Welcome to www.ayurkart.in (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by Ayurkart Ecommerce Pvt Ltd, a Company incorporated under the Companies Act, 2013. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained here in (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, YOU (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
Our website provides an online shopping platform through which Sellers and Buyers (hereinafter collectively be referred to as “Users” or “You” or “Your”) may meet and interact online with one another for their sale and purchase transactions (collectively, the “Services”). Our website acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. You understand and agree that we are not a party to any agreement entered into between buyers and sellers. We have no control over the conduct of buyers and sellers (“Users”) using our site and services, and disclaim all liability in this regard.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1. OUR LEGAL COMPLIANCES:
1.1 This agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2.2 “www.ayurkart.in”means the online shopping platform and the services provided by it and its affiliates owned and operated by Ayurkart Ecommerce Pvt Ltd which provides a venue / platform to the Users to sell and buy the products via the website.
2.3 "Vendor" / "seller" shall mean the person or any legal entity who offers for sale, sells, displays, lists the products onwww.ayurkart.in, an online shopping platform and delivers the ordered products to the customers.
2.4 "Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale/purchases/buys from our website by placing an order for any products offered for sale on our website.
2.5 "User/You" means and includes Sellers and Buyers using or accessing the services provided on this Site and any person who access or avail this site for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.
2.6 “Listings” shall mean the products listed on our website by the Seller.
2.7 "Product/s" means and includes ayurvedic, organic and natural productslisted/ displayed and offered for sale on the Site by its Vendor/Seller along with the related description, information, warranties, procedures, delivery schedule etc.
2.8 “Account” shall mean the accounts created by the Users on our website in order to use the Services provided by us and require information such as name, address, contact number etc.
2.9 “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
2.10 “User content” shall mean all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
2.11 “www.ayurkart.inContent” shall mean all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding user Content.
2.12 “SNS” shall mean Social Networking Site such as Facebook, twitter etc.
2.13 “Third parties” shall mean any outside parties which are not a part of our website.
3.1 Our Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under the Indian Contract Act, 1872. You represent and warrant that you are at least 18 years old. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. Individuals who are minors i.e. under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities.
3.2 Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
3.3 If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
4.1 Registering on our website is free for the Users. It is mandatory for the sellers to create an account on our website in order to use our services. However, it is at the sole discretion of the buyers/customers whether to create an account or not. Buyers/Customers shall be allowed to use our services even if they don’t have an account with us.
4.2 In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we disclaim any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
a) In order to use the Website or the Services, you must register for an account with us (an "Account") and provide certain personal information including personal information such as name, email address, contact number and password.
b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.3 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.4 When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com.
4.6 You may not transfer or sell your www.ayurkart.inaccount and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
4.7 Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.8 One individual can own only one account in his/her name.
4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
5.1 The Website is a platform that Users (Sellers and Buyers) utilize to meet and interact with one another for their transactions (sale/purchase transactions). We shall not and cannot be a party to or control in any manner any transaction between the Website's Users. Our website is a venue enabling the users to list their products and buy any product listed on the Site at the price indicated therein at any time from any place. Our website has made its services available to use as a matter of convenience for the Users.
5.2 The sellers after signing up on our website shall list their products on our website for sale which may be bought/ purchased by the buyers/customers. Thus, the actual transaction of sale purchase shall take place when the buyer/customer clicks and "buys" a product on our website and pays for the product.
5.3 Once the buyer/customer pays for the product purchased by him/her, the seller gets an "order" and the customer receives a system-generated unique confidential PIN by SMS, email or both and then the product is delivered to the customer within the days/time as specified by the Seller to the customer, thus completing the cycle.
5.4 When the customer receives the product, he/she shall send the unique confidential PIN which they had received earlier by the seller on the same mobile number from which he/she had received the PIN. Once the customer/buyer does so then the money after deducting our commission and costs is transferred from our escrow account to the Seller’s account. Then the customer receives a confirmation email that the product was delivered, thus the transaction stands completed.
6. www.ayurkart.in AS A PLATFORM:
6.1 All commercial / contractual terms are offered by and agreed to between buyers and sellers (Users) alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, return policy and mode of delivery, warranties and after sales services related to goods and services. We do not have any control or determine or advise or in any way involve ourself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
6.2 We are not responsible for any non-performance or breach of any contract entered into between Users. Our website cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Our website may but is not obligated to mediate or resolve any dispute or disagreement between Users.
6.3 We do not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the products/items proposed to be sold or offered to be sold or purchased on the Website. In particular, our website does not implicitly or explicitly support or endorse the sale or purchase of any items or products on the Website. Our website accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6.4 Our website does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
6.5 Our website does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the products/goods offered by seller nor does it at any point gain title to or have any rights or claims over the products/goods offered by seller to buyer. Our website provides fulfilment and logistics services to sellers but still does not take possession or title of any product sold.
6.6 The Website is only a venue through which Users can reach a larger base to buy and sell products/items. We are only providing a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over the products vest with us nor shall we have any obligations or liabilities in respect of such contract.
6.7 We shall not be responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products, which are out of stock, back ordered or otherwise unavailable. All products are offered only for a restricted time and only for the available supplies offered by sellers.
6.8 You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
6.9 You release and indemnify us and/or any of our shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, our website cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
6.10 You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
7. PRODUCT DESCRIPTION/LISTING AND PRICING:
7.1 The Sellers are required to provide proper description of their product along with its price which they offer for sale on our website. Seller shall attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, we do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this website is accurate, complete, reliable, current, or error-free.
7.2 Before placing an order buyers/customers are advised to check the product description carefully. By placing an order for a product buyer/customers agree to be bound by the conditions of sale included in the product’s description.
