Disclaimer
Disclaimer of Warranty and Limitation of Liability
- Disclaimer of Warranties: The Website along with all information, content, materials, products, and services provided therein, are offered on an “as is” and “as available” basis unless explicitly stated otherwise. Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, products, or services included on or made available through the Website.
To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Warranties that the Website or its servers will be free of viruses or other harmful components.
- Warranties regarding the accuracy, completeness, reliability, or timeliness of content on the Website/App.
- Limitation of Liabilities: Company will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:
- The use or inability to use the Website or its contents.
- Any unauthorized access to or alteration of your transmissions or data.
- Any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to your records, programs, or services.
This limitation applies to all claims, including but not limited to contract, tort, negligence, strict liability, or otherwise, even if Company has been advised of the possibility of such damages.
- Maximum Liabilities: In any event, Company’s maximum liability for any claims arising out of the use of the Website or its content shall not exceed the amount paid by the user for the specific product or service that gave rise to the claim.
- No Guarantees: Company does not guarantee that the Website will operate uninterrupted, error-free, or securely. Company is not responsible for any delays, delivery failures, or losses resulting from acts beyond its reasonable control, including but not limited to natural disasters, cyberattacks, or technical failures.
- Jurisdiction Limitation: Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, V&H’s liability shall be limited to the extent permitted by law.
Limitation of Product Liability
- General Disclaimer: Company ensures that all products sold on its Website are manufactured and packaged under strict quality control standards. However, Company disclaims all liability for damages, injuries, or losses arising from the misuse, improper handling, or failure to follow usage instructions of the products.
- Limitation of Liability: Company liability for any defective product is limited to the replacement of the product or refund of the purchase price, as determined under the Refund and Return Policy.
Company shall not be held liable for:
- Incidental or consequential damages arising from the use or inability to use the product.
- Allergic reactions or side effects caused by the product, unless explicitly stated in the product details.
- Variations in product characteristics such as color, texture, or taste due to the natural sourcing of raw materials.
- Product Safety Instruction: Customers are responsible for ensuring the safe use of products as per the instructions provided on the product packaging or on the Website.
Company shall not be liable for any damages resulting from:
- Failure to follow the product usage guidelines.
- Combining the product with incompatible substances or using it for unintended purposes.
- Allergy Disclaimer: Company products may contain natural ingredients that could trigger allergic reactions in sensitive individuals. It is the customer’s responsibility to review the product description, ingredient list, and allergy warnings before purchase. Company disclaims responsibility for any adverse effects caused by allergies or pre-existing medical conditions.
- Third Party Liability: Company is not responsible for damages caused by third-party handling, shipping, or storage of products once they leave Company’s control.
- Claim and Dispute: Any claims of product defect must be reported to Company customer support within 7 days of receipt, accompanied by proof of defect (e.g., photographs, description). Company reserves the right to investigate the claim and determine appropriate action, which may include replacement, refund, or rejection of the claim if misuse or external factors are identified.
- Jurisdiction Limitation: In jurisdictions where product liability laws impose mandatory protections or restrictions, Company will comply with the applicable laws, but liability will remain limited to the extent of price of Products purchased.
Termination
- Termination by Customer: Terms and Conditions can be terminated by customer at any time by discontinuing any further use of the Website.
- Termination by Company: Company reserves the right to terminate these Terms & Conditions at any time, with or without prior notice, at its sole discretion.
Upon termination, Company may deny you access to the Website without any liability to you. - Post Termination Obligation: Upon termination by either you or Company, you are required to promptly destroy any materials downloaded or obtained from the Website, along with all copies of such materials, whether made under these Terms of Use or otherwise.
- Outstanding Obligation: Termination of these Terms & Conditions will not cancel your obligation to pay for any products already ordered through the Website. Any liabilities or obligations that have arisen under these Terms & Conditions before termination shall survive such termination.
- Effect of Termination: Your rights to access or use the Website and its content will immediately cease upon termination. Company retains the right to enforce any rights or remedies arising out of your breach of these Terms of Use, even after termination.
Indemnity
You agree to defend, indemnify, and hold harmless Company, its employees, directors, officers, agents, successors, assigns, holding company, subsidiaries, affiliates, partners, or licensors, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including all legal fees, court fees or any other expenses arising due to dispute, arising out of or related to:
- Any claims resulting from your actions or inactions that may cause loss or liability to Company or any third party.
- Your breach of any representations, warranties, undertakings, or obligations under these Terms & Conditions.
- Your violation of any applicable laws or regulations, including but not limited to:
- Intellectual property rights.
- Payment of statutory dues and taxes.
- Claims of libel, defamation, or violation of privacy or publicity rights.
- Loss of service to other subscribers or infringement of intellectual property or other rights of third parties arising from your use of the Website.
- This indemnification obligation will survive the expiry or termination of these Terms & Conditions