Terms & Conditions

Effective as of June 1, 2020

Welcome to Aruhana

This website, https://Aruhana.com, (the “Website”) is operated by Pragt Brands. Throughout the site, the terms “we”, “us”, “our” and the name “Aruhana” refer to Pragt Brands.

These Terms and Conditions (“Terms”) and any other rules posted on this website, https://Aruhana.com, including  “Privacy Policy”, “Return Policy”, constitute an agreement between Aruhana and you, the customer, governing your registration for an account (“Account”) and/or your purchase of any products (each a “Product”) offered for sale on the Website.  These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, registering for an Account or purchasing a product from the Website, you represent that you have read, understood and agree to be bound by the Website terms.

If you do not agree to all the terms and conditions of this agreement,  or any changes we may subsequently make to the Website Terms, then you may not access the Website or use any services and you should terminate your Account and discontinue purchasing products from the Website.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Your rights to access the Website and purchase Products will terminate immediately and without further action, if you breach the Website Terms.

Eligibility to Purchase Products

In order to make a purchase on the Website, you must be of legal age in your State or Country of Residence and lawfully able to enter into and form contracts on the Internet. You will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address, a-mail address and other requested information as indicated. You will also be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. To make a purchase on the Website you will also need to have been issued a valid credit/debit card, and have authorized us to process a charge or charges on your credit/debit card in the amount of the total purchase price for your order. We reserve the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

By making an offer to purchase Products, you expressly authorize us to perform credit checks and, where necessary, to transmit or to obtain your credit card information or credit report information to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party fraud prevention or credit reference agency, which may keep a record of that information.

Orders

All orders are subject to acceptance and availability. Any Products in your “Cart” are not reserved and may be purchased by other customers until your order is complete and accepted by us. When you submit an order to us through the Website, you agree that you do so expressly subject to the Terms and Conditions current at the date you submit your order. You are responsible for reviewing the Terms and Conditions each time you submit an order.

Once you place an order, you will receive an e-mail with the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product. We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or are withdrawn or you do not meet the criteria set out in these Customer Terms & Conditions. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Website, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Until the time when we accept your order, we reserve the right to refuse to process your order. If we cancel your order at any time for any reason, we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).

If you discover that you have made a mistake with your order that you submitted to us, or wish to cancel your order, you must contact us immediately by sending an email to . Once your order is being processed, it cannot be cancelled.

Prices

We use geolocation to display the currency for your country. If your country is not detected or supported, prices and payment are in US Dollars. The prices are exclusive of any delivery charges and any additional taxes, fees or duties that may be collected by your local authorities. We collect VAT on orders made by customers from the EU. Once you add a product to the “Cart”, you can see the delivery charges that you must pay to us by entering your delivery address.

Prices shown on the Website are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Website are accurate and up to date, we may from time to time discover an error in the pricing of Products.

If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly, we will contact you to inform you that we have not accepted your order or that the relevant part of your order has been cancelled.  If you have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. If the Products are recalled while in transit, your refund will be processed once the Products have been returned to us.

Payment

Payments can be made by Visa, American Express, MasterCard, Apple Pay and any other methods which may be provided on the Website. Payment will be debited and cleared from your account in full at the time of your order placement. You confirm that the credit/debit card that is being used is yours and that there are sufficient funds or credit facilities to cover the cost of the Product(s) ordered.

All credit/debit card transactions on the Website are processed using a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. We do not store your credit card information on our Website, but rely on the gateway provider to do so. We cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.

Delivery

We are responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order, provided that it is located within an are that we ship to. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you and arrange for cancellation of the order. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you.

Our goal is to ship all purchased Products within five days of the date on which you place your order. If you order multiple different Products, your order may be processed with multiple shipments. Although it is our intention to deliver Product(s) in accordance with any confirmed delivery date we have given to you for any order which we accept, we cannot guarantee any firm delivery dates. We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage.

If delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including redelivery costs. We may also no longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).

Faulty Products

Products are faulty if they are received damaged or where a manufacturing fault occurs within 30 days of delivery. Products that are damaged as a result of normal wear and tear are not considered faulty.  If you return a damaged or faulty Product, we will refund the initial shipping charges paid by you in addition to the amount of the Product price. Please refer to our Return Policy for further information.

License to use the Website

We grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use only. You may only use the Website in the manner in which the Content you access is intended and in compliance with these Terms and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, products or services contained with the Website without our express written consent. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms are reserved and retained by Aruhana/Pragt Brands and/or its Content providers. The licenses granted terminate if you do not comply with these Terms and/or any other Website terms and conditions.

By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of your place of residence or any other applicable jurisdiction.  No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Website unless expressly reserved in these Terms.

