Terms of Service
TERMS AND CONDITIONS
Welcome aboard! We solicit you to read these Terms and Conditions (“Terms”) carefully before accessing/proceeding/engaging with the website and mobile application (if provided in future) (“Platform”) of Prakrta (“We”, “Us”, “Our/Ours”, “Ourselves”, “TISYAANA NATURALS”), an e-commerce brand owned and operated by TISYAANA NATURALS.
As these Terms are applicable on You as a User (which includes all the browsers, vendors, merchants, customers and/or contributors to the Platform in any manner) of this Platform, We request You to read and understand the interpretation and applicability of the same in the best possible manner as services through this Platform are subject to Your acceptance and continued compliance. By using this Platform, You also agree to the Terms, notices, and policies in addition to them being modified/changed/deleted in the future for any reasons that may be understood to be necessary by Us, as We reserve the right to update/revise the Platform and its contents from time to time. By continuing Your use of Our Platform further post such changes, You will be accepting all the Terms along with the incorporated changes. If You deny or do not accept the Terms hereunder, We request and recommend that You do not access Our Platform.
Our store is validly hosted on Shopify Inc. and it is responsible for providing Us with an online e-commerce Platform to run Our business and perform all the intrinsic and ancillary functions related to it, which includes selling Our products to You.
- USER ACCOUNT, PASSWORDS AND OBLIGATIONS
- As You progress to get registered with Us, We would create an account (‘User Account’) and a password for Your ease of access wherein You can change Your password basis your discretion. We do not charge any fee for the same.
- We reserve the right to not accept a User and it is Our sole discretion. We cannot be made liable for the same or provide any reasons thereof.
- The password to Your account with Us becomes Your responsibility as soon as Your registration is complete with Us therefore, You will be liable for any loss/damage that may occur on account of any negligence with regard to the passwords. You are advised to maintain the confidentiality of Your account (username and password) and log out/exit from Your account post each session. We are absolved of any liability that may arise on account of Your non-compliance with this clause.
- We will assume the details received for registration with the Platform from You to be correct, complete and accurate. It is Your duty to ensure that such details are true, accurate, and not fake or an attempt to impersonate a natural person or any pre-existing entity/User on the Platform. Any lapse in relation to this clause on Your part will make You solely liable for legal action.
- We request You to update the details by accessing Your account on Our Platform which may entail Your name, surname, address, preferences, and/or other related details. You will be responsible for the inaccuracies prevailing in the User Account details and any liability arising in that regard.
- A breach of any of the Terms will render Your account and the services being provided, terminable immediately.
- We are extremely vigilant and concerned about the information You share with Us and its use, therefore We have in place, Our https://prakrta.in/pages/privacy-policy available on our website, which may be accessed by You to understand the manner in which the personal information, as well as the sensitive personal information, is secured by Us.
- USER CONTENT AND CONDUCT
- We take Our Platform security very seriously and information like images, chat communication, signatures, reviews, messages, videos, audio recordings, e-mails, text messages and all other material made available to Us in any manner (“User Content”) will be Your sole responsibility and We will not be liable in any manner whatsoever, in connection with such User Content.
- We do not have any liability for any information that is shared by You against the following instructions. They are purely seeking the objective of legal and ethical compliance on Our part. Kindly do not share any information with Us, that is:
a. Belonging to another person. We encourage You not to engage in the same nor assist anyone else, until You have the explicit authority to do so;
b. Infringes any intellectual property rights;
c. Capable of assisting in any criminal offence or illegal activity or any act that amounts to a violation of the Applicable Laws or regulations in force at that time including money laundering, gambling, harassment, pornography, libel, harassment, infringing privacy, defamation, harmful to minors or is racially and ethnically objectionable, profane or inappropriate in any way;
d. Consists of any software virus/computer code/disruptive or corrupted program files, malware or any other such information capable of interrupting/destroying/limiting the functions of any computer resource/system etc.; and
e. Capable of posing a threat to the sovereignty, integrity, safety, unity and defense of the country (India) or spoiling any friendly relations of the country with foreign states.
- We do not control any User Content on the Platform which is why You agree to the instance where You may be subject to any indecent/immoral/questionable/offensive content. We are, under no circumstance, liable for such an event. We also do not incur a liability for any unwanted event that results after posting of any User Content on any other Platform by You.
