TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this website https://www.nyumi.com (the “Website”).

This agreement is made between Ikaria Wellness Private Limited (“Owner/We/Our”) along with its team, employees, associates, affiliates, licensors, agents, service providers, third party partners or sponsors (hereinafter collectively referred to as “Team”) and You as a site visitor and /or member (“You/Your”). The use of this Website by You signifies Your agreement to both these terms and conditions (“Terms of Use”), the terms and conditions of the Website’s privacy policy etc., which are published, and uploaded on the Website for reference. By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted on the Website, you are deemed to have agreed to all the Terms of Use and the privacy policy of this Website. Prior to using this Website, please read these Terms carefully as you agree to be bound by them. Kindly print these terms of use or save a copy of these terms of use for Your records and in case you do not accept these Terms and Conditions, we recommend that you refrain from using this Website.

PURPOSE

Urban women globally are known to suffer from various nutrition deficiencies and as a result of which are anemic, and suffer with vitamin B12, lack and Vitamin D deficiencies among several other health conditions. Through this Website, Ikaria Wellness Private Limited wishes to make available Our various products, including a new range of nutraceuticals, multivitamins and gummy vitamins etc. (the “Products”) under the brand name ‘Nyumi’, ‘Ikaria’ and/or any other brand name on the Website. The Products in the Nyumi range intend to introduce a blend of the Ayurveda and Western sciences to cater to various everyday health and lifestyle related needs and to address concerns arising out of nutrition deficiency of consumers. To achieve Our mission, We have made Our range of the Nyumi Products available in taste appealing gummy formats so as to encourage consumers to ensure a daily intake of vitamins. For the purposes of maximized product availability, the Products have been made available online and offline. All Our Products shall not only be available offline through third-party stores, but will also be available online, through Our Website and other third-party websites, which we have commercially tied-up with.

THE PROVISIONS GOVERNING YOUR USE OF THE WEBSITE
This Website is the official website of the Owner. The Website is hosted in India and is subject to the laws governing the Republic of India. You are only authorized to use the Website (regardless of whether or not Your access to or use of this Website is intended) if You agree to abide by all applicable laws and to these Terms of Use and the privacy policy referred to in hereinabove. The Owner makes no representations that the Website is appropriate or available for use in other locations / jurisdictions. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws of such other jurisdictions. The content of the pages of this Website are for Your general information and use only.

Please note that these Terms of Use apply to all users of the Website (“Users”).

We encourage Your comments and feedback regarding the Products, including the Website. We request that You be specific in Your comments and feedback on the products. If You send Us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, Our property. None of the Submissions shall be subject to any obligation of confidence on Our part, and We shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, You agree that We shall exclusively own without compensation or further obligation on Our part, all such now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Website or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Any conduct by You that in Our sole discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to access the Website by any means other than through the interface that is provided by Us for use in accessing the Website.
Third Party website(s)/ content:
The content on this Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, designs, and artwork etc. is Our content (“Content”). The Website may contain links to/ content of third-party websites (“Third-Party Sites”) that are not associated with Us and that We have no control over content on such Third Party Sites. In the event, if any content on the Third-Party Sites infringes any Intellectual Property of any person, the Third-Party Sites shall be solely responsible for any loss caused and We shall not be liable for the same.
Unauthorized use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent shall be dealt with seriously and strict actions shall be taken against any such defaulter.
The Website may also promote / advertise other products which are not competing to the Products (“Non-Competing Products”).
Creating an Account:
To use certain features of the Website for ordering Products, posting rating/reviews, etc., You must set up an account on “Nyumi.com” with “Nyumi” or “Facebook” or “Google” (“Account”) and provide certain information about yourself as may be required, such as, Your name, gender, email address, account password, mobile phone number and billing/shipping address etc. All Your registration information shall be governed by Our Privacy Policy.
You represent and warrant that the information submitted by You is true, accurate and updated and that You shall always maintain the accuracy in such information.
You hereby understand and confirm the Account which you create and the password for the same are strictly for personal use and that You will not transfer Your Account to any third person and that You shall solely be responsible for the activities associated with Your Account. Further, in the event of any loss or damage to the Account which is a result of Your failure to maintain the confidentiality of Your Account, the Owner will not be liable for any loss or damages which are the result of such failure on Your part. In the event You suspect any unauthorized use of Your Account, then You shall immediately notify the Website of the same.
By creating this Account, You hereby agree to receive communications from us via email, telephone, SMS and chat. In the event You, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
The Website including the Products sold on the Website are for personal use of members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website’s services.
Revisions: We reserve the right at any time to change the terms of this agreement; change the services, including eliminating or modifying any content on or feature of the Website; or modify the prices of the Products on the Website. Any amendment we make shall be effective once we post a revised version of these Terms of Use on the Website. It shall be Your responsibility to review the terms and conditions of this Website regularly. Your continued use of the Website following the publication of any such changes will constitute Your agreement to follow and be automatically bound by the amended Terms and Conditions.
Membership/Usage/Eligibility: To be eligible to use the services of the Website, You must meet the following criteria and represent and warrant that You: (1) are 18 years of age (“Minimum Age”) or above. (2) You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with said Terms of Use. (3) You are solely responsible for protecting the confidentiality of Your username and password in relation to Your Account, and any activity under the Account will be deemed to have been done by You. In the case that you provide us with false and inaccurate details and/or the Owner has reasonable reasons to believe You have done so, we hold the rights to suspend Your Account and/or terminate this agreement without any notice and/or assigning any reason for the same and we shall not be held liable for the same.
PRODUCT INFORMATION

