Thank you for choosing to use https://grainforests.com/. The Website acts as a Website for the sale of Alswamitra Botanicals LLP’snutraceutical product range (“Products”) which are marketed and sold under Grainforests.
These Terms maybe subject to change from time to time and you are required to regularly check for updates and accept the updated Terms before proceeding to use the Website. We may on a best effort basis inform Users of the changes via e-mail communication to your e-mail address that you share with us when you purchase a Product from the Website.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ELIGIBILITY AND SCOPE OF USE:
- By using the Website either as a Visitor or by registering on the Website as an Alswamitra Customer you warrant that you are competent to contract as per the laws of India and are not barred from contract under the laws applicable to you. In the event you opt to become a Subscriber, you further agree to:-
- Provide us with true, accurate, current and complete information about yourself while registering on the Website; and
- Maintain and promptly update information provided by you at the time of registering as a Subscriber to ensure that your information continues to remain current, accurate and updated.
- You shall be eligible to use the Website and place purchase requests for the Product only if you are of legal age to enter into contracts as per the laws of India and meet the other applicable conditions as contained herein below.
- In the event that We determine that a User is incompetent to contract within the meaning of the Indian Contract Act, 1872, we will deem you to be ineligible and immediately suspend all further use of the Website by you and suspend your access to the Account.
- If you are accessing the Website and/or purchasing the Products on behalf of a corporate entity, you represent and warrant to Alswamitra that you are authorized to bind the corporate entity on behalf of which you are accessing and using the Website.
- The Website access and the Products you may purchase are only authorized for sale within India and all representations and warranties made herein are applicable only in so far as the Website is accessed from India and the Products are purchased for use in India only. Alswamitra only takes on the obligation to deliver the Products only within India. Alswamitra specifically disclaims all warranties in the event that you intend to use the Website and the Products outside India. It is the User’s complete responsibility to ensure compliance with the local laws of the jurisdiction outside India in the event that the User intends to finally use the Product outside India. Regardless of where you intend to use the Products, your purchase request for a Product through the Website will be confirmed only if you enter an India address for final delivery to you by Alswamitra. All further distribution of the Products or resale authorized by Alswamitra outside India shall be the User’s sole liability.
OWNERSHIP OF WEBSITE AND RIGHTS GRANTED TO YOU:
- The Website is owned and fully operated by Alswamitra and whenever you access or use the features on the Website you will be subject to these Terms. As long as you comply with the Terms, we grant to you a personal, non-exclusive, non-transferable, personal and limited privilege to access and use the Website solely for the purpose of searching the Products listed on the Website, registering your Account to register as an Alswamitra Customer or placing orders for Products selected chosen by you for purchase once you have provided us the necessary information requested for processing your purchase request further.
- 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 explicit permission of Alswamitra. All information displayed, transmitted or carried on the Website including Products listed for sale is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by other third parties. The Website is designed, updated and maintained by Alswamitra or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
CUSTOMER REGISTRATION AND USE OF YOUR INFORMATION:
- If you intend to purchase Products from the Website, you will be required to become a Subscriber and open an Account with us. No check out and payment for Products will be processed if you access the Website as a general visitor. For the purpose of registering an Account, you will be required to enter requisite details, including, without limitation, your name, a valid phone number, your entity details, and tax details. Once your details are accepted and access credentials have been given to you to access the Product listings on the Website, you become our customer (“Alswamitra Customer”). If the registration as an Alswamitra Customer is being done on behalf of a corporate entity, there may be additional conditions that may apply including restrictions on the number and quantity of Products that can be purchased through a single Product purchase transaction. For additional details in this regard corporate entities that are registered as Alswamitra Customers are requested to contact us by writing an e-mail to firstname.lastname@example.org
- Before your registration as an Alswamitra Customer, You may be required to complete a verification process as part of our Account setup process. Once set up, you are responsible for maintaining the confidentiality of Your Account information, including Website access credentials. Users are also fully responsible for all activities that occur on their Account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify us to stop processing requests from Your account, until further instructions. For addressing these issues, please contact us by calling the toll-free number 1800- 212-7072.
