Terms of Service

1. Purpose

Introduction:

Mapleherbs.com and '.in' ('Website') is an online service owned, operated and managed by Maple Herbs Private Limited ('Maple herbs' or 'we' or 'us') in India. In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights:

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission from Maple Herbs Private Limited. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by Maple Herbs Private Limited or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

Accuracy of content and invitation to offer:

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. The item price excludes 18% GST (Goods & Service Tax); hence your final order amount will be Product price+18% GST on pan India basis. The shipping and handling fee for your order is on us. The actual product may look different from the image on the website. We don't sell off-the-shelf products; we source all our products from their respective distributor / manufacturer. All the products are shipped from USA to India, after you place an order, to make sure it is latest, authentic and genuine. There may be some packaging / label change by the manufacturer, in that case you will receive the product in its latest packaging. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. 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. 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 the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. 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. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

General Terms of Use:

  • Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use.
  • User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the Maple Herbs and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws.
  • Maple Herbs strives to provide best prices possible on products and services to users buying or availing from the Website. However, Maple Herbs does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Maple Herbs.
  • Maple Herbs has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfilment.
  • 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.
  • All offers on Products shall be for limited stocks and are for limited period(s). Maple Herbs may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly.
  • A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Maple Herbs.
  • We don't run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful.
  • All products sold on mapleherbs.com through our sellers are genuine. All sellers listing their products on mapleherbs.com are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on mapleherbs.com. However, this guarantee is not applicable for manufacturing defects.
  • In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer.
  • Maple Herbs 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. Maple Herbs' decision of cancellation of order shall be final and Maple Herbs shall not be liable for such cancellation(s) whatsoever.
  • Expected delivery time as mentioned on website may vary than the usual time of delivery.
  • Maple Herbs strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Maple Herbs may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;
  • Maple Herbs shall have right to modify the price of a product or service any time, except third party products, without any prior information.
  • Cancellation by Maple Herbs: There may be certain orders that Maple Herbs is unable to accept and must cancel. Maple Herbs reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, unavailability of the product or quantities ordered by User, unavailability of the service, inaccuracies or errors in pricing information, or problems identified by Maple Herbs' credit and fraud avoidance department.
  • Maple Herbs may also require additional verification or information before accepting any order. Maple Herbs will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account.
  • Cancellation by the User: In case of requests for order cancellations, Maple Herbs, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Maple Herbs receives a cancellation notice and the order has not been processed/ approved by Maple Herbs, Maple Herbs shall cancel the order and refund the entire amount to User within a reasonable period of time.
  • Maple Herbs will not be able to cancel orders that have already been processed, it is pertinent to note that the Maple Herbs has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the Maple Herbs is acceptable to User and User shall not create any dispute on the decision taken by Maple Herbs on cancellation.
  • Maple Herbs Reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user.
  • Limitation of Liability: Under no circumstances Maple Herbs' liability shall exceed giving the User a replacement of the same product/ alternate product of the same value.
  • These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Kolkata (India) only.

Usage Restrictions:

You shall not use the Website for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorized access to other computer / network systems.
  • Interfering with any other person's use or enjoyment of the Website.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the Website.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilia, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

  • violating or attempting to violate the integrity or security of the Website or its content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  • making any unsolicited communications to other users of the Website;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  • attempting to decipher, de-compile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the content on the Website or other information available from the Website;
  • framing or hot linking or deep linking any content on the Website.

Quantity Restrictions:

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

Pricing Information:

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.

Our promotional offers/discounts are not applicable for all the products showcased on our website and are limited to selected categories only.

Indemnity:

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Kolkata. All disputes will be subject to arbitration in Kolkata in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless Maple Herbs, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Maple Herbs or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Eligibility to use:

Use of the Website is available only to persons who can form legally binding contracts under applicable law. 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. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, PARTICIPATE IN THE REWARDS PROGRAM OR DISCLOSE TO US ANY PERSONAL INFORMATION.

 

2. Not Healthcare Advice

The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration (FDA) and are not approved to diagnose, treat, cure or prevent disease.

