HealthByChoice.in by Nityananda Health Care
HealthByChoice.in by Nityananda Health Care (hereinafter referred to as “HealthByChoice”) and the
users/registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on
which HealthByChoice offers You access to the Website and the Services (as defined below) through
ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE YOUR USE OF THE
WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE
www.HealthByChoice.in by Nityananda Health Care (“Website”) is an Internet-based portal, a
Proprietary Concern, with its registered office at Narottam Bhuvan, Panchavati Karanja, Panchavati,
Nasik, MS INDIA 422003, Use of the Website is offered to You conditioned on acceptance of all the
terms conditions and notices contained in these Terms, along with any amendments made by
HealthByChoice at its sole discretion and posted on the Website, including by way of imposing an
additional charge for access to or use of a Service
HealthByChoice shall not be required to notify You, whether as a registered user or not, of any
made available on the Website at the time of such use. You are requested to regularly visit the
Services provided on the WebsiteIf separate consent is not requested Your continued use of the
By (a) using this Website or any facility or Service provided by this Website in any way, or (b) merely
browsing the Website. You agree that You have read, understood and agreed to be bound by these
by Nityananda Health Care
HealthByChoice agrees to deliver the merchandise ordered by you only at available locations as per
the Order Confirmation Form HealthByChoice shall not be liable to deliver any merchandize or
Services purchased by Users for delivery in locations outside India shall not be entertained.
The Website is a platform that facilitates the online sale and purchase of branded merchandise and
services offered by HealthByChoice’s various affiliate/ registered merchants/ vendors/service
providers at a discounted price (“Services”) The Services are offered to the Users through various
modes which shall include, issue of coupons and vouchers that can be redeemed for various
services. The purchase of products and services on the Website shall be governed by the Terms of
Offer For Sale (“Terms of Offer For Sale”) Our website/portal is only operating as a platform and it
does not in any manner provide any services related to medical healthcare or lifestyles issues.
Eligibility to Use
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or
removed from the HealthByChoice system by HealthByChoice for any reason whatsoever. If You do
not conform to the above qualification. You will be refrained from the Services of the Website. You
represent that You are of legal age to form a binding contract and are not a person barred from
receiving services under the laws as applicable in India. However, if you are under the age of
eighteen (18), you can still use HealthByChoice’s services through your legal guardian, following the
HealthByChoice has the discretion to deny new users access to the services provided on the website
or to revoke access for existing users without providing any specific reasons for such actions.
Please note that it is not allowed to have more than one active account on the website. Also, it is
prohibited to sell, trade, or transfer your account to another party.
User Account, Password and Security
To access HealthByChoice’s Services available on their website, you must provide certain User
information and create an account with a HealthByChoice ID and password or other log-in ID and
password (such as Facebook, Gmail, Yahoo, or any valid email ID). The Services may also be subject
to additional guidelines, rules, terms of service, or notices, known as “Additional Terms.” If there is a
precedence for that specific service.
To use the Services provided by the Website, you must register as a User by creating an Account. It is
your responsibility to maintain the confidentiality of your Account Information and to ensure that
nobody else uses your Account. If you notice any unauthorized use of your Account Information or
any other security breach, you must immediately inform HealthByChoice. You must also make sure
to log out of your Account at the end of each session. Failure to comply with these rules may result
in loss or damage for which HealthByChoice cannot be held liable. If someone else uses your
Account without your authorization, you may be held responsible for any losses suffered by
HealthByChoice or any other user of the Website.
The Website also allows restricted access to the Services for unregistered Users.
Please make sure that the information you enter in the registration form on the website is complete,
accurate, and up-to-date. Using someone else’s account information to access the services is not
If you provide any information that is not true, accurate, current, or complete, or if such information
becomes untrue, inaccurate, not current, or incomplete, HealthByChoice may suspend or terminate
your account and deny any current or future use of the website (or any part of it). HealthByChoice
reserves the right to suspect such information and take appropriate action.
At HealthByChoice, our goal is to offer you the most competitive prices for the products and services
you purchase or use from our website. You can find specific pricing information for each item in the
Terms of Offer for Sale.
When using the Website to access Services, the credit/debit card details you provide must be
accurate and belong to you. Using someone else’s credit/debit card is not permitted. Your
information will only be shared if required by law or for fraud prevention. It is your responsibility to
keep your credit/debit card details secure. HealthByChoice does not accept liability for any
unauthorized use of your card.
HealthByChoice cannot be held responsible for any losses or damages caused by the rejection of a
transaction due to exceeding the preset limit agreed upon by HealthByChoice and our acquiring
bank. This applies to both you and the cardholder.
services it provides on a limited, non-exclusive basis.
