Terms and Conditions and other policies
Terms and Conditions and other policies
LAST REVISION: 10th January 2016
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.prakratikliving.com] (the "Website"), Prakratik Living ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Prakratik Living reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Prakratik Living will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Prakratik Living encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Prakratik Living for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. All information, products and services displayed on the Prakratik Living website constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. www.prakratikliving.com has the right to accept or reject your offer without assigning any reason thereof.
In order to use www.prakratikliving.com website belonging to Prakratik Living, you (The User) have accepted the following terms and conditions given below. reserves the right to add, delete, alter or modify these terms and conditions at any time.
You (The User) are therefore advised to read carefully these terms and conditions every time you use the www.prakratikliving.com website of Prakratik Living.
1. We have made every effort to display the color of our products that appear on the site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of color will be accurate.
2. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
3. Prakratik Living will not be responsible for any damage suffered by users from use of the services on www.prakratikliving.com. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, negligence, defect, deletion, error, omission, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, or under any other cause of action.
4. Prakratik Living will take "Full Responsibility" of your Order, if the Order has been shipped to any of the major cities, where we used "Private Courier Companies" (eg. Blue Dart, First Flight, Pafex, DHL etc.) to ship your order.
5. The prices and availability of products are subject to change without prior notice at the sole discretion of Prakratik Living
6. Request for cancellations of orders once placed on www.prakratikliving.com shall not be entertained.
7. Prakratik Living reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded and the User shall be informed of the same.
8. If a non-delivery or late delivery occurs due to a mistake by the User (i.e. wrong or incomplete name or address or recipient not available) any extra cost spent by Prakratik Living for re-delivery shall be claimed from the User placing the order.
9. The User agrees to give accurate, authentic and true information. Prakratik Living reserves the right to confirm and validate the information and other details provided by the User at any point of time. If any such User details are found not to be true wholly or partly, Prakratik Living has the right in its sole discretion to reject the registration and debar the User from using the services of www.prakratikliving.com without prior intimation whatsoever.
10. Prakratik Living will not be liable for any type or kind of credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. The User must exclusively use his/her own card on the site.
11. Prakratik Living shall not entertain any complaints after 15 days, once the order is delivered.
12. This agreement shall be construed in accordance with the applicable laws of India. The Courts at Haryana shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Prakratik Living sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Prakratik Living and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [opt-out email].
3. You may send a written remove request to [Company Address].
Proprietary Rights. Prakratik Living has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Prakratik Living. Prakratik Living also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Tax. If you purchase any Products, you will be responsible for paying any applicable taxes.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Prakratik Living does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Prakratik Living does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Prakratik Living does not endorse the contents on any such third-party websites. Prakratik Living is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Prakratik Living is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Prakratik Living or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Prakratik Living a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Prakratik Living does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Prakratik Living is not liable for any damage or harm resulting from any posts by or interactions between users. Prakratik Living reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Prakratik Living deems objectionable, at its sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRAKRATIK LIVING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRAKRATIK LIVING MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
PRAKRATIK LIVING ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
PRAKRATIK LIVING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Prakratik Living, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Prakratik Living. When Prakratik Living is threatened with suit or sued by a third party, Prakratik Living may seek written assurances from you concerning your promise to indemnify Prakratik Living; your failure to provide such assurances may be considered by Prakratik Living to be a material breach of this Agreement. Prakratik Living will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Prakratik Living choice at its expense. Prakratik Living will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Prakratik Living against any claim, but you must receive Prakratik Living prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Prakratik Living will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Prakratik Living may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Prakratik Living and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Prakratik Living to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor 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.
Governing Law; Jurisdiction. This Website originates from Noida, Haryana, India. This Agreement will be governed by the laws of the State of Haryana without regard to its conflict of law principles to the contrary. Neither you nor Prakratik Living will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Haryana, India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Prakratik Living reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Prakratik Living may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Prakratik Living reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Prakratik Living chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Prakratik Living makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Prakratik Living may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Prakratik Living is a property of ADDRESS
Information we collect
Contact information. We might collect your name, email, mobile number, phone number, street, city, state, pincode, country and IP address.
