Terms and Conditions


PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, healthplusdoctor.com(the "Website"), H+D ("Health+ Doctor") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. H+D reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. H+D will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. H+D encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with H+D for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

Introduction :

These Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website; you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms and Conditions.

3 Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, H+D and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions :
You are expressly and emphatically restricted from all of the following:
  1. Publishing any Website material in any media.
  2. Selling, sublicensing and/or otherwise commercializing any Website material.
  3. publicly performing and/or showing any Website material.
  4. Using this Website in any way that is, or may be, damaging to this Website.
  5. Using this Website in any way that impacts user access to this Website.
  6. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.
  7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.
  8. Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by you and H+D may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Your Content :

In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant H+D a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. H+D reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

No warranties :

This Website is provided “as is,” with all faults, and H+D makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of liability :

In no event shall H+D, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and H+D, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

H+D entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

H+D will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from

  1. The use or the inability to use the website content or products;
  2. The cost of procuring substitute products or content;
  3. Any products purchased or obtained or transactions entered into through the website; or
  4. Any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

Indemnification :

You hereby indemnify to the fullest extent H+D from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

You will release, indemnify, defend and hold harmless H+D and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of

  1. This Agreement or the breach of your warranties, representations and obligations under this Agreement;
  2. The Website content or your use of the Website content;
  3. The Products or your use of the Products (including Trial Products);
  4. Any intellectual property or other proprietary right of any person or entity
  5. Your violation of any provision of this Agreement; or
  6. Any information or data you supplied to H+D. When H+D is threatened with suit or sued by a third party, H+D may seek written assurances from you concerning your promise to indemnify H+D; your failure to provide such assurances may be considered by H+D to be a material breach of this Agreement.

H+D will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of H+D choice at its expense. H+D will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend H+D against any claim, but you must receive H+D prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

Severability :

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms :

H+D is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment :

H+D shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement :

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between H+D and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction :

These Terms will be governed by and construed in accordance with the laws of the State of Delhi, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delhi for the resolution of any disputes.

This Website originates from the Delhi. This Agreement will be governed by the laws of the State of Delhi without regard to its conflict of law principles to the contrary. Neither you nor H+D will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this agreement, other than in courts located in State of Delhi.

By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation :

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy :

Please refer to H+D privacy policy, incorporated by reference herein that is posted on the Website.

Force Majeure :

H+D will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation :

H+D may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement :

This Agreement comprises the entire agreement between you and H+D and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver :

The failure of H+D to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Termination :

H+D reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and H+D may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, H+D reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until H+D chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use

You may not assign your rights and obligations under this Agreement to anyone. H+D may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

Agreement to be bound :

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.