- PRODUCT SUGGESTIONS AND RECOMMENDATIONS
While You are on the Platform and using Our services, You may encounter product suggestions/recommendations. It is to be noted that such suggestions/recommendations are solely for the purposes of information and to make Your purchasing experience convenient and enhanced. We do not share or create any liability of any sort upon Us and any purchases post such suggestions/recommendations are to be made at Your sole discretion and judgment.
- PRODUCT USE AND INFORMATION
- We try to provide accurate information accompanying the products You see on Our website so that You make an informed purchase. There may be inaccuracies in the content present on the website despite Our attempts like typographical errors etc. We provide pictures and descriptions along with the product for reference purposes only and the product may not exactly match the picture owing to the light settings, flashes, and other technical equipment used while photographing the products or Our packaging upgrades. We try to be as prompt as possible in keeping the User informed and the Platform updated but We do not guarantee the absence of any inaccuracies that may have escaped Our checks relating to pricing and availability of the products.
- All the products available for sale on Platform have a description and usage directions that will help You to understand the utility of the product for Yourself. We provide them for Your ease of reference and to ensure that the best products are used for Your concern.
- We enlist certain guidelines that are expected of You to be followed with regard to Your shopping with Us to protect each other from any harm:
- Any product that may be provided to You (including as a sample) from Us is expected to be used only by You by Your personal/professional concerns and any resale/commercial usage/manufacture is strictly prohibited and may make You liable for legal action. These are business concerns and We would appreciate if You follow the same.
- The products are accompanied by information descriptions but You are advised to take a patch test first, preferably on Your forearm or wrist, before a generous use. If any problems are observed after 24 hours of usage, We recommend that You immediately see a doctor, otherwise if You do not face any issues, You can continue to use the product.
- Please take the medical advice of a doctor if You are suffering from any skin condition/medical condition/skin disorder/have extra sensitive skin that may pose problems for You while starting the use of a new product. We say this in good faith so that You can happily indulge in the wonderful experience that Our products provide You with.
- PRICING INFORMATION
We strive to be always accurate with regard to the pricing of the products on Our website, however, errors may persist. The prices given for each product are in Indian rupees and presented for Your information and it may happen that the prices are not updated due to any technical glitch. In such situations, We reserve the right to revise the same and/or cancel Your order along with a notification through a suitable mode of communication and a refund. If there is any impossibility on Our end that forces Us to cancel Your order, We will notify You through a suitable mode of communication and provide You with a refund. Kindly note that the prices may be updated/modified/changed on the basis of reasons that We consider fit and are under no obligation to notify You about the same.
- MODE OF PAYMENT
- We provide all the customer-friendly modes of payment to You for Your ease of shopping. We accept payment through debit cards, credit cards, net banking, UPI and cash-on-delivery. If You are unable to exercise any mode of payment stated here, You can contact Us by writing to Us at email@example.com / firstname.lastname@example.org whereby a proper check will be done from Our end and We will notify You of the probable cause. If required, We shall make amends to rectify the same.
- If any payments are made to Us through any respective payment mode that are not in Your knowledge, We request You to check with the authorized Users of Your account with Us (friends/family/relatives/colleagues etc) after which You can contact Us on the above e-mail to discuss the pertaining issues. This will help Us to resolve the issues and initiate an investigation in that regard.
We pass on the risk of loss/damage to the products ordered by You after they are given to the shipping carrier for shipment. We are absolved of any liability in this regard.
We are a responsible business that is striving to make a lesser and lesser carbon footprint on the earth, thus, We have packaging practices that are environment-friendly. We believe in sustainable shifting to the new packaging options which is why You will see Us using glass bottles/jars, recycled paper labels, electronic invoices etc wherever possible.
- LIMITED RIGHTS
Any right that does not subsist in You as a User in accordance with these Terms is not allocated to You and is reserved with Us. The rights that You have are limited, non-exclusive, and non-transferable with regard to the use of this Platform. We have the reserved rights to terminate Your account and prevent/block You from further usage of this Platform without any prior notice.
