Welcome to the website https://astaberry.com/ (“Website”) owned by Cipla Health Limited (“CIPLA”, “we”, “us” or “our”). The following Terms and Conditions constitute a legally binding agreement between the users of the Website and Cipla. Any reference to “you”, “your” or “User/Users” shall mean to include any person accessing, using, or availing any services available on the Website.

The access and use of this Website is subject to the Terms and Conditions as set out herein and all applicable laws. By accessing and browsing this Website, it is deemed that the User has read, understood, and accepted, without limitation or qualification, the Terms and Conditions set out herein. If you do not agree to the Terms and Conditions, you may not access or use this Website. By agreeing to these Terms and Conditions of this Website, you agree that you are the age of majority in your country of residence or province of residence.

In addition to the Terms and Conditions you also acknowledge and agree to be bound by our Privacy Policy available at Privacy Policy.

User Account

For purchasing any products through the Website, Users have the option to register themselves by creating an account on the Website. Users shall be responsible for maintaining the confidentiality and security of their account credentials and for all the activities that take place through such an account. In the event of any unauthorized use of your account, you shall immediately notify us of the same by writing to us on the ‘Contact Us’ information provided on the Website. We may temporarily suspend or block your account if we identify any breach or suspected breach of the security of your account.

Products

This Website offers information on certain products as well as the option to purchase such products (“Products”). The Products available on the Website are subject to the following -

1. The prices of the Products listed on the Website are subject to change at the discretion of CIPLA and without prior notice.  The prices billed to you will be the same prices in effect at the time of placing the order on the Website. All the Products and prices will be subject to applicable Indian tax laws.
2. Cipla reserves the right to discontinue any of the Products at any time without prior notice.
3. While CIPLA endeavors to ensure that the descriptions, content and the information related to the Products listed on the Website is accurate and up-to-date however, CIPLA does not warrant that the same is error-free or updated. The images of the Products listed are indicative and may not always resemble the actual Product.
4. The Products may be sold under promotional offers or offered at discounted rates at CIPLA’s discretion. Such offers and discounts shall be subject to terms and conditions specified in this regard from time to time. We reserve the right to cancel or modify these offers/discounts at any time.
5. The Products offered are not for resale unless you have entered into a separate arrangement or agreement with CIPLA in this regard and if you are found in breach or suspected breach of this condition, in addition to any legal action which CIPLA may initiate against you, CIPLA reserves the right to immediately suspend/terminate your access to the Website and suspend your account.

You acknowledge and accept that by placing an order for the Products available on the Website you are essentially making an offer to CIPLA for which a confirmation will be provided by email, WhatsApp, RCS and/or SMS. Users should make sure that the contact details and any other information provided at the time of placing an order including the delivery address is accurate and up-to-date. You agree to receive communications related to your order and transactions from CIPLA on the contact details provided by you. We may also communicate to you via email, WhatsApp, RCS and/or SMS about our promotional offers and discounts and you may opt-out of the same by writing to us at cipla.health@cipla.com.

User Submissions and conduct

Any reviews, comments or feedback given or any information that the Users otherwise transmit, post, submit on or through the Website shall be at their own risk and Cipla or any of its affiliates or partners shall not be responsible for the same in any manner and disclaim any liability whatsoever in this regard. We reserve the right to take down any content or material that is illegal, defamatory, libelous, obscene, offensive, abusive or objectionable or otherwise infringes any third-party intellectual property rights or privacy rights. CIPLA will cooperate with any law enforcement authorities or court order requesting or directing CIPLA to disclose the identity of anyone posting such information or materials. The User agrees to indemnify and hold CIPLA, its affiliates, directors, employees, consultants and partners harmless from any claim, demand or damage, including reasonable attorney fees due to or arising out of the User submissions, and or conduct of the Users on the Website or otherwise for User’s breach of any of the Terms and Conditions.