The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.

Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.

Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.

 

3. Usage & Termination

By using our Site or participating in any of the Programs, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.

You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.

You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other's intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.

You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by discontinuing all use of the Site. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.

We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.

4. Privacy

Your privacy and security are a top priority at Maple Herbs. Please review our Privacy Policy, which applies to personal information obtained from or provided by you on the Site.

5. Usage Restrictions

You are hereby provided with the following restrictions.

General Promotional Restrictions

You may share products on Mapleherbs.in on a personal blog or on your personal social media accounts (e.g. Facebook, Twitter) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar or any other content that could be interpreted as being managed by Maple Herbs and your username cannot include the word “Maple Herbs” or any associated combination. Your blog, website or social media pages may not resemble Maple Herbs’ website or include any content that could imply an affiliation with Maple Herbs.

You may not purchase or use domain or subdomain names that include the word “Maple Herbs” or certain variations and misspellings in any username, group name, or identifier on a social networking site. Examples of such domains include www.mapleherbs.sitename.in or www.mapleherbs-sitename.in or www.mapleherbs.sitename.com or www.mapleherbs-sitename.com.

You may not create or utilize any client side application (browser plugin, extension, executable, etc., installable by the end user) on any device that might imply affiliation with Maple Herbs. Additionally, to the extent that you create an app, such apps may not integrate and/or use Maple Herbs’ app in any way.

Additional restrictions on your promotional activity:

    1. Promotional activity may not contain violent, defamatory, sexually explicit materials, or contain content suggesting or promoting illicit activity.
    2. You may not link any content to, or redirect traffic to sites other than Mapleherbs.com (parts of your site that do not promote Maple Herbs’ products may contain links to other sites.)
    3. You may not alter any material or add any additional information which may be misleading to customers.
    4. You will promptly remove items that are no longer advertised or sold by Maple Herbs.
    5. You will not use names or likenesses in a matter implying a person’s or company’s endorsement of or sponsorship of, or commercial association (including placing unrelated materials in close proximity to content) with Maple Herbs.
    6. You may not include on your site, display, or otherwise use links or content which contain or have a connection to malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.
    7. You may not attempt to redirect or intercept traffic from any site participating in the Rewards Program.
    8. You may not incorporate mapleherbs.com into a web view or integrated web browser within a mobile application.
    9. Transitional pages, popup and/or layered ads for promotional activity are not allowed.
    10. Artificially generating clicks or impressions to create sessions on Maple Herbs.com, whether by software or otherwise is prohibited.
    11. You may not use your Rewards Code to generate Rewards Credits from your own personal purchases or for any commercial resell purposes.
    12. All “paid search” placement and redirecting links are prohibited and may result in the suspension of the Rewards Program linked to your account and any Rewards Credits accrued from such activity will be voided. For purposes of these Terms and Conditions, a “paid search” is an advertisement purchased through bidding on keywords, search terms or other participation in a keyword auction such as Google, Yahoo, Bing or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
    13. You may not use tactics to artificially increase your organic page rank for search terms, including, but not limited to, “Maple Herbs coupon” and “Maple Herbs discount”.

6. Copyright, Trademarks and other Intellectual Property

Mapleherbs.com is solely and exclusively an online store owned by Maple Herbs Private Limited in India. You acknowledge that all materials on the Site or provided in connection with the Programs, including the name of the website, website design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by India, United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on the Site, including without limitation Maple Herbs® are the sole property of Maple Herbs Private Limited, registered in India and subsidiaries, registered in other countries. In addition, all page headers, custom graphics and custom icons are Marks of Maple Herbs. Maple Herbs grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the Materials and Marks only in the manner permitted by Maple Herbs for your personal and non-commercial use only (the “License”). This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by Maple Herbs and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.

7. Agreement:

This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

8. Severability; Interpretation

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".

9. Miscellaneous:

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.

The failure of Maple Herbs to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of Maple Herbs Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

10.  Contact Us:

If you have any questions about this Agreement, contact us support@mapleherbs.com