We shall attempt to be as accurate as possible with relation to the description of Our Products on the Website. However, We do not warrant that the Products description, colour, information is 100% accurate, current or error-free, thus in case You are unsure of whether Our Products are suitable for You, then We strongly urge You to consult Your physician or a medical professional before consuming them. The Site may contain typographical errors or inaccuracies and may not be complete or current. The Product pictures are indicative and may not match the actual product. We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of Our Products.

PAYMENT / FEES
The browsing and use of this Website is free of cost and this includes only the usage of certain services of the Website. You hereby understand that this no charge policy maybe amended at the discretion of the Owner.
While availing any of the payment methods available on the Website to purchase Our Products, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to the lack of authorization for any transaction(s), or, You exceeding the preset limit mutually agreed by and between you and the respective ‘Bank(s)’, or there being any payment issues arising out of the transaction which are not attributable to the Owner or due to any technical glitches and/or due to error in linked website/s.
All payments made against the Products on the Website by you shall be compulsorily in Indian National Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchase of the Products made on the Website.
The prices for all the Products mentioned on Our Website are inclusive of all applicable statutory taxes.
We shall make reasonable efforts to ensure that all facts relating to the prices and the availably of Our Products are accurate and are updated from time to time, however in the event of an occurrence of a rare error, regarding the price of a Product or it availability, then in such instances, we are not responsible for any inadvertent failures, omissions and/or errors and that we reserve the right to cancel the sale of the Products any at time.
We reserve the right to correct any inaccuracies or omissions related to the price of the Products and their availability/descriptions, even after You have submitted Your order, and shall have the right to change or update any other information at any time without prior notice.
We shall levy certain charges (“Delivery Charges”) to have the Products delivered to the shipping address mentioned in Your Account. The Delivery Charges shall be calculated in the following manner:
Kindly note that the Delivery charges quoted above are applicable on ALL Orders placed on the Website.
Delivery times of the Products may vary depending on the delivery location and on the availability of the Products.
Payment Mode: Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with Us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. The Website does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information You provide us at the time of purchase. The billing address should be identical/match shipping address to prevent fraudulent purchases.

Notwithstanding anything contained hereinabove, You hereby agree and acknowledge that depending on the mode of payment chosen by You towards making payment for purchasing Our Products, the Website may link to the payment gateways of the Bank of which the debit / credit card is held by You and You shall be subject to the privacy policies / disclaimer/ terms of use of such bank website as well. You hereby agree and acknowledge that You shall abide by the privacy policies / disclaimer/ terms of use of such Bank website as well.

Third Party Liabilities: The Website/ the Owner will not be a party to, or in any way be responsible for monitoring any transaction between You and/or other users and/or Third Party Sites through whom You purchase Our Products from, and that You should use Your best judgment and exercise caution where appropriate. Website/ Owner and its Team are not responsible for the content of these Third-Party Sites or for the security of Your personal information when You use such Third-Party Sites for purchasing Our Products or for making payments for the same. These Third-Party Sites may have their own privacy policies governing the storage and retention of Your personal information and security gateway password that You may be subject to. They may collect information such as Your IP address, browser specification, or operating system. It is recommended to review the Third-Party Sites’ privacy policy as it relates to safeguarding Your personal information. Inclusion of any linked website/ hyperlink on the Website does not imply approval or endorsement of the linked website / hyperlink by Website. We do not take responsibility for third party advertisements, hyperlinks or any other links, which are posted on the Website, nor do We take any responsibility for the goods or services provided by its advertisers as well as resultant services of endorsed initiatives.
Return/Refund: We shall make all possible efforts to ensure that You are completely satisfied with Our Products. And we are happy to issue a full refund based on the conditions listed below:
We shall give You Full Refund of the Payment on Your order if:
You received a defective Product; or
the Products ordered by You are lost or damaged during transit;
the ordered Products are past their expiry date.