7.3 Charges displayed on the site includes only the cost of the product. Service fee for payment, facilitation fee and shipping charges will be levied/charged extra as applicable. Similarly for any applicable refunds the full amount, which has been charged, is refunded in certain circumstances.
7.4 All prices and availability of products are subject to change without prior notice at our sole discretion.
7.5 The vendor shall ship the order within 72 hours from the time order has been placed. In case the shipment has not been done in time then a lead time of 48hours from then shall be given to the vendor. If the order is not shipped then order will be cancelled automatically and full refund will be done to the customer. The Vendor shall be charged 5% for such an act.
8. USE OF THE WEBSITE:
8.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which You do not have any right;
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Is misleading in any way;
(d) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses or advocates harassment of another person;
(f) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) Promotes an illegal or unauthorised copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) Contains video, photographs, or images of another person (with a minor or an adult).
(n) Tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins,friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website;
(p) Solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
(q) Interferes with another User's use and enjoyment of the Website and enjoyment of similar services;
(s) Harm minors in any way;
(t) Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonate another person;
(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) Shall not be false, inaccurate or misleading;
8.2 You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
8.3 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
8.4 You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
8.5 You shall not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
8.6 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
8.7 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website orsellers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.
8.8 You agree not to use any device, software or routine 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 Website.
8.9 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
8.11 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.
8.12 You shall not engage in any transaction in a product/item, which is prohibited by the provisions of anyapplicable law including exchange control laws or regulations for the time being in force.
8.15 It is possible that other users (including unauthorised users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorised uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on theWebsite. Please carefully select the type of information that you publicly disclose or share with others on the Website.
8.16 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services)
9. BUYER PROTECTION ON OUR WEBSITE:
9.1 All the Sellers selling on our website are well screened by our team before they are brought on board. Our website endeavours to ensure that the products you buy from our Website are genuine, authentic, products and are sold by well reputed and honorable merchants at the best prices possible. We also extend all the warranties, guarantees as entailed in the product by the seller to you, all this at a great price and with the best customer service in the industry. It is however clarified that our website seeks to ensure the aforesaid is only on a best endeavour basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the seller, for which the seller shall be solely responsible and liable.
9.2 If our website has suspicion or knowledge, that any of its users are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then we may while reserving its rights to initiate civil and/or criminal proceedings against users may also at its sole discretion suspend, block, restrict, cancel the user id of User and such necessary action against the User and/or disqualify that user from availing protection through this program.
9.3 Our website reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from availing protection through this program. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
10.1 The customers/buyers shall make payments to us via their debit or credit cards, which may be held in our Escrow account till the time goods are delivered to the customers.
10.2 Our website uses third party payment providers to receive payments from customer/buyers on seller's behalf. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
10.3 We take utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
10.4 Further, our website does not release the payment to sellers until the order has been received by Buyers and they are satisfied with it and have sent a confirmation message to us.
10.5 Our website reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
10.6 The Buyer and Seller acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
11. RETURN AND CANCELLATION POLICY:
11.1 The return and cancellation policy shall vary from vendor to vendor which shall be listed on the vendor’s listing i.e. along with the product description.
11.2 The customers/buyers shall be entitled to request return of product within a period of 7 days after delivery only if the product delivered was defective or a wrong or different product was delivered from the one, which the customer/buyer had ordered.
11.3 In order to replace your product you shall contact our customer support or if such product is not available for replacement your money will be refunded within 7 to 10 working days of such intimation received. However the customer shall make sure that the product/ merchandise is in the original condition with all original tags and packaging and is accompanied by its original price tag and packing slip. Please contact our customer support, so we can help facilitate your return.
12. FRAUDULENT/DECLINED TRANSACTIONS:
12.1 Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
12.2 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 authorisation 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.
13. YOU AGREE AND CONFIRM:
13.1 That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
13.2 That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
13.3 You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
13.4 That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
14. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
14.1 We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
14.2 This website will not be liable for delays resulting from incomplete address. In such cases the customer will have to bear the reshipping charges.
15. REVIEWS, FEEDBACK, SUBMISSIONS:
15.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
15.2 We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
15.3 Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
16. INTELLECTUAL PROPERTY OF COMPANY:
16.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of or any third party's intellectual property rights. All rights, including copyright, in this website are owned by www.ayurkart.in or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
16.2 The www.ayurkart.in names and logos and all related product and service and our slogans are the trademarks or service marks of www.ayurkart.in. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
16.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by copyright laws of India. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Copyright laws of India.
16.4 We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments shall survive any termination of this User Agreement.
19. LIMITATION OF LIABILITY AND DISCLAIMERS:
19.1 The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
19.2 The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
- The duration or manner in which, as a seller, your listings appear in search results.
19.3 To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
19.4 Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
20. GOVERNING LAWS AND JURISDICTION:
20.1 These Terms and any action related thereto will be governed by the laws of India without regard to or application of its conflict of law provisions or user’s state or country of residence.
20.2 Users agree to submit to the exclusive jurisdiction of the courts in Hyderabad, India in relation to proceedings arising out of this agreement.
21. DISPUTE RESOLUTION:
21.1 Generally, transactions are conducted smoothly on our website. However there may be some cases where both the Buyers and Sellers may face issues. We have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers. A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
21.2 We advise that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a buyer raises a dispute, the seller's payment for that order is put on hold immediately until the issue is resolved.
21.3 In case the Users are unable to amicably settle the dispute themselves then they shall write to us at email@example.com
If any dispute arises between you and us during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by us. The place of arbitration shall be Hyderabad, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
24.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
24.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
24.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) the email was sent to the specified email address.
25.SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
26. RISK OF LOSS:
All items purchased from our website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
27. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
28. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
30.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
30.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
31. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
32. DIGITAL SIGNATURE:
32.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
32.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
32.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
32.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
33. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
34. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at firstname.lastname@example.org.