This legal 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.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of of www.gulabgoodness.com, its mobile app (if any) and other integrated systems (“Gulab Goodness”)
Gulab Goodness is owned by GULAB OILS (PANKAJ INDUSTRIES – A PROPRIETORSHIP FIRM (“firm”)) having its registered office at TELIYA MILL COMPOUND GATE NO.2, OPP. CENTURY MARKET, NR. PREM DARWAJA, KALUPUR, AHEMDABAD, GUJARAT. This is an agreement between Gulab Goodness and user which shall be binding on the User.
These terms of services apply to all users which use Gulab Goodness. Users in this context shall include end users whether registered or not on Gulab Goodness.
By using this site/app, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to “we” or “us” “web” or “site” or “app” or “firm” are references to Gulab Goodness and “you” as user of Gulab Goodness.
This User Agreement contains rules and regulations, policies and terms conditions and agreements applicable to any person who may access or use Gulab Goodness, including any sub domains, web pages or extension of Gulab Goodness and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The firm reserves the right to change this web and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the firm believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the site/app on publicly accessible links and you agree by accessing, browsing or using this site/app that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the firm posts the same on the site/app. [In the event, that the User Agreement includes a substantial change, the firm will provide prior notice of such substantial change by posting the same on the site/app and also at the email address provided by the User to the firm. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Gulab Goodness Rules and Policies as provided from time to time.
This site/app may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the site/app. A minor is not allowed to access or register as a user on the site/app. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
Registration and Communication
You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the site/app will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The firm, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You shall not use this site/app for any other purpose other than as mentioned on the site/app or for products/services that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while transacting or registering or for any other purpose when prompted to do so on the site/app. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the site/app to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the firm has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the firm reserves the right to indefinitely suspend or terminate or block your use or access to the site/app in any manner whatsoever.
Electronic Communication: You agree and acknowledge to keep yourself updated with all data, information and communication pertaining to you including but not limited to correspondence email id, mobile number and other relevant details. You further agree that your use of the site/app or provision of any data or information including any correspondence (by email or otherwise) to or by the firm is through electronic records and you give consent to receive communication from the firm via electronic records which will be deemed adequate service of notice/ electronic record.
Subject to the terms and conditions of this agreement, we grant to you a non-exclusive, non-transferable license to use Gulab Goodness. You shall use the Licensed Program of Gulab Goodness for your own use only. You shall not, however, transfer or sublicense the same to any third party, in whole or in part, in any form, whether modified or unmodified.
User may only register and transact with Gulab Goodness if you have the necessary technical requirements at your disposal. You shall have PC/smart phone having at least 3G internet connection. You clearly agree and acknowledge that the availability and the proper functioning of technical requirement is your sole responsibility.
The instructions (step by step procedure displayed on various forms) “How to use” Gulab Goodness will be available on the homepage/relevant pages of the site/app. All users are to ensure that they read and adhere to these instructions (steps) for accessing Gulab Goodness. The user agrees that Gulab Goodness shall not be held responsible in event of any occurrence due to the non adherence of these instructions (steps) which prevents the user from using the site/app as designed or due to any reasons over which Gulab Goodness have no control.
Further, you also give permission to the firm to store details and records of your usage of the site/app indefinitely. However, this does not constitute any obligation on the part of the firm or the site/app to do so.
Payment shall be made as per the product price list available on Gulab Goodness subject to offers available on the site from time to time.
Further, the firm reserves the right to introduce new products/services or modify/upgrade the existing products/services provided on the site/app. Additionally, the firm at its sole discretion may introduce new charges for the new or modified/upgraded products/services provided.
Changes to the User Agreement or any of the rules and policies of the firm shall be posted on the site/app and such changes shall automatically become effective immediately after they are posted on the site/app. Further, the firm reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your registration with the site/app and disallow access to the site/app.
Firm uses Payment systems as may be authorized by the Reserve Bank of India. The firm neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the firm be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Site/app access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that firm shall never be held responsible for any problems and related damages that may arise due to the internet malfunction/connectivity issues and when the site/app is closed for maintenance / updating with or without prior notice.