Payment and billing information. We might collect your billing name, billing address and payment method when you buy a ticket. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our online payment partner ???????????
Information you post. We collect information you post in a public space on our website or on a third-party social media site belonging to Prakratik Living.
Demographic information. We may collect demographic information about you, events you like, events you intend to participate in, tickets you buy, or any other information provided by your during the use of our website. We might collect this as a part of a survey also.
Other information. If you use our website, we may collect information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.
We collect information in different ways.
We collect information directly from you. We collect information directly from you when you register for an event or buy tickets. We also collect information if you post a comment on our websites or ask us a question through phone or email.
We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.
Use of your personal information
We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.
We use information to respond to your requests or questions. We might use your information to confirm your registration for an event or contest.
We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes. We may use information to protect our company, our customers, or our websites.
We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy tickets from us we'll enroll you in our newsletter.
We use information to send you transactional communications. We might send you emails or SMS about your account or a ticket purchase.
We use information as otherwise permitted by law.
Sharing of information with third-parties
We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.
We will share information with the event organizers. We share your information with event organizers and other parties responsible for fulfilling the purchase obligation. The event organizers and other parties may use the information we give them as described in their privacy policies.
We will share information with our business partners. This includes a third party who provide or sponsor an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies.
We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.
We may share your information for reasons not described in this policy. We will tell you before we do this.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email email@example.com It may take about ten days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.
Third party sites
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address Contact Details
If you have any questions about this Policy or other privacy concerns, you can also email us at firstname.lastname@example.org
Updates to this policy
· Prakratik Living provides this information on an as-is basis to the best of its ability but cannot guarantee its 100% authenticity and is not liable for any loss or damage or injury, without limitation, including, indirect or important loss or damage or injury, or any loss or damage or injury whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this information, opinion or recommendation obtained from this website.
· Prakratik Living has Ayurvedic, Diet and other expert health professionals who can provide paid one-on-one consultancy, for more details call us on xxxxxxxxxx or e-mail us on email@example.com
· Fruits and vegetables produce displayed in the basket images and descriptions, are for representational and educational purpose, and may or may not be available for purchase on our website. Please check the Specification section in each basket to determine the actual produce availability along with purchase price.
· Fresh fruits and vegetables may or may not be organic, and will be categorized and / or represented accordingly.
· The information provided should not be interpreted or substituted as medical advice, may not be used to examine, remedy or prevent any medical disorder or condition and cannot supersede or compliment advice by a trained health or medical professional.
· If you suffer from any health concern please consult a trained health or medical professional who can evaluate the same and address them effectually.
· Prakratik Living advices that you consult with your doctor or physician before taking any herbs, supplements, treatments, diet change, especially if you are expecting or are taking treatment for any chronic illness.
· Prakratik Living is not a producer or a certifying authority. We purchase in bulk from suppliers and rely on the certifications and produce provided by them and are thus not liable for any discrepancies, irregularities and errors in the same.
· Prakratik Living does not provide any medical or emergency facility
· Images and descriptions may have products, services and produce that may differ from the actual baskets at the time of delivery.
· All information on this website is copyright Prakratik Living and may not be copied, reproduced, linked, printed or used in any manner whatsoever, whether completely or in part thereof without the explicit written permission.
· Through this website you might be able to link to external websites and Prakratik Living has no control whatsoever on the quality, content and availability of those sites. Inclusion of any links on our website does not mean that Prakratik Living recommends or endorses the content and views expressed within the external websites.
· Every attempt is made to keep this website running smoothly. However, Prakratik Living takes no responsibility for, and will not be liable for, the website being unavailable due to technical or unforeseeable issues beyond our control.