- By registering with us and becoming an Alswamitra Customer, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service or Product related updates. If we do so, each communication we send You will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time, You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us by sending an e-mail request to email@example.com
- By using the Website and registering an Account with Alswamitra you represent to us that you are sharing all information including sensitive personal information about yourself voluntarily. If the registration of Account is being done on behalf of a corporate entity, the person completing the registration represents to Alswamitra that he/ she has taken relevant consents as are required before sharing the details of the corporate entity with a third party. We undertake that We will only use your information for the purpose of processing the requests made by you on the Website including processing of purchase requests, payments and deliveries of the Products to you and for sending you promotional communications which you may have opted for on the Website.
- You have the right to withdraw your consent at any time, in accordance with the opt-out feature we provide to you via e-mail communication. However, note that withdrawal of consent will not be retroactive and will only have prospective effect from the next date following the withdrawal request.
- You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a User or Alswamitra Customer, as the case maybe. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in our archives.
- Further, Alswamitra automatically receive the URL of the site from which you came and the site to which you are going when you leave the Website. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyse overall trends to help us improve the Website experience for the Users.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Alswamitra and our service providers for the technical administration of the Website, research and development, and for administration.
- In the course of serving advertisements or optimizing the Website, Alswamitra may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies. We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration, research and development, quality management services and for proper administration. We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do not use personally identifiable information to target ads. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
- During the course of your use of the Account, we may collect aggregated information pertaining to Products you purchase to assess preferences and general trends to determine matters such as consumer preferences and the market trends. We will only use your usage pattern statistics in anonymized form and will never use specific details that you might input on the Account.
PRODUCT INFORMATION AND ORDERING TERMS:
- We have taken all care and precaution to try and provide accurate data and information about the Products. In the preparation of the Product listing information on the Website, We ensure that prices quoted are correct at the time of publishing and all Products have been fairly described to the extent reasonably possible.
- All prices are displayed exclusive of applicable taxes. Packaging of the Product may vary from that shown. The weights, dimensions and capacities given are approximate only.
- We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product on delivery.
- All 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 contained herein and restrictions that maybe imposed basis the category of Alswamitra Customer you are. Alswamitra reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon final dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Us and the balance would continue to be on offer to us and We reserve the right to accept or reject such balance order. No act or omission of Alswamitra prior to the actual dispatch of the Product ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
- There may be certain orders that Alswamitra is unable to accept and must cancel. Alswamitra reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User. User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, non-availability of the Product or quantities ordered by User, inaccuracies or errors in pricing information, or problems identified by Alswamitra’s credit and fraud avoidance department such as violation of order quantity restrictions contained in Clause 10.2.
- In case of requests for order cancellations, Alswamitra, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Alswamitra receives a cancellation notice and the order has not been processed/ approved, Alswamitra shall cancel the order and refund the entire amount to User within a reasonable period of time. However, Alswamitra will not be able to cancel orders that have already been processed. Notwithstanding anything contained herein, it is pertinent to note that the Alswamitra has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by Alswamitra is acceptable to User and User shall not create any dispute on the decision taken by Alswamitra on cancellation. Upon cancellation, all refunds will be processed as per the cancellation terms set out in these Terms and shall be read with the Refund and cancellation Policy located at https://grainforests.com/ mantraservers.com/refund-and-cancellation.
- Registration as an Alswamitra Customer and initial access to the Website for individuals registering as Grainforests Customers will be free. However, if you are registering as a corporate, such corporate entities maybe required to pay a subscription fee and maybe subject to other conditions. By registering as an Alswamitra Customer you voluntarily agree to share and authorize Alswamitra to use your information for the purpose of processing purchase requests as well as to communicate information about new offerings from Alswamitra as well as offers, promotional campaigns and reward programs.
- To place orders for purchase of Products, you have to be registered as an Alswamitra Customer. Further, if you are an individual consumer purchasing the Products for personal use, purchase confirmation of Products added by you through the Account shall be subject to Alswamitra receiving payment of the list price as well as applicable delivery charges and commissions that will reflect on the payments page. All prices displayed on the listing will be excluding taxes and other charges and You may be required to pay additionally for delivery and other value-added services in relation to your Product purchase or order. The confirmation of your request for purchase will also be subject to Clause 5.3 and you having complied with all other Terms herein including Clause 10. Violation or suspected violation of the conditions set out in Clause 10 may entail suspension or termination of your access and cancellation of your Product purchase requests. The decision of Alswamitra as regards your breach of any of these Terms shall be final and binding on you and Alswamitra reserves the right to terminate your Account in addition to claiming damages for breach as maybe available under law.
