GENERAL
a) This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, 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.
b) This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and terms of use for access or usage of the website www.botanivita.in.
c) The domain name www.botanivita.in (“Website”), including its online services, information, articles, blogs, text, graphics, images, and other material contained on the Website, is owned and operated by BotaniVita (“Company”), having its principal place of business in India. Unless repugnant to the context, such expression shall be deemed to include its representatives, administrators, employees, directors, officers, agents, successors, and assigns.
d) For the purpose of these Terms of Use (“Terms”), wherever the context so requires:
i) The term “You” or “User” shall mean any legal person or entity accessing or using this Website or the services provided therein, who is competent to enter into binding contracts under the Indian Contract Act, 1872.
ii) The terms “We”, “Us”, and “Our” shall mean the Website and/or the Company.
iii) The terms “Party” and “Parties” shall respectively refer to the User and the Company individually and collectively.
e) The headings (if any) are only for organizational convenience and shall not be used to interpret the provisions of these Terms.
f) Use of the Website by the User is governed solely by these Terms and the Privacy Policy available on the Website, including any amendments made from time to time. Accessing the Website or using any service shall be deemed as acceptance of these Terms and the Privacy Policy.
g) The User agrees that these Terms and the Privacy Policy together constitute a legally binding agreement between the User and the Company. No signature or express act is required, and continued use of the Website signifies acceptance.
h) The Company reserves the exclusive right to amend or modify these Terms at any time without prior notice. Users are advised to periodically review the Terms. Continued use of the Website following any changes constitutes acceptance of the modified Terms.
i) Subject to compliance with these Terms, the User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website.
OUR SERVICES
BotaniVita operates in the online e-commerce space and provides a platform for the sale of Ayurvedic and herbal products, primarily in powder form, intended for general wellness. The Website enables Users to purchase products listed at the prices indicated, at any time and from any location within India. BotaniVita operates in a business-to-consumer (B2C) model and strives to deliver quality, transparency, and customer satisfaction.
ELIGIBILITY
The User represents that they are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Use of the Website is not permitted for individuals who are legally disqualified from entering into contracts under applicable laws.
TERM
These Terms shall remain in force as long as the User accesses or uses the Website or completes any transaction through the Website. Certain provisions, including but not limited to indemnity, limitation of liability, and dispute resolution, shall survive termination of these Terms.
TERMINATION
The Company reserves the right to suspend or terminate User access to the Website or services, in whole or in part, at its sole discretion, without prior notice, if the User violates these Terms or applicable laws.
FACILITIES PROVIDED BY THE WEBSITE
The Website provides information related to Ayurvedic and herbal products and enables Users to place orders online. Users may create accounts using permitted login methods. Product characteristics such as color or texture may vary due to natural or seasonal factors. BotaniVita does not provide guarantees regarding specific outcomes or results from product usage.
By providing contact information, Users consent to receiving transactional communication related to orders and services. Promotional communication may be opted out by contacting botanivitaenterprises@gmail.com, subject to processing time.
CHARGES AND PAYMENT
Payments for products may be made through approved payment gateways using methods such as UPI, debit cards, credit cards, net banking, or wallets. The Company does not guarantee timelines for refunds once initiated by payment gateways. Applicable taxes, including GST, shall be charged as per law. The Company reserves the right to withhold or reclaim payments in cases of fraud, misuse, or policy violations.
USER OBLIGATIONS
The User agrees to provide accurate and complete information and to comply with all instructions provided by the Company. Orders placed constitute a binding commitment to purchase. The User agrees not to misuse the Website, engage in unlawful activity, infringe intellectual property, upload malicious content, or disrupt Website functionality. The User is responsible for maintaining confidentiality of account credentials and all activities performed under their account.
COMPANY OBLIGATIONS
The Company shall list products accurately, ensure lawful sale, and dispatch orders through logistics partners. Delivery timelines are indicative and subject to external factors. The Company shall not be liable for delays caused by force majeure events.
RETURN, CANCELLATION, AND REFUND
Returns, cancellations, and refunds shall be governed by the Company’s Return & Refund Policy available on the Website. Refunds, if applicable, shall be processed after verification and may take 5–7 working days to reflect.
SUSPENSION OF USER ACCESS
The Company may suspend or terminate User access if the User breaches these Terms, provides incorrect information, or engages in prohibited activities.
INDEMNITY AND LIMITATION OF LIABILITY
The User agrees to indemnify and hold harmless the Company against any claims arising from breach of these Terms, misuse of the Website, or violation of law. The Company shall not be liable for indirect, incidental, or consequential damages, including loss of data, profits, or health-related outcomes.
INTELLECTUAL PROPERTY
All Website content, including text, images, logos, product descriptions, and designs, is the exclusive property of BotaniVita. Unauthorized use, reproduction, or distribution is strictly prohibited and may result in legal action.
DISCLAIMER
All products and content are provided on an “as-is” basis without warranties of any kind. Information on the Website is for general wellness purposes only and should not be treated as medical advice. Results may vary between individuals.
USER SUBMISSIONS
Any feedback or content submitted by Users may be used by the Company without restriction or compensation, provided such use does not violate applicable laws.
DISPUTE RESOLUTION AND JURISDICTION
Any dispute shall first be resolved amicably. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in India. These Terms shall be governed by the laws of India, and courts in India shall have jurisdiction.
NOTICES
All legal notices or communications shall be sent in writing to the Company at its registered or official contact address.
MISCELLANEOUS
These Terms constitute the entire agreement between the User and the Company. If any provision is held invalid, the remaining provisions shall remain enforceable.
