Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the Kazen Natural website and your engagement of manufacturing services provided by Kazen Natural Pvt. Ltd. ("Company," "we," "us"). By accessing our website or placing a manufacturing enquiry, you agree to be bound by these Terms. These Terms are governed by and construed in accordance with the laws of the Republic of India.

1. Company & Regulatory Status

Kazen Natural Pvt. Ltd. is a duly incorporated company under the Companies Act, 2013, engaged in third-party herbal supplement manufacturing, private label, and white label services. Our facility operates under:

• FSSAI Central License — Food Safety and Standards Act, 2006 (Sections 16, 22, 31); mandatory for manufacturers of nutraceuticals and health supplements
• AYUSH Manufacturing License — Drugs and Cosmetics Act, 1940; Drugs and Cosmetics Rules, 1945, Chapter IV-A, Rule 157, Schedule T GMP compliance
• WHO-GMP Certification — Certificate of Pharmaceutical Product (CoPP) from CDSCO/DCGI for pharmaceutical herbal products destined for export
• APEDA Registration — Agricultural and Processed Food Products Export Development Authority Act, 1985, for agricultural and herbal product exports

All manufacturing activities conform to Schedule T Good Manufacturing Practices (not Schedule M, which applies to allopathic drugs) as prescribed under the Drugs and Cosmetics Rules, 1945, including clean-room standards, batch documentation, and in-process quality control.

2. Manufacturing Agreement

All manufacturing services are subject to a formal Manufacturing Agreement executed between Kazen Natural and the client before any production commences. Pursuant to the Indian Contract Act, 1872 (Section 10), a valid contract requires free consent, competent parties, lawful consideration, and lawful object. Until a written Manufacturing Agreement is signed by authorised representatives of both parties:

• No binding obligation to manufacture arises from website enquiries, email correspondence, or verbal discussions
• Quotations provided are indicative and subject to change pending formal order placement
• WhatsApp or email communications do not constitute binding contracts

3. Intellectual Property & Confidentiality

3.1 Non-Disclosure

Before any proprietary formulation, brand information, or trade secrets are shared, both parties shall execute a Non-Disclosure Agreement (NDA) enforceable under the Indian Contract Act, 1872. Per established Indian jurisprudence (V.F.S. Global Services Ltd. v. Suprit Roy, Bombay HC), confidentiality clauses protecting specific trade secrets — without unreasonably preventing professional practice — are fully enforceable. Our NDAs are drafted to satisfy this standard.

3.2 Ownership of Custom Formulations

Under the Patents Act, 1970:

• Section 3(p) bars patent protection for inventions that are aggregations of known properties of traditionally known components (Ayurvedic formulations). Classic Ayurvedic formulas cannot be monopolised.
• Novel extraction processes, new delivery systems, and novel combinations demonstrating enhanced efficacy may be patentable. We assist clients in identifying patentable innovations.
• Formulations developed exclusively for a client remain the client's intellectual property upon full payment; we retain no rights to manufacture or supply the same formulation to competing brands.
• Pre-existing formulations from our library (500+ validated formulas) remain the intellectual property of Kazen Natural.

3.3 Copyright

All formulation development reports, SOPs, and quality documentation prepared by our team are protected as literary works under the Copyright Act, 1957 (Section 13). Work created by our employees in the course of employment is owned by Kazen Natural (Section 17). Documents delivered to a client under a paid engagement are licensed to the client for use with their brand only.

3.4 Traditional Knowledge Digital Library (TKDL)

India's TKDL database contains 448,764+ traditional Indian medicine formulations accessible to major patent examiners worldwide to prevent biopiracy. We verify all formulation development against the TKDL to ensure no traditional knowledge is misappropriated.

4. Regulatory Compliance Obligations

4.1 Labeling & Claims

Under the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and the FSS (Health Supplements, Nutraceuticals) Regulations, 2022:

• Any claim that a product prevents, treats, or cures a human disease is absolutely prohibited
• All health claims must be supported by adequate scientific evidence
• Labels must include all 15 mandatory elements per the FSS (Labelling and Display) Regulations, 2020
• The client bears sole responsibility for ensuring their brand's marketing claims are compliant with FSSAI regulations

Violations under Section 53 of the FSS Act carry penalties up to ₹10 lakh per offence. Kazen Natural is not liable for penalties arising from client-directed non-compliant marketing claims.