Kindly note that the manner in which refund is made may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, then kindly allow 7 to 10 working days for refund money to appear in Your account. We regret any inconvenience caused by this time frame, as Bank policies are usually the reason for the delays in processing refunds and we have no control over that.

Request a Refund: To request a refund, simply email us on hello@nyumi.com with Your order details, including the reason why you're requesting a refund. We take customer feedback very seriously and use it to constantly improve Our quality of service.
If you have any queries, you may email us at hello@nyumi.com
Return Policy:
We shall make all possible efforts to ensure that the Products You order on Our Website are delivered according to Your specifications. However, should you receive an incomplete order, damaged or incorrect Product (“Faulty Order”), please notify us on hello@nyumi.com immediately or within 5 working days of receiving the Products so as to ensure prompt resolution. Please note that the Owner will not accept liability for such delivery issues if You fail to notify us within 5 working days of receipt of the Faulty Order.
Unauthorized charges on Your card: If You see charges on Your credit/debit card for Products on Our Website, but You have never created an Account or signed up, please check with Your family members or business colleagues who have been authorized to make purchases on Your behalf, to confirm that they haven’t made the transaction. If You’re still unable to recognize the charge, please report the unauthorized transaction within 30 days of this transaction to enable Website to begin an investigation at its sole discretion. Notwithstanding the foregoing, the Website / Owner does not give or make any guarantee on refund of monies due to unauthorized charges on Your card.
INTELLECTUAL PROPERTY RIGHTS

The content on the Websites with respect to the Website / the Owner, and the trademarks, service marks and logos contained therein ("Marks"), are subject to copyright and other intellectual property rights under Indian laws and conventions. You acknowledge that the Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) which is provided to You “AS IS” and “AS AVAILABLE” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Owner. All Content is copyrighted as a collective work under the applicable laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. For purposes of these Terms of Use, the use of any material on any other website or networked computer environment is prohibited. The Marks displayed on the Website are the Owner’s property and the property of other parties and You are prohibited from using any Marks without the written permission of the Owner or third parties, which may own the Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Website.

SUPPORT

If You have any questions, complaints or claims with respect to the Website then such correspondence should be directed to the address as given below:

Ikaria Wellness Private Limited,

412-B The Capital,

Opposite ICICI Bank,

Bandra Kurla Complex,

Mumbai 400051

+91 8291155181
PRIVACY POLICY

In order to safeguard all the personal information which, You may share on Our Website, We have formulated a Privacy Policy which is available for You to view on this Website, to ensure that Your personal information is sufficiently protected. Our Privacy Policy shall also govern Your use of Our Website in addition to these Terms of Use. Your continued use of the Website implies that You have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You grant consent to the Owner to use Your personal information in accordance with the terms of and purposes set forth in the Privacy Policy, and the same may be subject to amendment from time to time at the sole discretion of the Owner.

DISCLAIMER OF WARRANTIES

You hereby understand and agree that, to the maximum extent permitted by applicable law, the Website, and other materials provided on this Website is on an “AS IS” and “AS AVAILABLE” basis without any express, implied, statutory warranty including the implied warranties of title, non-infringement, merchantability or fitness for any particular purpose. We hereby make no warranty that Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free, or that the results of Our Products will be 100% effective; or that any errors or defects in the Website will be corrected. You understand and agree that any material or data downloaded or otherwise obtained through this Website is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties. To the fullest extent permissible under applicable laws, the Website/ the Owner, disclaim any and all implied liabilities, warranties and representations, etc., of merchantability and fitness for a particular purpose, title, accuracy of data, and non-infringement.