By using the Services and materials provided on the Website, you are agreeing to utilize them only
commonly accepted practices or guidelines in your jurisdiction.
By agreeing to the “Use Of Materials” Section, you commit to following all restrictions and guidelines
regarding the distribution, utilization, and reproduction of any materials, including product
catalogues, that you access through the Website.
You agree not to access (or attempt to access) the Website and the materials or Services by any
means other than through the interface that is provided by HealthByChoice You shall not use any
deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website
or Content (as defined below), or in any way reproduce or circumvent the navigational structure or
presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not specifically made available through the Website.
By accessing or using the Website or Services, you understand and agree that there may be content
from other users that you may find offensive, indecent, or objectionable. HealthByChoice is not
responsible for any liabilities that may arise from such content on the Website. If you come across
such offensive content, you can report it using the guidelines provided in Section 17.
If the Website allows You to post and upload any material on the Website. You hereby undertake to
ensure that such material is not offensive and by applicable laws. Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or
Upload files that contain software or other material protected by applicable intellectual property
laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Website or another’s computer;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the
servers and networks which are connected to the Website). Attempt to gain unauthorized access to
any portion or feature of the Website, any other systems or networks connected to the Website, to
any HealthByChoice server, or any of the Services offered on or through the Website, by hacking,
password mining or any other illegitimate means;
It is not allowed to probe, scan, or test the Website or any network connected to it for
vulnerabilities, or breach any security or authentication measures. Additionally, you may not
attempt to reverse look up, trace, or seek information on other users or visitors of the Website or
any other customer of HealthByChoice, including HealthByChoice Accounts not owned by you. The
Website and its services should not be exploited to obtain any information beyond what is provided
by the Website, including personal identification information.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems
resources, accounts, passwords, servers or networks connected to or accessible through the
Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities
outlined in this Section
Use any device or software to interfere or attempt to interfere with the proper working of the
Website or any transaction being conducted on the Website or with any other person’s use of the
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these
rights of HealthByChoice or other third parties.
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know,
cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may apply for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
contained herein or elsewhere, and Reverse engineer, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from transfer, or sell any information
or software obtained from the Website.
of your obligations to HealthByChoice and any third parties. You also understand that any such
breach may result in consequences such as loss or damage to HealthByChoice, its affiliates, or its
You agree and acknowledge that HealthByChoice is not the seller of the products and the services
and HealthByChoice shall in no manner be deemed to be the seller of the products or services on
this Website, HealthByChoice is only facilitating the purchase of the products or services by You from
the vendor by providing the Services to You
By using the HealthByChoice website, you acknowledge and accept that the website may be
modified or discontinued at any time. The website reserves the right to charge, modify or waive fees
for users to access the website, and may offer opportunities to certain or all users.
Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, HealthByChoice
hereby grants You a non-exclusive, freely revocable (upon notice from HealthByChoice), non-
transferable access to view, download and print product catalogues or any other materials available
on the Website, subject to the following conditions;
You may access and use the materials solely for personal, informational and internal purposes, by
You may not modify or alter product catalogues or any other materials available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any
other materials available on the Website available to others;
You may not remove any text, copyright or other proprietary notices contained in the product
catalogues or any other materials available on the Website
Please note that the rights granted to you regarding the product catalogues and other materials do
not extend to the design, layout, or overall appearance of the website. These elements are
protected by intellectual property rights and should not be copied or imitated, either wholly or
partially. However, the product catalogues and other materials available on the website can be
copied or retransmitted, provided that HealthByChoice has given express permission to do so.
All software found on the Website is owned by HealthByChoice or its vendors. You are not allowed
to use, download, or install any software on the Website unless specifically permitted by these
When you buy merchandise or services from our website, please remember that it is only for your
personal use. By making a purchase, you agree not to sell, resell, trade or use the merchandise or
services for any commercial gain. Additionally, you cannot transfer the purchased items to a third
party for profit. Thank you for understanding and respecting these terms.
It is your responsibility to ensure that you have the necessary computer equipment and internet
connection to access, use, and transact on the website.
As a user, you must use this website only for reasonable and lawful purposes. It is important to
refrain from engaging in any activity that is not allowed on the website.
Please note that the use of this website and any vouchers or coupons purchased through it is
intended for personal, non-commercial use only. It is prohibited to resell these items to other
HealthByChoice will not be held liable for any losses or damages resulting from the rejection of
authorization for a transaction due to you or the cardholder exceeding the preset limit agreed upon
by HealthByChoice and our acquiring bank. This applies whether the loss or damage is incurred
directly or indirectly.
