including but not limited to your name, gender, email address, an account password, mobile number and billing/shipping address, Date of Birth etc. All of your registration information is protected by our Privacy Policy.
2. You represent and warrant that the data you submit during registration/ account creation is all truthful and accurate and that you will maintain the accuracy of any such information.
3. Your Account username and password are personal to you. You’ll not transfer your account, and you will be responsible for every activity associated with your Account.
4. Newedge shall not be liable for any loss or damage, which may take place if you fail to protect confidentiality of your account credentials. If you are doubtful about the unauthorised use of your account, you shall immediately notify us.
5. It’s your responsibility to keep your email address up-to-date on your account setup at Newedge website to make it easier for us to communicate with you electronically in a time of need.
6. If Newedge has reason to believe that there is likely to be a breach of security or misuse of the website; then, we may ask you to change your password or, we may also, deactivate your account/registration without your consent.
Eligibility to use
1. Use of the Website is available only to persons who can form legally binding contracts under the applicable laws.
2. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.
3. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Products
1. We have made every effort to display on the Website as accurately as possible the colours of our products. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
2. The images of the products shown in other advertisements are for illustrative purposes and creative representation only and may vary from the actual products.
3. The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability.
Invitation to Offer
1. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to these terms. Orders are not binding upon Newedge until accepted by Newedge. Newedge reserves the right to refuse service to anyone. Newedge will indicate its acceptance of an order by express acceptance of the order or by issuing an invoice or by shipping the ordered product to you. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
2. Newedge may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Newedge’s decision of cancellation of order shall be final and Newedge shall not be liable for such cancellation(s) whatsoever.
Price
1. Newedge does not guarantee that the price will be the lowest in the city, region or geography.
2. Prices and availability are subject to change without notice or any consequential liability on the Newedge.
3. The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion.
4. All our product prices include all applicable statutory taxes.
5. We make every effort to ensure that the pricing and availability of Products on our Website are accurate and up to date. However, on rare occasions, there could even be an error in the pricing of a product or an error related to product availability. In such cases, we aren’t liable for any typographical errors and reserve the right to cancel the sale.
6. We reserve the right to correct any inaccuracies or omissions related to the pricing and product availability/descriptions, even after you’ve submitted your order, and to vary or update the other information at any time without prior notice.
Shipment and Delivery
1. Newedge will ensure that your order is processed and safely delivered.
2. The Shipping charges will vary depending upon the value of the order and/or any offers/promotions being offered by Newedge Websites at the time of your order placement and subsequent confirmation.
3. The applicable shipping charges shall be displayed before you confirm your order.
4. Products will be shipped only within India.
5. Delivery times may vary depending upon the delivery location as well as the type of Product You order.
6. Except in case of Cash on Delivery, the Goods will only be released for delivery once payment has been received into our banking account.
7. The Goods shall be delivered to the User through the services of a courier of our selection.
8. The Goods shall be delivered to the User at the address selected during the ordering process
9. For order containing multiple Products, delivery may be made in multiple shipments.
10. Upon placement of the order, the estimated shipping and delivery timelines shall be available on order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control.
11. Delivery will be completed when we deliver the Product(s) to the address you specified in your order.
12. If you do not receive Your Product(s) on the stated delivery date, you must notify us immediately.
13. In the event, the Company 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. You will have the right either to cancel the ordered Product or wait for the Product to be delivered. 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 the Company 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.
14. You must also do all that you reasonably can, to enable the delivery to take place on the given date. If our carrier is unable to deliver the Product(s) as a result of your action or inaction (for example, you are not present at your property), our carrier will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
15. On delivery of the Product(s) to you, the Product(s) shall be at your risk and responsibility and you will be responsible for their safekeeping.
Return, Replacement, Refund and Cancellation
For information on replacement of product, cancellation of order, return of product, refund of price paid and other concerned information please refer to our Replacement, Refund and Cancellation Policy.
Offers
From time to time, we may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on our Website (“Newedge Offers”).
1. Newedge Offers shall be subject to the terms and conditions which are solely determined by us, and the terms of such discounts and offers may vary for the customers based on various factors such as nature of transaction, volume of transactions, order size, product type, customer profile, product availability, usage of the Website, time spent on the Website, city, place of residence, time, etc.