4.2 Raw Material Sourcing

All raw materials are sourced in compliance with:

• Wild Life (Protection) Act, 1972 (Schedule VI) — We do not source protected plant species without appropriate permits from the Chief Wildlife Warden
• CITES Appendices I & II — Export/import permits obtained for regulated botanical materials
• NPOP (National Programme for Organic Production) — Organic ingredients sourced from APEDA-accredited certified farms
• Heavy metal limits per AYUSH/Pharmacopoeia of India: Arsenic ≤10 ppm, Lead ≤10 ppm, Mercury ≤1 ppm, Cadmium ≤0.3 ppm

5. Payment Terms

Standard payment terms as specified in the Manufacturing Agreement:

• 50% advance upon confirmed Purchase Order (PO)
• 50% balance before dispatch of finished goods
• Custom payment terms available for enterprise clients subject to creditworthiness assessment
• All prices are in Indian Rupees (INR) unless expressly stated otherwise
• GST is applicable as per prevailing rates under the Goods and Services Tax Act, 2017

Advance payments are non-refundable after production has commenced. We shall not be liable for delays caused by client-side approval delays or changes to approved specifications.

6. Quality Assurance & Returns

We guarantee products manufactured to agreed specifications. Every batch is accompanied by a Certificate of Analysis (CoA) issued after third-party testing. In the event a batch demonstrably fails to meet agreed specifications as evidenced by NABL-accredited laboratory testing:

• We will arrange re-manufacture of the affected quantity at no additional cost, OR
• Issue a credit note of equivalent value for future orders, at our sole discretion

Quality claims must be raised within 14 days of delivery with supporting third-party test certificates. Claims raised after this period will not be entertained.

7. Product Liability

Under the Consumer Protection Act, 2019 (Chapter VI, Sections 82–87):

• A product manufacturer is liable for manufacturing defects, design defects, deviation from specifications, and failure to provide adequate warnings (Section 84)
• Kazen Natural's product liability is limited to the value of the specific manufacturing batch in question
• We are not liable for consumer claims arising from the client's marketing claims, product positioning, or non-compliant labeling
• The client (as the brand owner and seller) assumes liability under Section 86 of the CPA if they independently modify the product, provide their own warranties, or exercise substantial control over post-manufacture handling

8. Force Majeure

Per Section 56 of the Indian Contract Act, 1872 (frustration of contract), and our Manufacturing Agreement's force majeure clause, neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including: natural disasters, pandemic, government directives, supply chain disruptions of key raw materials, or regulatory suspension of operations. The affected party shall notify the other party within 72 hours of a force majeure event.

9. Limitation of Liability

To the fullest extent permitted by applicable Indian law:

• Our total liability in any matter shall not exceed the value of the specific manufacturing order giving rise to the claim
• We are not liable for indirect, consequential, incidental, punitive, or special damages, including but not limited to loss of revenue, loss of business opportunity, or market harm
• We are not liable for regulatory non-compliance arising from client-directed changes to formulations or labeling after our quality sign-off

Pre-agreed liquidated damages clauses in the Manufacturing Agreement are enforceable under Section 74 of the Indian Contract Act, subject to courts' power to moderate if disproportionate to actual loss.

10. Export Terms

For clients requiring export-grade products:

• CoPP (Certificate of Pharmaceutical Product) from CDSCO/DCGI is available for pharmaceutical herbal products on written request
• Phytosanitary Certificates for plant-based products are arranged through DPPQS/PQMS; validity is 7 days (perishable) or 30 days (non-perishable) before export
• The client is responsible for import compliance in their destination market; we provide documentation but cannot warrant that products meet foreign regulatory requirements
• CITES permits will be obtained where required for regulated botanical raw materials

11. Restraint of Trade

Any non-compete or exclusivity obligations in our Manufacturing Agreement are limited to the specific product, category, and contract term to comply with Section 27 of the Indian Contract Act, 1872, which renders overly broad restraint of trade agreements void. We retain the right to manufacture similar products for other brands using our standard library formulations.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of India. Any dispute arising from or in connection with these Terms or any Manufacturing Agreement shall be:

• First: Subject to good-faith negotiation between the parties for 30 days
• If unresolved: Referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in New Delhi, India
• Subject to court jurisdiction: Courts of Greater Noida, Uttar Pradesh, India shall have exclusive jurisdiction for injunctive relief and enforcement of awards

13. Amendments

We reserve the right to amend these Terms at any time. Amended Terms will be published on our website with a revised "last updated" date. Continued use of our services following publication constitutes acceptance. Material changes affecting ongoing Manufacturing Agreements will be communicated directly to the relevant clients.

14. Contact

Kazen Natural Pvt. Ltd.
Greater Noida, Uttar Pradesh 201306, India
Email: kazennatural@gmail.com  ·  Phone: +91 87964 79952
WhatsApp: +91 87964 79952