User account and security
To register/transact on Gulab Goodness, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including but not limited to your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, ransomware, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the site/app or the firm or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the firm has the right to immediately terminate the access or usage rights of the user to the site/app without any notice and any such violative information that is displayed or submitted on the site/app can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data that belongs to you. You hereby agree that you will not expect the site/app to restore or keep back up of your information and data and not hold the site/app or the firm accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the site/app or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the site/app and also for taking appropriate legal actions.
If you choose to provide feedback on the site/app which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the site/app in any manner. Further, you shall not use the site/app to promote any other person’s business or interests on the site/app unless permitted by the firm in writing.
Obligations under relevant sections of Indian Cyber Laws
You agree and acknowledge that
- You shall not use this site/app for any purpose that is unlawful and illegal.
- You shall not try to penetrate the site/app and will not implant any virus, Trojan, worm, spyware, malware, ransomware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our site/app
- You shall not use this site/app for publishing or promoting or transmitting pornographic data or child pornographic details
- You shall not carry out any web jacking attacks on this site/app.
- You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, 66B, 66C, 66D ,66E ,66F ,67 ,67A ,67B ,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
- You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to firm or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
Third Party Links
We may choose from time to time to provide links to various third-party site/apps from the site/app. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such site/apps. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content or services available through such site/apps.
Contents of Gulab Goodness
Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents of Gulab Goodness”) may be added to and removed from the service without notice. The Information, reports, videos, blogs, newsletters and other details included in the service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. Gulab Goodness unequivocally states that the contents provided in the site/app shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform Gulab Goodness about the same through all available means provided in the site/app of Gulab Goodness along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that Gulab Goodness shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with Gulab Goodness and providing Gulab Goodness an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
User agrees and acknowledges that we shall use the name and other personal details of user for our promotion, marketing or announcement or press release without any prior consent of the user.
You shall fully indemnify and hold harmless the firm and the firm’s parent, subsidiaries, affiliates, third-parties and their respective officers, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any other User Agreement, law, rules or regulations or the rights of a third party.
Intellectual Property Rights (IPR)
The graphics, software, display formats (excluding online contents defined above), design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, flow and every other matters related to the site/app are owned by the firm and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Gulab Goodness” and other marks are either trademarks or registered trademarks of GULAB OILS (PANKAJ INDUSTRIES) having its registered office at TELIYA MILL COMPOUND GATE NO.2, OPP. CENTURY MARKET, NR. PREM DARWAJA, KALUPUR, AHEMDABAD, GUJARAT. You shall not make any changes in the design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, flow and every other related matter. Further, you shall not have any rights to compel/force us to make any changes in aforesaid matters. The firm whenever deems right shall have the authority to change design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, flow and every other related matters which shall be applicable to all Gulab Goodness users.
Every effort has been made to ensure the originality and authenticity of every matter on Gulab Goodness. Similarities with any other matter on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the site/app of Gulab Goodness about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame.
Other products/services, names of companies and brand names displayed (if any) on the site/app may be the trademarks or copyrights of their respective owners.
Users shall not:
- re-sell the product/service or any part of the contents to others;
- make the product/service or any contents available to Unauthorized Persons on any network;
- abstract, download, store, reproduce, transmit, display, copy, distribute or use site/app other than as permitted;
- decompile, disassemble or reverse engineer software programs, databases or other systems used by us to provide the Service;
- use the product/service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the service or the enjoyment of the service by other users.
Termination of services
Initial term of this Agreement shall start from the date specified in the activation email/sms.
If, at any time, we have reasonable grounds to believe that the user is not using the site/app in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the data by persons other than the users identified in the subscription, we may suspend the provision of the service to the user by terminating this agreement. You agree and acknowledge that we shall have no obligation to reinstate the registration until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the registration. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.
