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Welcome to Phala Agrotech. We provide our products and services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement” or “Terms of Service” or “Terms of Service Policy”) is between you (you, your, end user, buyer, customer, registered user) and Phala Agrotech(We, Us, Phala Agrotech, Us, Our, the website). This document 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. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
INTRODUCTIONThe domain name www.NativeSavor.com is registered in the name of Phala Agrotech, a Company registered as a Partnership (eg: Sole Proprietorship, Partnership etc) under the Companies Act 1956, and having its registered offices at #11, 29th Main, Nandhini Layout, Bangalore 560096.
RIGHT TO CHANGEWe reserve the sole right to update or modify these Terms at any time without prior notice. Due to this, we encourage you to review these Terms every time you purchase products from us or use our website. Continued use of the website implies your acceptance of any and all policies in effect on the website at any point in time.
PRIVACYWe view protection of your privacy as a very important principle. Your is stored with the highest reasonable security protocols. If you object to our current Privacy Policy and your information being transferred or used in any way outlined, please do not use the Website.
ELECTRONIC COMMUNICATIONSWhen you use any of our Services, or send e-mails to us, you are communicating with us electronically. By using our services, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTSUnless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, creatives, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Us without obtaining express and prior written authorization from us. You shall not upload, post or otherwise make available on the website, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTSWe respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to us via the contact us/ reach us form on our website, so that we may address the wrong.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONSIf you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:
BILLINGThe price of our merchandise as mentioned on our website is the Maximum Retail Price (MRP) for the said product, which is inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes and/or such other levy/ duty/ surcharge incurred, in addition to the normal taxes we may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. as applicable.
ORDER CANCELLATIONSDue to unavoidable circumstances there may be times when certain orders having been validly placed, may not be processed or capable of being dispatched. We reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be, to the source of the payment, within a period of 30 working days.
PAYMENTWhile availing the payment method/s offered by us, we are not responsible or take no liability whatsoever in respect of any loss or damage arising directly or indirectly to you including but not limited to the following:
All payments made against the purchases/services by you shall be as against the price displayed on the website and shall be in terms and conditions of the third party Payment Gateway. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
DELIVERYWe endeavour to but do not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if we fail to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, and we re-ship them to you, we may at our discretion, charge you for additional shipping costs.
REFUNDS & RETURNSWe make every effort to deliver defect free products to You. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to us within 24 hours of its receipt. Any communication received after 24 hours of delivery shall not qualify for return, even in case the said product has been wrongly delivered. We hold the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy. Please note that minor variations that are an effect of the handcrafting process are not considered flaws or manufacturing defects, and will not be eligible for refunds or returns.
PRODUCT DESCRIPTIONSProducts displayed on our website are represented as accurately as possible. However we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to contact us within 24 hours of receipt and we reserve the right to provide a solution as per our discretion. We are not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
PRODUCT COMPLIANCEProducts displayed/ sold on our website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards. All products on our website are Made in India.
PRODUCT PRICING DISCLAIMERThe prices displayed on our website may differ from prices that are available elsewhere. Prices shown on the website are subject to change without prior notice. Additional taxes, as applicable are calculated during the checkout process and are displayed for your benefit.
INACCURACY DISCLAIMERFrom time to time there may be information on our website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We also reserve the right to cancel orders that may be impacted by such errors of omission, without prior notice.
WARRANTIES & LIABILITYAll information, content, materials, products (including software) and other services included on or otherwise made available to you by us are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing.
INDEMNITYYou agree to indemnify and shall not hold Phala Agrotech(and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
BREACHIf you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
SEVERABILITYWe reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, only that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVERThe failure by Us to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Phala Agrotechof them or of the right any time subsequent, to enforce all Terms and Conditions of this agreement.
FORCE MAJEUREFailure on the part of Us to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against Us or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through Force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Phala Agrotechthat directly or indirectly hinders or prevents Phala Agrotechfrom commencing or proceeding with completion of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
RESOLUTION OF DISPUTESThis agreement shall be construed and the legal relations between YOU and Phala Agrotech hereto shall be determined and governed according to the laws of India. If any dispute arises between You and Us regarding Your use of the Website or Your dealing with Us in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction of the Courts of Bangalore, India. Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
GRIEVANCEAny grievances you have by way of use of the website can be addressed to ‘Customer Care’ by way of email to customercare@phala.co.in. We shall thereafter consider the same and provide a response within one month of the date of any such complaint/ grievance.
GOVERNING LAWThese Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India. The Courts at Bangalore, India, shall have exclusive jurisdiction in any proceedings arising out of these Terms of Use and any related policies on our website.
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