- If the User who registers as an Alswamitra Customer is a corporate entity, such Alswamitra Customers will have to contact Alswamitra by sending an e-mail to firstname.lastname@example.org to get final approval to process Product purchase requests. Depending on the quantity of the Products requested for and the nature of utilization of the Products by you, you maybe required to accept additional terms or maybe required to enrol in our corporate partner programmes.
- Alswamitra may also require additional verifications or information before accepting any order. Alswamitra through its designated personnel will contact you if all or any portion of your order is cancelled or if additional information is required to accept your request for purchase. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account.
YOUR INFORMATION AND SECURITY:
- Processing of purchase transactions placed by you through the Account depends on the information you provide to Alswamitra. You are solely responsible for and in control of the information you provide on the Websites. You are also solely responsible and liable for the documentation provided on the Websites.
- To protect the security of information you provide to Alswamitra, Alswamitra has put in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Website, we collect your personal details on a secured server through firewalls.
- All payment transactions done through the Account registered for you are secured as per industry standards through third party gateways and Alswamitra plays no role in the payment processing, except for directing Users to gateways or relevant webpage(s). Accordingly, Alswamitra shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third party gateways and or third party websites. Alswamitra shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User's account and / or information relating to or regarding online transactions using credit cards / debit cards /cash cards/net banking and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, Alswamitra will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.
- If You use the Website, you agree that information about your use of the Website through your desktop computer or mobile device may be communicated to us, and we may obtain information about the identity of your computer or device as well as information concerning the IP address and location from where you are accessing the Website or logging into your Account.
- Alswamitra reserves the right to collect data including name, contact information and other details to facilitate the Services or use of its Website to avail Services. All information collected from You are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the Website without the obligation of a prior notice to you.
- You acknowledge and agree that Alswamitra shall not be liable for any deficiencies in the Products purchased or payment failure arising due to a failure of the payment gateway or banking networks.
- In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail address, the account shall be indefinitely suspended. We reserve the full discretion to suspend your Account in the above event without liability to share any account information whatsoever. Please note that it is your responsibility to check that the computer or device you plan to use to access the account is compatible with the minimum specification requirement that relates to the subscription you are opting for. You acknowledge and accept that Alswamitra cannot be held responsible for any technical problems with any systems, computers or devices.
- We may disclose to third parties certain data related to You, in accordance with applicable law.
TERMS PERTAINING TO PRODUCTS AND DISCLAIMERS:
- By accessing the Website and opting to purchase the Products listed on the Website you agree and understand that all Products that Alswamitra sells through the Website are only nutraceuticals as defined under Section 22 of the Food Safety and Standards Act, 2006 and do not fall within the ambit of drugs and medicines. You undertake that you have independently analysed and researched the benefits of the Product before making the decision to purchase the Product.
- Further, you also understand that the Products Alswamitra sells on the Website will have plants or botanicals or their parts in the form of powder, concentrate or extracts as well as ingredients such as ethyl alcohol, hydro alcoholic extracts as well as minerals, vitamins, protein, metals or their components or amino acids which maybe added as per prescribed minimum dietary standards. You are directed to independently consult and assess the suitability of the Products by consulting experts in the field of dietary science before proceeding to buy the Products. Alswamita does not offer any representations or warranties as regards the suitability of the Products to all persons on account of the fact that nutraceuticals contain ingredients that may react differently to different body constitutions and the reactions may differ based on allergies that an individual might have. You are responsible to check all these aforesaid parameters before deciding to purchase the Product for yourself or for any other person for whom you are buying the Product.
- Although we offer delivery services which door deliver the Products purchased through the Website, Alswamitra disclaims all liability as regards the quality, accuracy or reliability of the delivery services since delivery is provided through third party logistics partners. At the time your purchase is confirmed, the Website will show you estimated delivery timelines which are estimates provided by third parties and not by A;lswamitra. We only share the details of the delivery partner along with tracking details. In the event of any delays or non-delivery, you are required to contact the logistics partner directly.
- Alswamitra is not engaged in the business of manufacturing medicines and does not engage in the business of giving health advice. Any health-related information about the Product in a listing on the Website shall only be for informational purposes only and shall not be a substitute for professional medical practitioner recommendation. Although Alswamitra ensures that the Products sold through the Website meet best industry standards and are in accordance with the standards prescribed by the Food Safety and Standards Authority of India, we do not guarantee that the Products will provide the same outcomes for all Users since the Products by their very nature will react differently on account of the natural extracts and botanical ingredients they contain. Basis this understanding, you understand that Alswamitra does not extend any warranties either express or implied that a User purchasing the Products will get the results and outcome represented on the label of the packaging of the Product or the Website listing information.
