Terms & Conditions

 

Welcome to Ohria Ayurveda. The https://us.ohriaayurveda.com/ website (the "Site") is operated by Apta Herbals LLC , who is US distributor for Ohria Ayurveda India. This site comprised of various web pages operated by Apta Herbals LLC (“Apta Herbals"). Please read these terms carefully and keep a copy of them for your reference.

Limited License

Apta Herbals LLC grants you a limited license to access the information contained in our e-commerce website, but not to download or copy it for any other purpose than making or considering a purchase immediately. 

Without our express written consent, you are not authorized or allowed to copy or use our photos, product descriptions, logos, images, words, trademarks, store names, marketing or display contents, store lists or parts of this website, or any other information that a reasonable person would consider to be proprietary or protected.  All the information and limited license described above applies  data collection electronically or “trolling” software.

You are not authorized to use this website, or any portions of it to make any false, misleading or derogatory comments about our company, employees or products.

Without our express written consent, you cannot attach, link, or cause any part of our website to be attached, linked or used – electronically, automatically, or otherwise - to market, direct or encourage others to visit any other site that is not owned and operated by Apta Herbals LLC / Ohria Ayurveda US Stores, its subsidiaries, or its assigns.

Without our express written consent, you cannot use the words Ohria Ayurveda, Ohria Royal Ayurveda or any variation thereof designed to mislead or misdirect any unsuspecting person to a third party website or business that is not operated or licensed by Apta Herbals LLC / Ohria Ayurveda US Stores.  These are registered trade names.


Indemnification

You agree to indemnify and hold harmless Apta Herbals LLC and and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Products and Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Products and Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Apta Herbals LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Apta Herbals in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Products and Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Products and Services.Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Apta Herbals agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

the information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. changes are periodically added to the information herein. Apta Herbals and/or its suppliers may make improvements and/or changes in the site at any time.

Apta Herbals and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Apta Herbals and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

to the maximum extent permitted by applicable law, in no event shall Apta Herbals and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Apta Herbals or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

 Information on the Website is for educational purposes and does not intend to substitute for the advice provided by a medical professional. We recommend not using any information contained herein to diagnose/treat a disease or health problem, or to prescribe any medication.

Information and statements regarding  skin care and hair care products have not been evaluated by the Food and Drug Administration or any other regulatory authority, and are not intended to diagnose, treat, cure, or prevent any disease.

We do not recommend taking any Ayurvedic medicines, herbs, or any other product listed on the Website without consulting a certified Ayurvedic practitioner, or if required, a certified medical practitioner.

Termination/Access Restriction

Apta Herbals / Ohria Ayurveda US store reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Apta Herbals as a result of this agreement or use of the Site. Apta Herbal’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Apta Herbal’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Apta Herbal’s with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Apta Herbal with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Apta Herbal with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Copyright

All content included on us.ohriaayurveda.com, is the property of Apta Herbals LLC. and is protected by copyright laws in the United States and internationally. 

Changes to Terms

Apta Herbals reserves the right,  to change the Terms under which https://us.ohriaayurveda.com is offered. The most current version of the Terms will invalidate and replace all previous versions. We encourages you to periodically review the Terms to stay informed of our updates.