By posting the reviews, comments or any content or material on the Website, you grant us an irrevocable license to copy, reproduce, adapt, publish, display, create derivative works of such content across all platforms and media now known or devised later. In case of a change in control of CIPLA, CIPLA reserves the right to transfer the User submissions to the new entity in control.

Prohibited actions

You acknowledge that this Website is strictly for your personal use and shall not be used for any purposes whatsoever included but not limited to the following acts.

1. Copying, reproducing, selling, leasing, distributing, licensing or making any derivative works of the Website or any of the content contained on the Website.
2. Using the Website for any illegal or fraudulent or any such purpose which may result in violation of any law, rules or ordinance applicable in India or worldwide.
3. Making any false or misleading statements or impersonate any individual or perform any acts which will infringe the intellectual property or privacy rights of third parties.
4. Post, upload, email, transmit or otherwise distribute any content on or through the Website that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous or hateful to any other person or entity as we may determine in our sole discretion.
5. Gaining or attempting to gain unauthorized access to the Website or circumvent the security of the Website in any manner.
6. Allow the introduction of any program or data that has embedded in them any virus, worms or other harmful components such that it disrupts the operation of the Website.

Cipla or any of its affiliates or partners shall not be responsible for and disclaim all liabilities arising from your use or misuse of the Website.

Third party content and Links

The Website may contain links to third-party websites, which are provided as a convenience to the users. The links are not under the control of CIPLA, and inclusion of any link does not imply endorsement by CIPLA of such website. Further CIPLA has no control over any third-party websites which uses or includes the link to our Website. CIPLA or any of its affiliates, directors, employees, officers, partners or consultants make no claim, and are not responsible for, any information found in such third-party websites. You may access these links and websites at your own risk. CIPLA shall not be responsible in any ways for any data breach or any damages or consequences which take place through such third-party websites or plugins.

Payment

We offer the following payment options after you confirm your order with us-

1. Cash on Delivery (COD)
2. Online Methods of Net Banking/Debit Card/Credit Card
3. Any other mode of payment facilitators as may be made available on the Website.

The online payment options may apply to selected banks only. In the event that we are suspicious about the authenticity of your transactions or any of your activities, We reserve the right to decline any of the transactions without assigning any reason thereto. If any amount is debited from your account and not credited in our system, due to any network or technical failure because of which the order is not processed, such amounts usually get reversed in the same account. In this regard, we will not be responsible for delay from your bank to reverse such an amount back to your account.

Users understand that CIPLA is merely a facilitator to your online payment transactions using payment gateway networks and banking infrastructure. We will not be held responsible or assume any liability in any manner and disclaim all the liabilities and claims arising out any fraud or unauthorized transactions, any issues faced by you as a result of the default/deficiency in the services by your bank, any failure in the network systems or technical glitches, decline or delay in processing any transaction.

"Jhakaas Retail Private Limited is licensed to use and operate the Site and supply products directly to customers who transact using the Site. As a User of the Site and its services you are contracting with Jhakaas Retail Private Limited through these Terms"

Intellectual Property

Users agree and understand that all the intellectual property including but not limited to trademarks, logos, service marks, business identifiers, copyright including the trademarks, copyright, proprietary rights, trade secrets, known-how in the Products are the sole property of CIPLA or its respective owners or licensors. Nothing in this Site should be construed as granting any license or right to use any intellectual property or information without the prior written permission of CIPLA. You understand and undertake that You shall not copy, download, reproduce, distribute, perform, republish display, post, transmit, create derivative works of above-mentioned intellectual property and use the same only for personal and non-commercial use. You should assume that everything you read or see on this Site is copyrighted according to applicable laws, unless otherwise noted and may not be used except as laid down in these Terms and Conditions.