LIMITATION OF LIABILITY

IN NO CASE SHALL WEBSITE, THE OWNER AND THE TEAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON, THE INFORMATION ON THE WEBSITE OR FROM THE USE OF THE INTERNET GENERALLY. YOUR USE AND BROWSING OF THE WEBSIT IS SOLELY AT YOUR RISK. YOU SHOULD NOT SOLELY RELY ON INFORMATION ON THE WEBSITE AND SHOULD SEEK OTHER OPINIONS BEFORE TAKING ANY ACTION OR DETERMINING NOT TO TAKE ANY ACTION, WHICH COULD LEAD TO INJURY, HARM OR DAMAGE OF ANY KIND. PLEASE DO NOT CONSIDER THE INFORMATION PROVIDED IN THIS WEBSITE AS "MEDICAL ADVICE". THE WEBSITE DEVELOPED BY THE OWNER IS NOT A SUBSTITUTE FOR AN EXPERT OPINION OF A REGISTERED MEDICAL PRRACTITIONER AND/OR ANY OTHER EQUIVALENT MEDICAL CONSULTANCY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, WEBSITE/OWNER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

LEGAL DISCLAIMER

The Products featured on this Website are not intended to diagnose, treat, cure or prevent any disease. This Website is not intended to provide diagnosis, treatment or any medical advice, and the information provided on this Website is preliminary in nature and is to be referred to solely for educational purposes for understanding generic needs of physical health and is not intended to replace discussions with a physician or other healthcare provider. The Owner shall not liable under any circumstances with respect to any information on the Website including any recommendations relating to the consumption of multi-vitamins/ the Products for any health benefits. We recommend that You to consult a registered medical professional/ specialist for any additional or detailed information and/or expert medical advice(s), or regarding any queries related to individual health condition and/or regarding the consumption of Our Product/s and/or with respect to any case specific physical ailment(s), surgery(ies), medical treatment(s) and/or any other diagnosis.

The comment made in any forums on this Website by other users of this Website are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a registered medical professional.

We recommend that You at all times check the Product label and/or the packaging of the Products prior to consuming them. In the event of any discrepancies on the information of the Products and/or in the event You have queries about the contents of the Products, kindly contact us on: hello@nyumi.com, prior to consuming the Products.

We endeavor to keep the information up to date and correct. However, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the, Products, services, or related graphics contained on the Website for any purpose and We assume no liability in respect thereof. Any reliance You place on such information is therefore strictly at Your own risk.

We do not guarantee that the Products We make available for sale on the Website will give assured results and will meet all health conditions of the consumer and/or shall be without any side effects. In particular, the Products may have several generic side effects which shall be listed on the packaging of the Products for the consumer’s knowledge, and the purchase of the Products shall be deemed as express communication of such side effects to the consumer. We disclaim all liability for damages that may be caused to any consumer by any such informed consumption of the Products.

The aforesaid disclaimer holds good for the mobile applications, search engines, developer or server platforms, etc., of the Website, created and/or developed or to be created / developed by the Owner.

INDEMNITY

You agree to defend, indemnify and hold harmless the Website, the Owner including the Team, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to Your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right); (ii) Your violation of any term of these Terms of Use ; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms of Use and Your use of the service.

ENTIRE AGREEMENT

These Terms of Use and the privacy policy as shall be uploaded on the Website shall constitute the entire agreement between You and the Owner and its Team governing Your use of the Website, superseding any prior agreements between You and Website/ Owner and its Team, regarding such use.

SEVERABILITY

The failure of the Owner to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

GOVERNING LAW

The relationship between You and the Owner shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the services of Website. Notwithstanding the foregoing, You agree that the Website and the Team has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.

MISCELLANEOUS

Capitalized terms used herein but not defined shall have the same meaning as ascribed to it under the Privacy Policy as shall be uploaded on the Website along with these Terms of Use. You further agree that: (i) the section titles in this agreement are for convenience only and have no legal or contractual effect; (ii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between You and the Owner. Nothing contained herein shall constitute You as the agent of the Owner or otherwise entitle You to have authority to bind us for any purpose. You and the Owner agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

90 DAY MONEY BACK GUARANTEE ELIGIBILITY CRITERIA

We guarantee reduced hairfall for Nyumi Happy Hair Gummies consumed for 90 days. In order to apply for money-back, you need to fulfil the following requirements:

Proof that you consumed 2 Nyumi Happy Hair Gummies daily, for 90 days straight
Proof that you purchased 90 days stock of Nyumi Happy Hair Gummies
Weekly pictures taken of hair scalp, parting line, side view and front view of hair (from Day 0 - Day 90)
Weekly Hair Comb Test - comb your hair for 30 seconds, and count the number of hair on the comb. Repeat weekly. Keep videos and chart.
Refund request to be raised within 21 days of completing the 90th day of consumption.