- You agree that your decision to purchase Products is made after consultations with professionals and you shall not place any reliance on the information on the Website other than for the purpose of identifying the Product.
- The Website is provided to you on an “AS IS” basis only and Alswamitra does not warrant that your access to the Website will be interrupted. Alswamitra also does not guarantee that the product listings and descriptions available on the Website will be error free.
- Our Websites may contain links to other applications or websites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and We do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the Content of their applications or websites. Alswamitra does not assume any responsibility or liability for the actions, product, and Content of any such applications or websites. Before You access or visit any third party applications or websites, You should review the applicable terms and conditions and prevailing policies for such applications or websites. If You decide to access any such third party Website, You do so at Your own risk.
PROHIBITED USE OF WEBSITE:
- As an individual or single person using the Website, You are only authorised to purchase Products from the Website for your personal consumption and not for commercial resale or retail sale. Retail sale authorization will require you to sign up to a different program and you are required to directly contact Alswamitra for details on the same. These Terms do not provide you the authorization to act as a reseller or channel partner for Alswamitra and any such activity would be a violation of these Terms. You are required to get specific written authorizations from Alswamitra before you can legally procure Products for retailing and wholesale. If you are found engaging in such activities, Alswamitra reserves the right to completely debar you from all future login to the Website and you will be debarred from initiating any purchase requests. The Website and the Account will therefore, from time to time automatically impose limits on the total orders for Products that can be placed at a time based on the category of Alswamitra you are registered as. For this purpose, Alswamitra reserves to itself the right to refuse processing of Product purchase requests that it may deem as bulk orders and, in such instances, your request will not be processed for payment if you do not have the relevant authorizations from us. In the event that payment is allowed and Alswamitra subsequently classifies the order as an unauthorized bulk order, Alswamitra shall have the right to terminate your access and stop further processing of the purchase request. In such circumstances, a User shall not be eligible for any refund.
- For the purpose of clarity bulk orders as contemplated in Clause 10.1 shall mean orders which in Alswamitra’s sole opinion are:-
- Suspected to be purchases that are not meant for personal consumption and have been placed without Alswamitra’s express authorization;
- By the very behaviour of the User suggestive that there is an attempt to split up orders to circumvent the ordering limits imposed on the category of Alswamitra Customer the User is registered as; or
- Orders placed by single User for delivery to multiple locations whereby there can be a presumption of unauthorized commercial use drawn.
- You may not attempt to override, disable, circumvent or otherwise interfere with any security components and usage rules embedded as algorithms on the Website.
- You shall not access or attempt to access the Website through the use of robots or automatic devices so as to assess the vulnerability of the Website or so as to generate a large number of e-commerce transactions on the Website in a manner that will impact or is likely to impact the usage by other users attempting to use or access the Website. In the event we suspect any such unauthorized use, we reserve all rights to suspend all your future access to the Website.
TERRITORY OF WEBSITE USE AND PRODUCT PURCHASE:
- You understand and agree that the Website and the Product listing is accessible for purchase only within India and Alswamitra does not sell the Products to other countries. You will not be able to complete the payment for the Products added to the cart if you are accessing the Website from outside India.
- Those who access or use the Website from other jurisdictions outside India do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and other jurisdictions may have laws that highly restrict the sale of Products contemplated herein or the import thereof and you agree to be liable for consequences that might arise as a result of delivery of the Product into your jurisdiction. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.
- All names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software, designs, images, information, button icons, audio files and any other elements (collectively, “Material”) on the Website are protected by copyrights, trademarks and/or other intellectual property rights owned, controlled or authorized to be used only by Alswamitra. You acknowledge and agree that all Material on the Websites is made available for limited, non-commercial, personal use only for the purpose of browsing the Website and accessing the Account to explore or purchase the Products listed on the Website. Except as specifically provided herein or elsewhere on the Website, no Material shall be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. You may not add, delete, distort, or otherwise modify the Material or any other part of the Website as all intellectual property in the Website vests with Alswamitra. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
- The Website and all functionalities as well as features is proprietary to Alswamitra. The products listed on the Website are the intellectual property of Alswamitra and its licensor partners or outsourced contract manufacturers of the Product. Alswamitra is the sole owner of the Website, and all software created to make the Website available to You. Alswamitra provides You only a limited, personal access rights to the Website for the limited purpose of browsing the Website and make online purchase requests for the Products listed on the Website. The licenses to the Products are personal, non-transferable, non-saleable and non-exclusive in the normal course and any additional rights will have to be separately granted to you through an express written authority from Alswamitra.