Intellectual Property rights

The Website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Aruhana/Pragt Brands, our licensors or other content suppliers, and are protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Website, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Website and social media channels. We try to ensure that the Content is accurate and complete. Your use of the Website is at your risk. We do not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. Aruhana/Pragt Brands and its suppliers make no warranties about the Content or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. We reserve the right to withdraw, temporarily or permanently, any Content from the Website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Website, you acknowledge, agree and confirm that Aruhana/Pragt Brands is not liable to you or any third party for any such withdrawal.

Restrictions

You may not under any circumstances:

  • Copy or print any of the Content, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content.
  • Reproduce, download, modify, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the Content in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission.
  • Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means.
  • Mirror, frame, scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us.
  • Access the Website via any automated system, including, but not limited to “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure.
  • Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses, other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate our system or network, or otherwise attempt to interfere with or compromise the system integrity or security of our or any connected networks, or take any action to impact the proper operation of the Website.
  • Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website or circumventing any geo-blocking mechanisms.
  • Use the Website to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission.
  • Attempt to reverse engineer any aspect of the Website or attempt to derive the source code that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.

Account registration

To use some of the services or features made available on the Website, you may choose to create an Account.

When you register for an Account you are required to provide information about yourself that is true, accurate, current and complete in all respects. User who have created an Account (“Registered Users”) are able to manage their account through the “My Account” part of the Website after logging in. Please update your Account information if any of your registration information change. In creating an Account, you may not misrepresent your identity or your affiliation with any person or organization and you may never use another person’s Account for any purpose whatsoever. 

You do not need to create an Account to receive marketing information or purchase products that may be listed on the website.

We reserve the rights to change the registration requirements from time to time. You may terminate your Account at any time by sending an e-mail to with “Cancel Account” in the subject line. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances.

You are not allowed to share your Account information with third parties or allow third parties to use your Account. Please make sure to keep your account password confidential and be sure to sign out of your Account at the end of each session.  You are responsible for all the activity on your Account, including the use of your Account by other people who you may or may not have authorized to use your Account.

You must notify us immediately of any unauthorized use of your Account or breach of security by sending an e-mail to with “Unauthorized Account Use” in the subject line. Any activity that occur from using your access credentials, including any charges resulting from the use of your account, is your responsibility. Aruhana and Pragt Brands will not be liable for any losses caused by any unauthorized use of your account.

User Generated Material

In the case that we elect to accept user generated material, you may have the opportunity to submit or otherwise post content, a “User Submission”, in the form of reviews, ratings, comments, feedback or other materials on the Website and our social media channels (“User Generated Material”) that may be accessible and viewable by the public.

The User Generated Content must not:

  • Contain any material which is false, defamatory, libelous, harassing, threatening, discriminatory, bigoted, hateful, violent or otherwise offensive, inappropriate, damaging, disruptive or harmful.
  • Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act.
  • Create or threaten harm to any person or loss or damage to any property.
  • Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, credit card number, financial information, or any other information that may be used to track, contact, or impersonate that individual.
  • Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Aruhana/Pragt Brands or any other company or person.
  • Misrepresent your identity or affiliation with any person or organization, including Aruhana.
  • Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications.
  • Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on us or the networks or services connected to the Website or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties.
  • Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services.

We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, adapt, sublicense, translate, create derivative works from and otherwise exploit such content throughout the World, in whole or in part, for any purpose, in any media, including for any and all purposes, including commercial or marketing purposes, in all media formats now known or hereafter created, all without further notice to you, with or without attribution to you and without the requirement of any permission from or payment to you or any other person or entity.
We will own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material). You waive any moral rights you may have in and to your User Generated Material. With respect to User Generated Material posted by you, you represent that you created and own the rights to the content or you have the owner’s express permission to post such content, and that the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Website.

We may refuse, alter, or remove a User Submission without notice for any reason at our sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable.
If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, edit, modify and store all User Generated Material posted on the Website, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party posts or sends on or through the Website and social media channels, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and social media channels and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Website and social media channels that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Website and social media channels, whether or not it violates our Terms.

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Website and social media channels and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or any other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Website and social media channels, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Website and social media channels and from any claims related to the conduct of any other users.

Consent to Electronic Communication

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

By providing your email address, you consent to our using the email address to send you notices related to your use of the Website. We may use your email address to send you other messages, such as changes to features of the Website and other offers. Opting out of these messages may prevent you receiving email messages regarding updates, improvements or offers. When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services depends on your settings or their privacy policies.

Modification or Suspension of the Website and Right to Terminate your use of the Website

We reserve the right to change, suspend or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the Website shall not be considered to be a representation by Aruhana that such features will always be included on the Website. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

Linked Destinations and Advertising

The Website may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Website from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Aruhana only as a convenience.

Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that we are not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

Claims of Copyright or Intellectual Property Infringement

If you believe that any content appearing on the Website, including content created and/or displayed by Aruhana or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. Inquiries not relevant to the following procedure will receive no response. A notification of claimed copyright infringement should be e-mailed to us at with “DMCA Takedown Request” in the subject line.

To be effective, the notification must be in writing and contain the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Website that is reasonably sufficient to enable us to identify and locate the material.
  • How we can contact you, such as your address, telephone number and e-mail address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law.
  • A statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

Disclaimers

You understand that Products may contain materials that could be dangerous if handled improperly, and you acknowledge that Aruhana is not liable for any personal injury or property damage arising from any misuse of any Products offered through the Website. You further acknowledge that Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Products. You hereby agree not to use Products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

Warranty Disclaimer

The information, products and services included in or available through the Website are continually upgraded and updated. While Aruhana will use commercially reasonable efforts to verify the accuracy of any information it places on the Website, Aruhana does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. Accordingly, the website is provided “as is” and “as available” with no representation or warranty of any kind and your use of the website is entirely at your own risk. Aruhana expressly disclaims any warranty, express or implied, regarding the website including, but not limited to, any implied warranties of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatibility, security and accuracy, and all warranties that may arise from a course of dealing, course of performance or usage of trade. In states and jurisdictions in which the exclusion of warranty is prohibited, such exclusions shall only apply to the extent permitted. 

Aruhana does not warrant, endorse, guarantee or assume responsibility for any information, product or service provided, advertised or offered by a third party through the website or any Linked Site and Aruhana will not be a party to or in any way monitor any transaction between you and any Linked Site. Any such links are provided for your convenience only. If you choose to click on any such links, you acknowledge and agree that you, not Aruhana, are displaying its contents and you access such Linked Sites at your own risk. We expressly disclaim all liability for personally identifiable information that may be provided by any social media services in violation of the privacy settings that you have set in such social media accounts. You acknowledge and agree that any reliance on the information and other materials included on the Website shall be at your sole risk and responsibility. We reserve the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Website and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

Medical, Nutrition and Fitness Information

This Website does not provide medical advice. You expressly acknowledge and agree that all medical, nutrition and fitness information provided on the website, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by Aruhana or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of the advice of your physician or other medical professionals, a visit, call or consultation with your physician or other medical professionals, or information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. Should you have any health-related questions or an emergency, please call or see your physician or other healthcare provider promptly.

You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the Website and you should not use the Website or any content available through or via the Website for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Aruhana, its affiliates or any third party.

Indemnification

You agree to defend, indemnify, and hold harmless Aruhana from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Aruhana by any third party due to or arising out of or in connection with your use of and access to the Website, including any data or content transmitted or received by you; your violation of any term of these Terms; your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; your violation of any applicable law, rule or regulation; your User Generated Material or any that is submitted via your account; or any other party’s access and use of the Website with your unique username, password, or other appropriate security code.

You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

In no event shall Aruhana be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Products offered by Aruhana.

Limitations on Liability

The information, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Aruhana and/or its suppliers may make improvements and/or changes to the Website at any time.

The Suppliers whose third-party products and services are available on the Website are independent contractors and not agents or employees of Aruhana. Aruhana is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Supplier or for any personal injuries, death, property damage or other damage or expenses resulting, directly or indirectly, from such products and/or services.

Except for a breach of these terms of use by you (such as, for example, a commercial use of the Website in violation of these Terms), a violation of intellectual property rights or indemnification obligations or with respect to Products, to the maximum extent permitted by applicable law, in no event shall you or Aruhana and/or its affiliates, licensors, licensees, successors or assigns be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, goodwill or profits, arising out of or in any way connected with the use or performance of the Website, the delay or inability to use the Website, the provision of or failure to provide services and/or functionality of the Website, or for any Content, Products or Services obtained or purchased through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Aruhana and/or any of its affiliates, licensors, licensees, successors or assigns has been advised of the possibility of such damages. In Countries, States and Jurisdictions in which limitations of liability for consequential or incidental damages are prohibited, such limitations shall apply to the fullest extent permitted.

Except for a breach of these terms of use by you (such as, for example, a commercial use of the Website in violation of these Terms), violation of intellectual property rights or indemnification obligations or with respect to Products or Services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall your or our total liability for all damages, losses or causes of action, whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to us, if any, for accessing or participating in any activity related to use of the website or $60 (whichever is less).

Under no circumstances will Aruhana and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website, your data or your Account or the information contained therein. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. You waive and hold harmless Aruhana and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your Account or taken as a result of any such disclosure.

Aruhana makes no representation that the Website is appropriate or available for use at your location. When you access the Website, you are solely responsible for compliance with all local and other applicable laws. If you are dissatisfied with any portion of the Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.

Waiver and Severability

No waiver by Aruhana of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Aruhana to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.

Assignment

These Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms and Conditions without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

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