2. We reserve every right to make these offer available for a limited time period and to extend, limit, amend, void, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers, including any of its aspect or feature at any time without any prior intimation to you.
3. We reserve the right to vary the timing and dates of the offer; the number and category of products available for offer, at any time, subject to our absolute discretion.
4. The offers, discounts and promotional offers may be changed or amended from time to time.
5. Offers will have applicable conditionality and it is your responsibility to review and comply with those terms and conditions governing the offers, discounts and other promotional offers.
6. Newedge at its own discretion reserve the right to cancel your option to return or exchange any product purchased under offers and discounts.
7. Any of the offers, discounts or promotional offers may not be valid when used in combination with other promotional offers, codes or vouchers unless explicitly permitted by us.
8. Unless otherwise communicated the offers, discounts and promotional offers cannot be exchanged or settled for cash.
9. Subject to Newedge’s Replacement, Refund and Cancellation Policy, if the User: (i) cancels any product which is subject to any promotions, offer or discounts; or (ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product.
10. Unless otherwise specified, in the event, any product is cancelled or returned in accordance with Newedge's Cancellation and/or Return, Refund and Replacement Policy, any offer, promotion, discount applied to such product shall be forfeited.
Payment Method:
1. Users have multiple payment methods for making payment of their orders such as Credit Card/Debit Card/Net banking/Third party Wallets and Cash on Delivery.
2. It is at the sole discretion of Newedge whether to continue/discontinue any kind of payment method.
Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
3. While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or “Bank/s", or
Exceeding the limit mutually agreed by You and between
Any payment issues arising out of the transaction, or
Decline, suspension of transaction or transaction remaining pending for any other reason/s
All payments made on the Website shall be compulsorily in Indian Rupees. The Website won’t facilitate transactions concerning any other form of currency concerning the purchases made on the Website.
Notifying the improper content
In case if you observe or believe that any content appearing our Website is such as to amount to being defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, kindly bring the same to our notice by writing to us at hello@newedgehealthcare.com
Limited Warranty
Subject to the other terms and conditions herein and to the exclusion of any other warranties applicable by law, Newedge warrants that the goods sold hereunder.
1. Will correspond materially with their specifications and will be free from material defects in material and workmanship at the time of delivery;
2. In the case of fungible goods shall be of fair average quality; and (iii) shall be contained, packaged and labeled as required by law.
The foregoing warranty is provided by Newedge subject to the following exceptions:
Newedge shall be under no liability for any defect in the Product(s) arising whether wholly or in part from;
1. wilful damage to or negligence attributable in any way to You;
2. Your storage or handling of the Product(s);
3. Your failure to follow Newedge’s instructions (whether oral or in writing) for handling and storage of the Product(s); or
4. any combination of the Product(s) with goods not manufactured by Newedge.
Any warranty claim by you based on any defects in the quality or condition of the Products must be made in writing to Newedge within such period from the date of delivery and in such manner as specified in Replacement, Refund and Cancellation Policy. For valid claims as per Replacement, Refund and Cancellation Policy Newedge shall, as its sole obligation and liability to you, either replace the Product(s) in question free of charge or, at Newedge’s sole discretion, refund to you the price of the Product(s) in question.
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
Limits On Newedge‘s Warranty Obligations
EXCEPT FOR THE EXPRESS WARRANTY Newedge PROVIDES IN SECTION (Limited Warranty) ABOVE, YOU TAKE THE PRODUCTS “AS IS.” Newedge MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE PRODUCTS, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET OUT IN SECTION (Limited Warranty), ARE YOUR EXCLUSIVE REMEDIES RELATED TO Newedge PRODUCTS.
Limitation of Liability.
YOUR REMEDIES UNDER SECTION (Limited Warranty), ABOVE, ARE IN LIEU OF YOUR ALL OTHER RIGHTS AND REMEDIES, AND Newedge SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY Newedge, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE.
HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE PRODUCT(S), (b) FROM ANY INABILITY TO USE THE PRODUCT(S), (c) FROM THE COST OF SUBSTITUTE PRODUCT(S), OR (D) USE OF Newedge WEBSITE AND RELATED CONTENT. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Newedge EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM AT ISSUE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS USER AGREEMENT.