- All icons and logos are trademarks of and proprietary to Alswamitra. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and Alswamitra shall be entitled to all remedies available under law to stop and injunct any such use from continuing.
- All Materials are the exclusive copyright of Alswamitra or its licensors, except the Third Party Material and link to third party apps or websites. Systematic retrieval of the Material to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from us is prohibited. In addition, use of the Material for any purpose not expressly permitted by these Terms is prohibited and may invite legal action.
- All Material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Websites is solely for Your personal, non-commercial use. you must not copy, reproduce, republish, upload, post, transmit or distribute such Material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Alswamitra, modification of the Material, use of the Material on any other website, or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms and all such commercial use is strictly barred and may have the consequence of Alswamitra initiating appropriate legal action.
- Alswamitra respects the intellectual property of others including its listing partners who use the Website to sell their products. In case You feel that Your trademark or copyright has been infringed, You can write to us at email@example.com.
- These Terms shall remain in full force and effect for so long as You use the Websites. You may delete Your account at any time, for any reason, by following the instructions on the Websites.
TERMINATION AND SUSPENSION OF ACCOUNT:
- Alswamitra reserves the right to terminate the Website without prior notice. Your account or Your access to the Website or Product purchase feature enabled for you maybe terminated immediately, with or without notice to You, and without liability to You, if Alswamitra believes that You have breached any of these Terms, or any false or misleading information, or interfered with use of the Websites by others.
- We reserve the right to cancel delete or deactivate Your Account, if we believe that the account has been compromised, or is being used fraudulently.
- You agree that Alswamitra may at any time and for any reason, terminate Your access to the Websites, or restrict or suspend Your access to all or any part of the Websites at any time, for any or no reason, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, We may suspend Your account immediately.
INDEMNITY AND LIABILITY:
- You agree to defend, indemnify and hold Alswamitra its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to the Websites;
- Your violation of any Terms contained herein;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or
- Your violation of law including foreign laws or applicable guidelines.
- SUBJECT TO THE LAWS OF INDIA, IN NO EVENT WILL THE ALSWAMITRA OR ITS EMPLOYEES’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS SOLD TO YOU BY THIRD PARTIES LISTING THEIR MERCHANDISE ON THE WEBSITE EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY ALSWAMITRA FROM YOU AS FEES FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
- We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or whole or part of the Website with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
- You agree and acknowledge that the use of the Website and the purchasing of Products from the Website is at Your sole risk and Alswamitra disclaims all representations and warranties of as to condition, suitability, quality, merchantability and fitness for any purposes except the warranties on the Product as expressly stated in these Terms or as maybe provided along with the Product.
- Alswamitra makes no representation or warranty that the Website or the Products you opt to purchase through the Website will meet Your requirements. In all circumstances our liability is limited to the amounts paid by You as consideration for the purchase transaction you complete through the Website.
- If You have any complaint in respect of the Website, or the Product purchased, you must inform Alswamitra of the same in writing within 24 (Twenty Four) hours of having completed the relevant transaction on the Website.
- Alswamitra shall not be liable for any conduct or behaviour or actions of any third parties who may advertise or list their offerings on the Website.
- Under no circumstances will the Websites be used to commit any acts which are immoral or unlawful in nature.
- We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website (or any portion thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of Our Websites.
- You may discontinue using the Website at any time. You may also delete the Account by writing to us at firstname.lastname@example.org Deletion of Your account will be effective once all outstanding dues towards purchases have been cleared. Please note, upon deletion of Your account We may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.
- These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Alswamitra without restriction.
- The failure of Alswamitra to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- These Terms are governed by the laws of India. Any matters arising under these Terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.
- In case of any grievance arising from the use of the Website, please contact the Grievance Officer, the details of which are set forth below-
- Grievance Officer: Name: Ms. Kamala Khetan
- Contact: email@example.com