This is a legal agreement (“Agreement”) between buyer (“Customer/ Customers”) and AAAS Foods and Nature’s Soul Private Limited (“Seller”), which is the licensed owner of the brand “Nature’s Soul” and www.naturessoulshop.com (“Website”). The Agreement lays down the terms and conditions for carrying out transactions through the Website.
1. Definitions In this Agreement the following terms shall have the following meanings: a) “Agreement” means this agreement laying down the terms and conditions for carrying out transactions through the Website. b) “Brand Name” means the brand “Nature's Soul” under which the Seller would sell products through the Website. c) “Contents” shall have the meaning ascribed to it in clause 6 therein. d) “Customer/ Customers” mean buyer/ buyers of products sold through Website or any user or users browsing the Website. e) “Employees” means Seller’s employees, agents or designees who may be appointed by the Seller for delivery of products ordered by the Customer to the address mentioned by it at the time of ordering such products. f) “Order/s” means the order/s placed by the Customer for purchasing the Organic Products. g) “Organic Products” shall collectively mean Products and Other Products. h) “Products” means organic vegetables, fruits, and other related products sold through the Website. i) “Other Products” means products of other entities sold under their respective brand by the Seller through the Website. j) “Registration Data” shall have the meaning ascribed to it in clause 5 therein. k) “Seller” means AAAS Foods and Nature’s Soul Private Limited. l) “Website” means www.naturessoulshop.com
2. Membership Eligibility Use of the Website shall be limited to persons who can form legally binding contracts under section 11 of the Indian Contract Act, 1872. In case a minor uses or transacts on the Website, such use or transact shall be understood to have been made with the consent and under the supervision of the parent or legal guardian of such minor who agrees to this Agreement.
3. Seller Service The Seller Service is a ‘Business to Customer’ platform that provides transaction, information and communication service available to Customers who access the Website. The Seller currently provides an online shopping and delivery service for Products. The Employees shall deliver the Order placed on the Website, and/ or through any another medium as displayed on the Website from time to time. The Seller shall sell Products under the Brand Name, and may also sell Other Products. a) Pricing The Seller shall sell the Other Products at Maximum Retail Price unless otherwise specified. Prices of non-perishable products shall not fluctuate on a daily basis but those of perishables may change on a daily basis which shall be updated almost immediately on the portal. However, the prices mentioned at the time of placing an order shall be final applicable prices. b) Cancellation Policy The Customer shall be allowed to cancel the order placed with the Seller provided the Order has not been shipped from the Seller’s premises. In case the Seller suspects any fraudulent transaction by the Customer or any transaction which defies Agreement, the Seller shall at its sole discretion may cancel such orders. The Seller shall maintain a negative list of all fraudulent transactions and Customers and shall have the authority to deny access to them or cancel any orders placed by them. c) Delivery The Seller shall deliver the Organic Products at the address provided by the Customer at the time of confirming the Order. It shall be the responsibility of the Customer to ensure that someone is present at the delivery address to receive and pay for the Order at the specified time of delivery and anyone at the delivery address who receives the delivery shall be conclusively presumed by the Employees to be authorized by the Customer to receive and pay for the Order. The Seller may charge additional fees as penalty if the Employees fails to deliver the Order or any part of the Order on account of any act/s committed by the Customer preventing the Employees to deliver the Order or any part of the Order. The Customer on account of being not satisfied with the Order may give their feedback via email email@example.com or call customer service provided on the Website. d) Return & Refunds The Seller shall guarantee freshness at the time of delivery of the Order, therefore, Customers are encouraged to return Organic Products of the Order at the time of delivery so that refunds/credits can be easily processed. The Customer at the time of delivery of the Order shall be permitted to return that part of the Order that the Customer finds is not as per their liking and accordingly the Seller shall make refund of such order returned by the Customer in the form of credit which will be offered for future transactions. However, Customer shall not be permitted partial return of a particular product of the Order. Moreover, once the Order has been delivered to the Customer or any person whom the Employees assume to be authorized by the Customer to accept the Order, then the Order or any part of the Order shall not be eligible for return.
4. Undertaking Every Customer using the Website to place an Order of the Organic Products warrants and undertakes the following: a) That the Customer accesses the Organic Products available on the Website and transacting at its sole risk. b) That before placing an order the Customer checks the product description carefully. By placing an order for the Organic Products the Customer agrees to be bound by the conditions of sale included in the item's description. c) That in the event that a non-delivery of the Order occurs on account of a mistake by the Customer any extra cost incurred by Seller for redelivery shall be claimed from the Customer. d) That the Customer uses the services provided by the Website, its affiliates, consultants and contracted entities for lawful purposes only, and comply with all applicable laws and regulations while using and transacting on the Website. e) That the Customer provides authentic and true information in all instances of the information requested by the Seller. The Seller shall have the right to confirm and validate the information and other details provided by the Customer at any point of time. If upon confirmation Customer’s details are found not to be true (wholly or partly), the Seller shall have the right in its sole discretion to reject the registration and debar such Customer from using the Services and/ or other affiliated websites without Seller’s prior intimation. f) That the Customer authorizes the Seller to share the information provided by it with Seller’s Employees enabling the Employees to deliver the Customer’s order to the Customer. g) That the Customer authorizes the Seller to collect information about the pages on the Website visited by the Customer, the links it clicks on the Website, the blog posts it reads or shares, the frequency with which it visits the Website or a particular page and any such browsing information. h) That the Seller shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction made for completing the Order, on Customer being the account holder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time i) That the Customer shall not use the Website for disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or any transmitting material that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. j) That the Customer shall not use the Website for gaining unauthorized access to other computer systems, interfering with any other person's use or enjoyment of the Website, breaching any applicable laws Interfering or disrupting networks or web sites connected to the Website. k) That the Customer without the permission of the Seller shall not make, transmit or store electronic copies of materials protected by copyright available on the Website. l) That the Customer indemnifies the Seller against any litigation, costs, damages and the like that may arise due to acts committed by the Customer against any third person mentioned in aforesaid clauses- i and j.