Errors, Inaccuracies and omissions
1. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
4. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited uses of Website
In addition to other prohibitions as set forth in these terms, you are prohibited from using the Website or its content:
1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate either based or not on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Law compliance by the user
The User shall ensure that while using the Website, Products or Services of the Company, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of Website, Products or Services shall at all times, be strictly complied with and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
Intellectual Property Rights
1. Information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Newedge or its licensors and made available to you through the Website has been termed as “Newedge Content”.
2. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Newedge Content are the proprietary property of Newedge and its licensors, and are protected by Indian and international copyright and other intellectual property laws, or are used under the principles of fair use. Newedge and its licensors retain all rights with respect to the Website and the Newedge Content except those expressly granted to you in these terms.
3. The Newedge logo/ image, and other Newedge graphics, logos, page headers, button icons, scripts, and service names, used on the home page as well as on the other pages of the Website, and as used in the communication to the User or to any other third party, are trademarks, registered trademarks or trade dress of Newedge.
4. The Company or their third party partners or respective third parties also have rights to all trademarks and trade dress and specific layouts of Website, including without limitation calls to action, text placement, images, technology, content, and other materials, which appear on the Website, including its looks and feel.
5. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Newedge”, domain name “newedge.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
6. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Newedge Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website unless specifically authorized in writing by Newedge.
7. Subject to Your compliance with these terms, You are granted a limited, non-exclusive, non- transferable, revocable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for Your personal purposes, provided that you shall not:
8. license, sublicense, sell, resell, distribute or otherwise commercially exploit the Newedge Website to any third party;
9. modify or make derivative works based upon the Newedge Website or Newedge Content; or
10. reverse engineer, reverse compile, or access the Newedge Website in order to build a competitive product or service.
11. You are not permitted to use the trademarks without the prior consent of Company and/or the relevant third parties that may own the trademarks. No trademark is granted to You 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.
Health Related Information
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care practitioners. You should not use any information available on or through the Website to diagnose or treat any medical condition or disease. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult with your healthcare provider if you have health-related questions before using any of our products. You should discuss any medications and/or nutritional supplements you are using with your healthcare provider before using any new supplements or healthcare or wellness products. You should read carefully all instructions and contents of product packaging prior to use.
Indemnity
You agree to defend, indemnify, and hold Newedge and its subsidiaries, holding and associate companies, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these terms.
Communications
a. You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
b. A User can unsubscribe / opt-out from receiving communications from Company at anytime.
Termination
1. This User Agreement is effective unless and until terminated by either you or us.
2. If You want to terminate Your agreement with us, You are free do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
3. We may terminate this User Agreement at any time and may do so immediately without notice if
4. You breach or threaten to breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to;
5. We are required to do so by the provisions of law or where the provision of the services hereunder, to You becomes, unlawful;
6. The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
7. You are unable to pay your dues owed to the Company.
8. The Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
9. Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
10. You adopted or exercised or attempted actions that may harm or slander other users' actions or pose as a threat to this website.
11. We discover that the user has provided inaccurate and incomplete information.
Upon termination or otherwise we may choose to deny you access to the Website. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. Upon the termination, the Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
Upon termination, any money due to us in shall become immediately due and payable and we shall be under no further obligation to supply Product(s) to you, provided that where you have paid for Product(s) in advance of our termination of our agreement, we shall, at our discretion, supply those Product(s) to you or cancel the supply of those Product(s) and refund you the price paid for those Product(s).
Survival : It is also clarified that certain terms and conditions of these terms shall continue to be binding on the User even after the termination of the User Agreement between Us and the User.
Cessation of Operation
The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and/or distribution of the Products.
Force Majeure
a. The Company 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, any acts of arising out of of labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control.
b. Further if Force Majeure event takes place that affects the performance of our obligations under these terms, our obligations under these terms shall be suspended for the duration of Force Majeure event.
Applicable Law and Jurisdiction
These terms and your use of this Website and its content are governed by and construed in all respects in accordance with the laws of India and subject to the jurisdictional courts of Ahmedabad.
No Class Action
By accepting the terms, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with these terms must be asserted individually
Miscellaneous
a. Captions: Various captions used in these terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
b. Assignment: These terms shall not be assignable by you, either in whole or in part. Newedge reserves the right to assign its rights and obligations under these terms.
c. Waiver: Newedge’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
d. Severability: If any court or competent authority finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms will not be affected.