Copyright Notice

This Website and its content are subject to copyright protection. The contents of the Website should not be copied in any circumstances without the prior express consent of CIPLA. Except as expressly authorized herein, the User should not display, download, distribute, reproduce, republish, or transmit any information, text, images, documents contained on the Website, without the express prior written consent of CIPLA. The use of any content from the Website, without proper citation, is strictly prohibited and infringes on the intellectual property rights and may subject the User to civil and criminal penalties, including possible monetary damages, for copyright infringement. Any content, trademark(s), or other material that may be found on the Website that is not CIPLA’s property remains the copyright of its respective owner(s) and in no way does CIPLA claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner. User must first seek prior written permission from CIPLA if the User intends to use any information or incorporate portions of the information into a different website. The User is not allowed to link to CIPLA’s Website if the User is engaged in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts the reputation of CIPLA.

Limitation of Liability

The Website, the Products as well as any information included in or available through the Website may include inaccuracies or typographical errors. While we intend to make every attempt to keep the information in this Website current and up-to-date, CIPLA including its affiliates, directors, consultants and partners make no claims, promises or guarantees about the accuracy, completeness or adequacy of any information contained in this Website including the implied warranties of merchantability, fitness for a particular purpose, non- infringement or uninterrupted service. We do not warrant that the Website or the network system linked to it is free from any operational errors, virus, worm or any other harmful components though We shall take reasonable measures to remedy or avoid any such events. We shall not be held liable for any loss of service resulting from communication failures, equipment failures or for any events beyond the reasonable control of CIPLA

Nothing on this Website should be used as a substitute for the advice of competent medical practitioner and Users should consult a doctor regarding any healthcare related concerns or issues.

You hereby acknowledge and agree that CIPLA or any of its employees, agents, or affiliates shall not be liable for any losses or damages, whether direct or indirect, as a result of any unauthorized use or inability to use the Website, or any Products contained on the Website, reliance of any content contained on the Website or your use of any third party websites or links. This applies to all damages of any kind, including but not limited to any direct, indirect, special, incidental or consequential damages (including but not limited to loss of business or goodwill, revenue, or profits) whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise. Notwithstanding the foregoing, CIPLA’S sole and entire maximum liability for any reason, and Your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amounts paid by you to CIPLA for the services availed by you through the Website.

Termination

We reserve the right to suspend and/or terminate your access to the Website and your account, with or without notice, including suspending any pending orders for delivery in the event you breach any of the provisions of the Terms and Conditions stipulated herein. Where it is observed that there is any suspected illegal, fraudulent, indecent or objectionable activity on your accord, it may amount to grounds for terminating your access to the Website. Upon suspension or termination, we reserve the right to remove or delete your information including but not limited to login and account information and your right to the services on the Website shall immediately cease without notice.

Severability

If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be unlawful, invalid or void, the remaining provisions of the Terms and Conditions shall remain in full force and effect.

Force Majeure

CIPLA will not be liable for any failure to perform any obligations due to any cause beyond CIPLA’ s reasonable control including, but without being limited to acts of God, earthquake, any regulation or law of any government or agency, terrorism, political riot or disturbance, invasion, war, strikes, threat or preparation for war, storm, flood, severe weather conditions or natural physical disaster, epidemic or pandemic, governmental regulations or restrictions or any communications failures.

Territory

The Website and its contents are designed to comply with the laws and regulations of India and intended for access and use by Indian residents only. Therefore, any User who uses or accesses the Website from outside India shall use or access the Website entirely at his/her own risk and remain responsible for compliance with the laws of his/her jurisdiction.

Modification of the terms of use

We reserve the right in our sole discretion to change, modify or otherwise amend the Terms and Conditions or any other document incorporated herein by reference, and you are advised to read the terms and provisions of the Terms and Conditions for regular updates and your continued use of the Website following any such amendment to the Terms and Conditions will signify your acceptance to any such revised Terms and Conditions.

Governing Law

This Website is created and controlled by CIPLA in Mumbai (India) and as such the laws of India shall apply, and courts in Mumbai only shall have jurisdiction in respect of the Terms and Conditions.