5. Customer Accounts and Information In case the Customer wishes to place an order on the Website, it shall have to register for the first Order and login each time before making subsequent Orders. As part of the registration process on the Website, the Customer shall provide the Seller with accurate and complete information as required by registration for the Seller Service as mentioned in clause 3 of this Agreement, including, but not limited to, first name, last name, email address, mobile phone number & other contact details, address, postal code (“Registration Data”). The Seller may also request for demographic profile of the Customer (like your age, gender, occupation, education, etc.). The Customer may at any time view their account created on the Website by entering their username and password generated by them at the time of registration. The Seller shall send communication and notifications related to Customer’s account and purchases, or as and when required, to which it consents by registering on the Website, and the Customer shall be responsible to keep its details accurate to ensure such communications reach it. The Customer shall be responsible to promptly notify the Seller of any change in its Registration Data by logging into the Site and going to “My Account”. If the Customer is a phone user it can call and speak to customer care on the number provided on the Website. The Seller shall not be held liable for any unauthorized use, loss or theft of Customer’ password or its account.
6. Copyright & Trademark Seller, 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 Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the Seller or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by the Seller. 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 the Seller. The Customer may not modify, distribute or re-post anything on the Website for any purpose. “Nature’s Soul” all Seller logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Seller or otherwise proprietary to Seller and may not be used by the Customer for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on the Website are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to the Customer and do not in any way constitute or imply the Seller endorsement, sponsorship or recommendation of the third party, information, product or service. The Seller is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If the Customer decides to link to any such third party websites, you do so entirely at your own risk. 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 Website (collectively, the "Contents") are intended solely for personal, non-commercial use. The Customer shall not be permitted to download or copy the Contents and other downloadable materials displayed on the Website 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. The Customer shall 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 Website or any related software. All software used on this Website is the property of the Seller or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Seller, one of its affiliates or by third parties who have licensed their materials to Seller and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of the Seller and is also protected by Indian and international copyright laws.
7. License & Website access Seller grants the Customer a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Seller. This license shall not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Seller. The Customer shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Seller and its affiliates without express written consent. The Customer shall not use any meta tags or any other ‘hidden text’ utilizing the Website’s or the Seller’s name or trademarks without the express written consent of the Seller. Any unauthorized use by the Customer shall terminate the permission or license granted by the Seller.
8. Unauthorized or Fraudulent Use The Customer shall agree to abide by this Agreement and acknowledge that circumvention of this Agreement constitutes a fraudulent use. The Customer shall be liable for damages caused by such fraudulent use.
9. Changes in Agreement of Seller Service The Seller shall reserve the right to, at any time, change any of the terms of this Agreement but not limited to, the amount of, or basis for determining, any fees or charges for the Seller Service. The Customer’s use of the Seller Service after any such change will be conclusively deemed acceptance of such change. The Seller may discontinue or revise any or all aspects of the Seller Service without prior notice to the Customer. The Seller shall reserve the right to change the price and availability of the Organic Products subject to change without notice to the Customer. We reserve the right to correct online pricing errors. If any change is unacceptable to the Customer, it may terminate this Agreement.
10. Colors The Seller shall make every effort to display the colors of the Organic Products that appear on the Website as accurately as possible. However, as the actual colors the Customer sees shall depend on its monitor, the Seller cannot guarantee that Customer’s monitor's display of any color will be accurate.
11. Disclaimer of Warranty and Limitation of Liability YOUR USE OF THE SELLER SERVICE, www.naturessoulshop.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SELLER SERVICE, www.naturessoulshop.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, www.naturessoulshop.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. www.naturessoulshop.com DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY www.naturessoulshop.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT www.naturessoulshop.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER www.naturessoulshop.com NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SELLER SERVICE, www.naturessoulshop.com , THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH SELLER.
12. Indemnity The Customer agrees to defend, indemnify and hold harmless Seller, 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 Customer’s actions or inactions, which may result in any loss or liability to Seller 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 Agreement or arising out of the 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 Agreement.
13. Termination This Agreement shall be effective unless and until terminated by either the Customer or the Seller. The Customer may terminate the Agreement at any time, provided that it discontinue any further use of this Website. Seller may terminate the Agreement at any time and may do so immediately without notice, and accordingly deny the Customer access to the Site. Such termination shall be without any liability to the Seller. Any such termination of the Agreement shall not cancel Customer’s obligation to pay for the Organic Products already ordered from the Website or affect any liability that may have arisen under the Agreement.
14. Legal and Miscellaneous The terms of the Agreement constitute the entire agreement between the Seller and the Customer with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of the Agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
15. Arbitration If any dispute arises between the Customer and the Seller during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Agreement and terms and conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Seller. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
16. Applicable law The laws of India shall apply and courts in New Delhi shall have jurisdiction in respect of the Agreement.