- INTELLECTUAL PROPERTY RIGHTS
We are the sole owners of all the copyrights and database rights in the information and content existing on this Platform. The name of the Platform, logo, service marks, trademarks and any other intellectual property rights held by Us cannot be used unless You have an express approval from Us. You are prohibited from any action that may result in the publishing, distribution, or reproduction of any part of this Platform and its contents in any material/electronic form. You will be liable for any loss/damage that may occur due to any breach of the intellectual properties held by us, which can be traced to Your device/system. Your use shall be strictly restricted in terms of the Indian Copyright Act, 1957 or The Trade Marks Act, 1999 (as applicable) and other applicable Indian laws.
- PLATFORM SECURITY
- You are using this Platform only in the capacity of a purchaser/User and We do not provide any rights to You which include any attempt to meddle with the Platform’s security, its algorithms, authentication programs, and testing its security, making any attempts to hack Our servers, spreading a virus, spamming, mail bombing, overloading, crashing or hosting the Platform. This is in addition to not accessing any User Account that does not belong to You or for which You do not have any authorization. You cannot get involved in accessing any data on the Platform/related to the Platform for which You do not have authority. Any action pertaining to sending unsolicited e-mails, advertisements/promotions, violating system or network security etc. will render You liable for appropriate legal action.
- For any violations stated in Clause 11.1, We will take legal action and ensure that the law enforcement authorities are being cooperated with. Such Users involved with the causation of violative actions will be liable to make good the losses suffered by Us as a business entity.
- LIMITATION OF LIABILITY
- We are providing this clause as a disclaimer which accounts for an essential part of these terms. We are providing You with this Platform “As is”. We do not hold any responsibility/liability, express or implied, related to these Terms and Conditions, inclusive of but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- You affirm and agree that We are not liable, to the fullest extent possible, for any business interruptions/stoppage, any inaccuracy of the content of the Platform, malfunctions/malware that may arise while You use this Platform, including any third-party links available on the Platform, any loss/damage that is a result of any third-party links, data delivery issues like misdelivery/modification/corruptions and/or any event that is covered under force majeure or is out of Our reasonable control.
- We and any of Our affiliates/assigns/representatives/licensors/partners/subsidiaries will not be liable in case of damages of any nature including any indirect, special, or punitive. Incidental or consequential damages related to this Platform or its use irrespective of the form of action (contract/tort or others), irrespective of any amount of knowledge on Our part about such events. In ant event of this nature, the damages will not be exceeding Our maximum aggregate liability, in any manner, whatsoever.
- THIRD-PARTY LINKS
You affirm and agree to hold Us harmless and free from any kind of liabilities/claims/damages/expenses/costs arising out of any claims that are a result of any action/inaction on Your part and cause liability to Us or any third party. Such liability may be an effect of a breach of any warranties/undertakings/representations or avoidance of any obligations under these Terms by You or result out of violation on Your part, of any Applicable Laws/regulations. This clause will survive the termination of the Terms and Conditions.
Any part of these Terms may be found as invalid/unenforceable with reference to the Applicable Laws/warranties/disclaimers/limitations etc. as stated herein. In such an event, such a clause may be replaced and/or deleted at Our discretion in compliance with applicable Indian laws. In such a scenario, the remaining Terms will hold good and be enforceable/valid.
These Terms will be applicable to You till they are not terminated by You or us. You may terminate the Terms by discontinuing the use of this Platform or permanently deleting Your account with us. We reserve the right of terminating the Terms in accordance with any reason that may deem fit to Us and without any notice. We may deny You any access to Your account or the Platform as well, whereby, any of the actions stated in this clause, on Our part, shall not attract any liability on Us, whatsoever.
- REPORT ABUSE/VIOLATIONS
We request You to report to us, any abuse or violation of the terms stated herein. The Users of Our Platform responsible for publishing such information may be subject to legal action and We hold no liability for the same. To report such abuse/violations, email us at email@example.com / firstname.lastname@example.org__
- GOVERNING LAW
The Terms contained herein shall be subject to and governed by the laws of India without reference to the conflict of laws principles and disputes arising hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
- ENTIRE AGREEMENT
This Terms constitute the entire agreement between You and TISYAANA NATURALS and supersede any prior agreements/contracts/proposals/communications that may have taken place earlier.
If You have any query with regard to the Terms of this Terms and Conditions policy, please reach out to us at email@example.com / firstname.lastname@example.org