Terms & Conditions
This Platform (as defined below) is owned and operated by Digitalist Tech Media Private Limited, a company incorporated under the laws of India and having its registered office at 701, Block 6, World Spa, West Wing, Sector 30, Gurgaon, Haryana- 1220001 (Company, Gytree, we, us, our).
- “Platform” means and includes the website (www.gytreeshop.com) and the application “Gytree”
- “Services” means the services provided by the Company through the Platform including but not limited to sale of various products, provision of content, as sought by You;
- “User Information” means any and all information provided by the User, including User’s name, age, sex, address, email and phone number, name of User’s child, sex and age, while signing up for the Platform or thereafter
- Digitalist Tech Media Private Limited is a company incorporated under the laws of India, with its registered office at 701, Block 6, World Spa, West Wing, Sector 30, Gurgaon, Haryana- 1220001, India.
- If there is any conflict:
- The User shall register themselves on the Platform before availing any Services.
- The User shall make requisite payment for the Services that the User wishes to avail.
- The Company currently places the following Services on offer which may be changed from time to time:
- Sale of various Products with a focus on feminine requirements which include but not are limited to nutraceuticals, proprietary foods, medical devices etc…;
- It is clarified, and the User understands and agrees that the Company is merely an intermediary and booking service and does not guarantee the veracity of the medical advice on Products being sold and the accuracy of medical information being imparted on them. The Users are recommended to take advice from a Registered Medical Practitioner, Dietitians or Nutritionists having the requisite qualifications to impart the medical advice as sought by the User. The User holds the Company free from any liability for any incorrect medical advice so imparted by Products on the Platform. Gytree does not take any responsibility for the efficaciousness of any Product being sold on the Platoform.
- Use of the Platform
- The Services are provided to the User only for your personal and non-commercial use and should not be shared with any third party whether individuals or otherwise.
- You agree to use all our Services in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein.
- In order to use the Platform, you agree to provide accurate information to the Platform. Failure to do so, may result in unintended consequences, medical and otherwise, which consequences shall be the sole liability of the User.
- You agree not to access (or attempt to access) the Platform by any means other than through the interfaces that are provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Website/Platform, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- When you use the Platform and/or access the Services/ Content You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; threatens the unity, integrity, defense, 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 of any other nation; infringes any patent, trademark, copyright or other proprietary rights; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Platform); attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Company , including any Company Account not owned by You, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform; disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; use the Platform or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India; violate the terms of the Agreement.
- In relation to the use and access of the Platform, its content, and features, you agree and undertake not to:
- impersonate another person;
- create User accounts by automated means or under false or fraudulent pretences;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Platform;
- violate or invade the privacy of any person or other Users;
- deceive or mislead the other Users of the Platform about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature;
- use the Platform for any unauthorized marketing purposes or for sending any unsolicited materials or spamming; and
- You shall use this Platform, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
- You agree that you will not create more than one User account or create a User account for anyone other than yourself without first receiving permission from such other person. The Company may, at its sole discretion, refuse to accept your registration due to non-compliance with any eligibility requirement for such registration.
- You shall, at all times, be responsible for any activities that are undertaken through your User account.
- You represent that you have all rights required to provide the information that you provide on the Platform, including the User Information and represent that it is true and accurate.
- The Company engages third party service providers, including courier services, for the purposes of fulfilment of your orders, as placed on the Platform. Your relevant information will be shared with such third parties as required.
- You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Platform. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
- You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates
- The User shall have to mandatorily register on the Platform to receive the Services as provided by the Company. The User shall make only one User account per person.
- The User may register on the Platform only if they have reached the age of maturity/consent in their country or 18 Years whichever is higher. In case of minors, parents must give their consent for the use of the Platform and its Services. The User represents that the User has all rights to enter into the Platform and avail the Services so provided and that in case of minors, the parents/legal guardian has given consent for the use of the Platform for availing services.
- The User shall be responsible for all activities undertaken through the User account.
- The User undertakes that all information provided at the time of registration is accurate and up to date. The User undertakes to maintain the accuracy of such information. Any consequences of inaccurate information shall lie solely on the User.
Use of Services
- You shall be required to make payment for use of Services and use the Platform to make any orders for any Products.
- The Company shall fulfil the orders as per the terms of sale and as per the Shipping and Return Policy.
- The Company also reserves the right to refuse Service/access to any User for any reason whatsoever, including but not limited to, non-payment for services or a breach of the terms and conditions of the Platform.
- The User understands and agrees that the content published on the Platform is purely informational in nature and is not to be used as medical advice without the express and essential consultations with qualified professionals. The information is for general information purposes only and may not be applicable to you. The Company shall not be responsible for your use of this information for making lifestyle changes or undergoing medical treatment. The Company has no liability towards the use of this information by you.
- The Company has copyright over all content on the Platform including the design of the Platform. The Customer understands and agrees that all intellectual property as on the Platform including copyright, trademarks, and patents is the sole property of the Company and any unauthorised use of the same shall result in legal action.
- You are not allowed to copy, transfer, download or republish any Content on the Website without the express permission/licence from the Company. Any such unauthorized use of Content shall be at the sole risk and liability of the User and the Company reserves the right to initiate appropriate legal action against such User.
Payments Related Information
- Payment Facility for Your orders: The Company may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of the Company’s fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
- For Your making payments for buying any products/Services on the Platform, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying products/Services on Platform and the Company does not control the same and shall be liable for the same.
Cancellation and Refund Policy
- Please see the Refund Policy
Disclaimers of Warranty and Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYTREE WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GYTREE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GYTREE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. GYTREE HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT GYTREE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. GYTREE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, GYTREE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND GYTREE 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. GYTREE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. GYTREE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
- In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns or partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the information contained in the Content, or for any other claim related in any way to your use of information contained in the Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the information contained in the Content or any other information posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. No Content provided on the Platform creates a patient-doctor relationship between the User and the Company. All Content provided on the Platform is merely for information purpose only. The Platform or the Company does not represent or warrant, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- You agree to indemnify, defend and hold harmless the Company , its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
- Notwithstanding anything to contrary in the Agreement(s), in no event shall the Company , its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, Services or Content.
Term and Termination
- The Agreement will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your agreement with the Company, You may do so by closing Your Account for all of the Services that You use, where the Company has made this option available to You.
- The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Content/Service to You by the Company is, in the Company's opinion, no longer commercially viable;
- The Company has elected to discontinue, with or without reason, access to the Website (or any part thereof); or
- In the event the Company faces any unexpected technical issues or problems that prevent the Website and / or Content from working.
- The Company may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Content and Service; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Platform and/or access to Content/Services.
- You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until the Company chooses to terminate them. The Company may inform the seller, RMP’s, diagnostic service providers and Health Professionals who have accepted Your purchase orders/bookings on the Platform, that this Agreement is terminated, and upon such information sellers, RMP’s, diagnostic service providers and Health Professionals may cancel the bookings/purchase orders. The Company may also cancel all Your non-fulfilled orders on the Platform without any obligation or liability towards You.
Governing Law and Jurisdiction
Report Abuse and Take Down Policy
- Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of the Company for the purpose of this Agreement shall be Ms. ____________ with email address: _______________. The Company may change the aforesaid details from time to time.
- General Provisions