TERMS OF USE

Welcome to the website of The Daily Herb. By registering with, using or visiting the Website (www.thedailyherb.in or the "Website", you agree to these Terms and Conditions of Use ("Terms" ) set out below. By going on to use the Website, you agree to be bound by these terms in their entirety.

1. All copyrights and other rights in the materials included in the Website, including, but not limited to audio clips, video clips, text and images, are owned and controlled by The Daily Herb or under license to it. You are not permitted to download, copy, broadcast, store, transmit, add to, create a derivative work, adapt or alter in any way the content of the Website, or any part of them, for any other purpose without the prior written permission of The Daily Herb.

2. In accessing the Website, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated, you may not copy, reproduce, download, post, store (including on any other website), distribute, transfer, transmit, broadcast, commercially exploit or modify in any way the Website’s material or content or permit or assist any third party to do the same. You agree: (i) to use the Website for lawful purposes only, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Website; (ii) not to use the Website in any way that may damage or disrupt another computer; (iii) not to transmit, upload or post any computer viruses or any harmful or deleterious files or programs; (iv) not to use the Website in a way that causes our online services to be interrupted, damaged, impaired or rendered less effective; (v) not to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety to anyone else; (vi) not to use the Website as a means to threaten, stalk, harass, abuse or insult anyone else; (vii) not to use the Website to collect personal data about other users (for example to use for "spam"); (viii) not to create a false identity that misleads others about the identity of the sender or the origin of a message, for example, you must not impersonate a The Daily Herb employee or another user or company; (ix) not to transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials, for example, junk mail, spam, chain letters, pyramid schedules or other similar materials; and (x) not to act in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.

3. The Website and its content is provided by The Daily Herb on an "as is" and on an "as available" basis. The Daily Herb makes no warranty of any kind, express or implied, in respect of the fitness of the Website and its content for a particular purpose or its satisfactory quality other than those warranties incapable of exclusion or restriction by reason of statute. Neither does The Daily Herb make any warranty or representation in respect of the accuracy or completeness of any information included in the pages nor in respect of the functionality and operation of the Website. By way of example only, The Daily Herb does not warrant that the service is error or virus-free or will continue uninterrupted. Under no circumstances (including where caused by the negligence of The Daily Herb, its employees, agents or contractors) except in cases of death and/or personal injury arising from The Daily Herb’s negligence will The Daily Herb be liable to you in contract, tort, negligence, statutory duty or otherwise for any loss or damage or compensation including, without limitation, direct, indirect or consequential damages, arising from your use or loss of use of the Website, or of the material contained within its pages.

4. These Terms and Conditions of Use shall constitute the entire agreement between The Daily Herb and yourself in respect of your use of the Website (including, without limitation any party thereof or any service provided therein) and shall supersede any and all prior arrangements, agreements and representations.

5. Each of these Terms and Conditions of Use shall be construed separately. In the event that the whole or part of any term or condition proves to be illegal or unenforceable, the remaining terms and conditions shall continue in full force and effect. Each provision of these terms excluding or limiting liability is to be construed separately and will apply and survive even if for any reason one or another of those provisions is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these terms excluding or limiting liability will remain in force notwithstanding any termination of these Terms.

6. Should you breach or if we have reasonable grounds to believe that you are likely to breach any of the Terms and Conditions of Use, The Daily Herb (in addition to any other rights or remedies that it might have) may suspend or terminate your access to the Website immediately and without notice. We will use reasonable efforts to give you reasonable prior notice if our intention to suspend or terminate your access unless your non-compliance is or could be against the law, is adversely affecting other users of our online services or could damage our reputation.

7. No waiver by The Daily Herb shall be construed as a waiver of any preceding or succeeding breach of any provision.

8. The Daily Herb reserves the right at its absolute discretion to alter and update these Terms and Conditions of Use. Such changes will be added to the Website from time to time. You agree that your continued use of the Website after the date of inclusion of such changes signifies your acceptance of these modifications. If you do not agree to any change in these Terms and Conditions of Use you must immediately stop accessing and/or using the Website.

9. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of India. Accordingly, any disputes arising shall be subject to the exclusive jurisdiction of the courts of Mumbai. The Daily Herb can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms.