Welcome to www.protense.in an online website and mobile application (collectively the "Website"). This website is operated by CREDENCE WELLNESS PRIVATE LIMITED. Throughout the Website, the terms “we”, “us”, “Company” and “our” refer to Protense, a brand of Credence Wellness Private Limited. Credence Wellness Private Limited offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The "Services" we provide or make available include: (i) the Website itself, (ii) the services provided via the Website and any client software provided via the Website, and (iii) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including any mobile application services) or other materials made available through the Website or its related services ("Content"). These Terms of Service (collectively, the "User Agreement") apply to all users of the Website (the "User", "you" or "your"), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read User Agreement carefully before using the Website or opening a user account ("Account") so that you are aware of your legal rights and obligations with respect to the Company and the use of the Services. If you are using the Services by using, accessing or browsing the Website and/ or registering an account with us, you agree to be bound by these Terms of Service in addition to the applicable laws and regulations of India. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This document constitutes an electronic record under the provisions of the Information Technology Act, 2000, along with the applicable rules and the amendments relating to electronic records in various statutes as modified by the said Act. It has been generated electronically by a computer system and does not require any physical or digital signature.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with the User Agreement, without any right to sub-license. This license does not extend to any proprietary content, trademarks, service marks, brand names, logos, or other intellectual property displayed on or accessible through the Website, all of which are protected under applicable intellectual property laws in India. By accessing or using the Services, you agree to comply with these laws and refrain from copying, distributing, reproducing, modifying, selling, displaying, or creating derivative works from the Website, its Content, or Services. Further, without prior written consent, you may not frame, mirror, or use automated tools such as robots or spiders to monitor or copy any part of the Website, except as permitted for standard search engine technologies.
2.1 In accordance with the applicable Indian laws, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this Website. You must immediately exit the Website if you are a minor, as the Website is neither intended nor designed to attract or market to individuals below the age of majority. By accessing the Website, you confirm that you have attained the age of majority and possess the capacity, competence, and understanding to agree to and abide by the User Agreement.
2.2 You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You must not transmit any worms or viruses or any code of a destructive nature.
2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services and the Company reserves the right to take any legal or other action against you, including but not limited to denying access to the website and reporting to appropriate authorities.
2.5 The Company reserves the right to, with prior notice: (i) terminate or suspend your Account, (ii) revoke your access to the Website, (iii) suspend or cancel transactions linked to your Account, (iv) delete any Content connected to your Account, (v) withhold any refunds and (vi) take any other measures we consider necessary.
3.1 While describing our Products and other information on the website, we endeavour to be as accurate as possible. However, we are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
3.2 Please note that the Product pictures are indicative and may not match the actual Product. While We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. The packaging of products may vary from that shown on the Website.
4.1 We sell certain products through the Website (the "Product(s)"). The Products or any sample thereof are for personal use only and you may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise.
4.2 Prices for our Products are subject to change without notice.
4.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.5 We make no representation(s) that the Products are appropriate for particular use or available for purchase. The inclusion of any Product or services on the Website at a particular time does not imply or warrant that these Products will be available at any time. You use the Website and purchase the Products solely at your own risk. The Products are in compliance with applicable laws and regulations on safety and quality of the Products.
5.1 All the Products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of the User Agreement.
5.2 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
5.4 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.1 Card transactions are handled through third-party payment gateways, and the types of credit cards accepted may differ based on your jurisdiction. We offer secure digital payment options and channels that comply with the technical and regulatory requirements prescribed under applicable laws.
6.2 For any charges or deposits relating to Products ordered through the Website, payment will be processed via your bank card or any other available payment method, and you agree to settle all such amounts. By providing your card details, account numbers, or other payment information, you confirm that you are the authorized holder of the card or account used for the transaction. Should legal action be required to recover outstanding dues, you agree to reimburse us or our representatives for all costs incurred, including legal fees and related expenses. An invoice will be issued in accordance with the applicable laws and regulations in India, and additional taxes may apply to online transactions conducted through the Website.
6.3 We take no responsibility and assume no liability for any loss or damages to you arising from shipping information and/ or payment information entered by you. We reserve the right to check whether you are duly authorised to use certain payment methods and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
7.1 The Website is dependent on other third-party service providers for certain operational aspects (such as website domain hosts and payment services providers), and also due to the nature of the Internet, the Company makes no warranty that your access to the Website or use of the Services will be uninterrupted, timely or error-free, or will be free of viruses, worms and/or other harmful or invasive elements. We shall not be liable to you where access to the Website or the provision of Services is disrupted for any reason not within the control of the Company.
7.2 Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8.1 Only registered Users may access password-protected or secure areas of the Website or use the Services. You are permitted to create and maintain only one Account. You are solely responsible for safeguarding the confidentiality of your Account details, including your password, and for managing access to your Account. You acknowledge and accept responsibility for all activities carried out through your Account. Each Account is strictly non-transferable and may not be sold, exchanged, or shared with any other individual.
8.2 When registering for an Account, you must provide accurate, truthful, and complete information. At any point, we may request additional details or supporting documents to confirm the authenticity of the information submitted or in relation to your use of the Services. It is your responsibility to keep your Account information current and accurate, and all personal data will be stored securely. If you refuse to provide the required information or if we have reasonable grounds to believe that the information supplied is false, misleading, or fraudulent, we may, after giving you notice, suspend or terminate your Account and deny access to part or all of the Services.
8.3 If you access, browse, or use the Website on behalf of another person, you represent that you have the authority to bind such person to the User Agreement. If that person refuses to be bound as a principal to the User Agreement, you agree to assume full liability and indemnify the Company against any loss or harm resulting from such unauthorized or wrongful use of the Website.
8.4 You shall not attempt to gain unauthorized access to any restricted areas of the Website, Services, or other protected information through means not deliberately provided for your use, as such conduct may amount to an offence under applicable Indian laws. In the event you are aware of or suspect any breach of security relating to your Account, you must notify us immediately. Upon detecting or reasonably suspecting such a breach, we may, after providing notice, require you to reset your password or temporarily suspend or permanently block your Account without any liability on our part.
8.5 You bear sole responsibility for all content, information, or comments uploaded, posted, emailed, or transmitted through the Website, and such information will be handled in accordance with our Privacy Policy and applicable laws. Further, you remain fully accountable for all activities carried out using your Account, regardless of whether such activities were authorized by you, and the Company shall not be held liable for any loss or damage resulting from unauthorized use of your password or your failure to comply with these obligations.
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
9.3 You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy [hyperlink].
11.1 Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:
12.1 for any unlawful purpose;
12.2 to solicit others to perform or participate in any unlawful acts;
12.3 to violate any law for the time being in force;
12.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
12.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
12.6 to submit false or misleading information;
12.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
12.8 to collect or track the personal information of others;
12.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
12.10 to threaten 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 other nation;
12.11 for any obscene or immoral purpose;
12.12 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
13.1 This disclaimer constitutes an essential part of the User Agreement.
13.2 The Company makes no representation or warranty, express or implied: (a) That Your use of our service will be uninterrupted, timely, secure or error-free. (b) That the results that may be obtained from the use of the service will be accurate or reliable. (c) That no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
13.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.5 To the maximum extent permitted by applicable law, we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing via email at Info@protense.in that you no longer wish to use our Services, or when you cease using our Website.
16.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16.3 Any such termination of your Account shall not cancel your obligation to pay for Products already ordered from the Website or affect any liability that may have arisen prior to termination.
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18.1 These Terms of Service and any separate agreements whereby We provide You Services shall be governed by and construed in accordance with the laws of India.
18.2 The parties submit to the non-exclusive jurisdiction of Delhi courts to settle any disputes which may arise out of or in connection with these Terms Of Service.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
21.1 Questions about the Terms of Service should be sent to us at support@protense.in.
21.2 In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at the below mentioned details:
Name: Sayali Gaikwad
Designation: Grievance Officer
Email address: grievance.officer@protense.in
CREDENCE WELLNESS PRIVATE LIMITED
Address: C-733, 3RD FLOOR, SUSHANT LOK 1, SECTOR 43, GURUGRAM, HARYANA – 122001, INDIA.