Intellectual Property Rights
HealthByChoice owns and controls the Website, including its processes and selection and
arrangement. The Content on the Website consists of text, graphics, user interfaces, visual
interfaces, sounds and music (if any), artwork and computer code. The design, structure, selection,
coordination, expression, look and feel, and arrangement of the Content is protected by copyright,
patent, trademark laws, and various other intellectual property rights.
The Marks, including trademarks, logos, and service marks, that are shown on the Website belong to
HealthByChoice or their vendors or respective third parties. You are not allowed to use these Marks
without the prior consent of HealthByChoice, the vendor, or the third party that owns them.
HealthByChoice is the owner of all intellectual property rights, including the trademark
“HealthByChoice” and the website, unless otherwise stated or any proprietary material is owned by
a third party. This includes copyrights, related rights, patents, utility models, designs, know-how,
trade secrets, and inventions (patent pending), as well as goodwill, source code, meta tags,
databases, text, content, graphics, icons, and hyperlinks.
Unless otherwise stated, you must obtain the necessary authorization from HealthByChoice or the
third-party owner of any Content before copying, republishing, posting, displaying, translating,
transmitting, reproducing, or distributing it through any medium.
The Website offers various general information from external sources, such as product catalogs, lists
of authorized dealers, news, entertainment, technology, features, ads including videos, images, and
photos of products, and other data (“Third Party Content”). You can also find similar Third Party
Content in the email you receive from HealthByChoice. Please note that the Third Party Content is
provided solely for general informational purposes. We acknowledge that the Third Party Content
we provide is obtained from sources considered reliable. However, we do not guarantee the
accuracy or reliability of any Third Party Content, and we will not be held responsible for any loss
you may experience based on your reliance on or use of such information.
Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW :
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY HealthByChoice ON AN “AS IS”
BASIS WITHOUT WARRANTY OF ANY KIND. EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HealthByChoice MAKES
NO WARRANTY THAT (1) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR
YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-
FREE. (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (III) THE QUALITY OF THE WEBSITE,
SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS, OR THAT (IV) ANY ERRORS OR
DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HealthByChoice OR
THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HealthByChoice WILL HAVE NO
LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL,
PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS HealthByChoice ALSO DISCLAIMS ALL LIABILITY
concerning THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
HealthByChoice WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF
UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE
WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE
HealthByChoice HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS
CORRECT, BUT HealthByChoice NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS
REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT
OR SERVICE HealthByChoice SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE
WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE FURTHER, HealthByChoice SHALL NOT BE HELD RESPONSIBLE FOR NON- AVAILABILITY
OF THE WEBSITE DURING PERIODIC MAINTE NANCE OPERATIONS OR ANY UNPLANNED SUSPENSION
OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON
BEYOND HealthByChoice ‘S CONTROL THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL
OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT
THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA HealthByChoice IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR
LEADING TO AN INVALID COUPON HealthByChoice ACCEPTS NO LIABILITY FOR ANY ERRORS OR
OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF
ITSELF OR THIRD PARTIES
HealthByChoice SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES THE
ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE concerning THE THIRD PARTY WEBSITE OR THE
PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly out of the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from
time to time.
The Company shall not be responsible or liable for the publication or hosting or storing or
transmission of any information by users or other persons which may harm minors; or
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order, or causes incitement to the commission of any cognisable offence, or
prevents investigation of any offence or is insulting any other nation.
The Company shall not be responsible or liable for any or all the liabilities or claims that may arise
due to non-compliance with medical or other related laws by doctors or medical practitioners on the
Indemnification and Limitation of Liability
affiliate vendors, agents and employees from any losses, liabilities, claims, damages, demands, costs
and expenses (including legal fees and disbursements) that may arise due to any breach or non-
performance of any representation, warranty, covenant or agreement made by you. Additionally,
you agree to hold HealthByChoice harmless against any claims made by third parties that are related
to your use of the website or any damage caused by your material. It is important that you do not
Regardless of any conflicting information, HealthByChoice’s liability to you, as outlined in these
product, or service that has caused the unlikely liability.
HealthByChoice, its officers, directors, employees, partners, or suppliers shall not be held liable for
any special, incidental, indirect, consequential, or punitive damages, including those resulting from
the loss of use, data, or profits. This applies to You, the vendor, or any third party. These damages
may or may not be foreseeable, and HealthByChoice may or may not have been advised of such
damages. This includes any claim arising out of or in connection with Your use of or access to the
Website’s services or materials, regardless of the theory of liability, including breach of contract or
warranty, negligence, or any other tortious action.
The restrictions and exceptions stated in this section are applicable to the highest extent allowed by
the law in force.
HealthByChoice finds that you have violated these terms, it may terminate your access to the
website without giving you prior notice and block your future access. Please note that violating these
terms could be considered an unfair and unlawful business practice, which could cause irreparable
harm to HealthByChoice. In such cases, HealthByChoice may seek injunctive or equitable relief, in
addition to any other remedies available at law or in equity.
You agree that HealthByChoice may, in its sole discretion, and without prior notice, terminate Your
access to the Website, for cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies: (2) a request by You (self-initiated account deletions),
(3) discontinuance or material modification of the Website or any service offered on or through the
Website, or (4) unexpected technical issues or problems.
situation, you will have to pay all the reasonable attorneys’ fees and costs of the action, along with
any other relief granted to HealthByChoice.
If you wish to terminate your agreement with HealthByChoice, you may do so by either not
accessing the website or closing your accounts for all of the services that you use, if HealthByChoice
has provided this option to you.
terms, conditions, or policies. This can happen at any time, with or without notice. It may also occur
if You have demonstrated that You do not intend or are unable to comply with them.
HealthByChoice may be obligated to cease providing Services to you if it becomes unlawful or if
there is a legal requirement to do so.
HealthByChoice has deemed that providing the Services to you is no longer commercially viable.
Therefore, HealthByChoice has decided to discontinue access to the Website, the Services (or any
part thereof), with or without reason.
HealthByChoice has the right to terminate or suspend Your account or access to the Services, with or
without reason. Termination of Your Account may involve: (i) revoking access to all features on the
Website or related to the Services, (ii) erasing Your materials and Account Information, including
Your personal information, log-in ID and password, and all associated information, files, and
materials in Your Account, or any part of it, and (iii) disallowing further use of the Services. Please
note that Additional Terms that are applicable to a specific Service may outline different termination
By using HealthByChoice’s services, you acknowledge that any terminations will be at the sole
discretion of HealthByChoice. Furthermore, HealthByChoice will not be held liable for any account
termination (including the deletion of any account information) or the discontinuation of your access
to their website and services. This applies to both you and any third parties involved.
chooses to terminate them.
If you or HealthByChoice decides to end your use of the website, HealthByChoice may remove any
content or materials associated with your usage of the website. HealthByChoice will not be held
responsible to you or any other party for taking this action.
The laws of India, without considering conflict of laws principles, will govern the relationship
between you and HealthByChoice, including all transactions conducted on or through the website.
By using the Website and engaging in any transactions on it, you agree that any disputes, claims, or
differences that arise will be subject to the jurisdiction of the courts in New Delhi, India. You also
agree to accept and submit to the authority of these courts regarding any matters related to the
objectionable content on our website, kindly report it to our HealthByChoice customer support
When you use the HealthByChoice website, you are acknowledging and agreeing to our Privacy
Policy. We assume that you have read and fully comprehended its contents, and that you are
comfortable with its terms.
By using the HealthByChoice website, you are giving your consent to receive communications via
SMS, email, phone, and WhatsApp regarding services provided by HealthByChoice.
A User can unsubscribe/ opt-out from receiving communications from HealthByChoice through SMS
and e-mail anytime by:
Email unsubscribe@HealthByChoice.in to unsubscribe from messages/ SMS and Newsletters are
sent daily to the registered email address by clicking on the unsubscribe option attached at the
bottom of the newsletter received through email.
Please be informed that all notifications from HealthByChoice will be sent via email or through
general notifications on the Website. If you need to send a notice to HealthByChoice regarding the
party without needing your permission.
In the event that a court of competent jurisdiction deems any provision or portion of the Terms of
Use unenforceable, that provision will be enforced to the maximum extent permissible to fulfill the
force and effect.
any time. Failure to enforce a provision or related right does not indicate a waiver of that provision
or right by HealthByChoice.
Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential HealthByChoice
shall be free to use such information on an unrestricted basis. Further, by submitting the feedback.
You represent and warrant that (i) Your feedback does not contain confidential or proprietary
information of You or third parties, (ii) HealthByChoice is not under any obligation of confidentiality
expressed or implied concerning the feedback; (iii) HealthByChoice may have something similar to
the feedback already under consideration or in development, and (iv) You are not entitled to any
compensation or reimbursement of any kind from HealthByChoice for the feedback under any
Redressal Mechanism any complaints, abuse or concerns with regards to content and or comment or
breach of these terms shall be immediately informed to the designated Grievance Officer as
mentioned below in writing or through email signed with the electronic signature to
Grievance Officer (HealthByChoice.in)
Nityananda Health Care
Narottam Bhuvan, Panchavati Karanja
Panchavati, Nasik 422003 (MS) India
The company shall not be responsible for any communication, if addressed, to any non-designated
person in this regard. Nityananda Health Care reserves the right, in its sole discretion, to change,