On termination of this agreement for any reason:
- (i) All licenses granted under this agreement shall immediately terminate;
- (ii) The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
You agree and acknowledge that in no event shall the firm or its partners, managers, staff members, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the site/app, the Pay Facility, or any other products/services under this Agreement. Further, you clearly agree and acknowledge that the firm’s liability in any circumstance is limited to the amount of charges, if any, paid by you to the firm. The firm, its partners, associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, services, text, graphics, links or communications provided on or through the use of the site/app or that the operation of the site/app or Pay Facility will be error free and/or uninterrupted. Also, the firm assumes no liability whatsoever for any monetary damages, health problems, mental agony, bodily injury, death or other damages suffered due to use of any information/services/products of site/app or on account of any delay, failure, interruption, or corruption of any information/services transmitted in connection with use of the site/app or Pay Facility.
Without limiting other remedies that the firm may pursue, the firm may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide you with access to the site/app or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the firm shall waive any rights or claims that the firm may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the site/app or use the site/app in any manner whatsoever until such time that such User is reinstated by the firm. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the firm reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal ProcessIn case of any grievance, objection or complaint on your part with respect to the site/app, other Users or the firm, including any complaints or enquiry about suspension, termination or blocking of your subscription or right to use the site/app, you should promptly raise such grievance or complaint with the designated Grievance Officer at [email protected] or [email protected] Goodness.com and provide him with all necessary information and/or documents to enable the firm/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the site/app as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
ConsentThe contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
- All notices given under this agreement shall be in English.
- If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
You clearly agree and acknowledge that while this Agreement is in force and for a period of Twenty Four (24) months thereafter, you shall not directly or indirectly solicit or offer employment to any of the Gulab Goodness’s officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the Gulab Goodness’s prior consent. You clearly understand and agree that Twenty Four (24) months period is reasonable after considering training and grooming time as well as investments made by Gulab Goodness.
Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication and every other material of Gulab Goodness shall be kept completely confidential.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the firm and you shall have no authority to bind the firm in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the firm shall be given by email to [email protected] or [email protected] Goodness.com and any notices to you by the firm shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the firm with respect to the subject matter herein.The firm at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the firm assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the firm under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the firm during your use of the site/app or any service incidental to the site/app or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the firm whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings without any conflict of laws. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction without any conflict of laws. However, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officer, Gandhinagar, State of Gujarat (India) under I.T.Act, 2000 shall be made applicable.
This document is an electronic record in terms of Indian Information Technology Act, 2000 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 signatures.
This Agreement may not be assigned or sublet by the user without the prior consent of firm.
In the Event of Merger, Sale etc.
In the event that Gulab Goodness is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. Please direct any questions that you may have at any time to [email protected]/[email protected] Goodness.com.
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs like power failures, internet failures etc. and industrial disputes.
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.
In this agreement unless otherwise specified:
- a) Reference to a Subsidiary or Holding company is to be interpreted in accordance with the Indian Companies Act;
- b) Reference to a party is reference to a party of this agreement and this includes the party’s permitted assignees and/or the respective successors in title to the whole undertaking;
- c) Reference to a person includes any person, individual, company, firm, corporation, government, state or agency of a state, or any undertaking regardless of it having a legal representative or not and notwithstanding of the law under which it exists;
- d) Reference to any statute or statutory instrument or any of its provisions shall be interpreted as a statute or statutory instrument or provisions that is re-enacted or amended from time-to-time;
- e) All words/terms denoting the singular shall include the plural and vice varsa;
- f) All words/terms denoting any gender shall include all genders;
- g) All references to the clauses and Schedules shall be interpreted as reference to clauses or Schedules of this agreement.
Refund and Return policy
Subject to investigation, Firm may accept any return upto 7 days after delivery. (Even if the pack is opened) Subject to investigation, in any case of quality complaint, firm may try and exchange the product with the quantity oil left or else firm may pay back the balance amount of oil .(depending of liters of oil left in a can)
Subject to investigation, Firm may pay back the amount in 7 working days time from the date of approval. Refund amount will be sent back in user’s bank account directly.
Firm will accept cancellation request once the order is delivered. In case of order placed and delivery is pending, firm may consider the cancellation request.