Terms & Conditions
Terms of Use
Welcome to OrgaAyur
These Terms of Use (“Terms” or “Agreement”) shall apply to use the Website and/or App of ORGAAYUR PRODUCTIONS PRIVATE LIMITED (collectively referred to as “OrgaAyur” or “We” or “us” or “our”). By becoming a registered user of OrgaAyur, you acknowledge that you have read and understood this Terms of Use and you agree to be bound by all of the terms and conditions of this Agreement.
1. Definitions
Unless otherwise expressly provided, the following definitions will apply to the capitalized terms:
(i) “App” means mobile application/website and tablet applications available at www.orgaayur.com owned and maintained by OrgaAyur;
(ii) “Confidential Information” means information provided by one party to the other including in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the disclosing party’s business or products, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party;
(iii) “Intellectual Property Rights” means and includes patents, trademarks, service marks, trade names, designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know how, trade secrets, any other protected rights or assets and any licenses and permissions in connection therewith, in each and every part
of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing;
(iv) “Representative “means any director, officer, employee, agent or professional advisor of OrgaAyur;
(v) “Services” means the services more particularly described in Clause 2 of these Terms;
(vi) “Website” means www.orgaayur.com owned and maintained by OrgaAyur;
(vii) “You” or “you” or “your” or “yourself” refers to the individual/user who uses the Services.
2. Services
2.1 A description of our Services together with the brochure are available in the Website.
2.2 We reserve the right to vary or withdraw any of the Services described on the Website without any notice.
3. Registration and Operation of Your Account
3.1. By registering in the Website and/or App, you acknowledge that the account registered by you is for your exclusive use only. Use or sharing of your User Name and Password
by another user is not permitted and is cause for immediate termination of this Agreement without notice to you.
3.2 You are solely responsible for maintaining the confidentiality of Your User Name and Password and for all activities that occur under your User Name and Password. You agree to immediately notify our Customer Service Department if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security. You also agree to take all reasonable steps to stop such unauthorized use and to co-operate with OrgaAyur in any investigation of such unauthorized uses or of infringements of OrgaAyur’s Intellectual Property Rights. OrgaAyur shall have the sole right to bring any action on account of such infringements or unauthorized uses. OrgaAyur is in no way liable for any claims related to the use or misuse of your User Name and Password due to the activities of any third party outside of our control or due to your failure to maintain your confidentiality and security.
4. License Grant and Proprietary Rights
4.1 OrgaAyur hereby grants you a personal, limited, non-transferable, non-exclusive and revocable license (without the right to assign, transfer or sublicense except as may be
specifically permitted in these Terms) to use the Website and/or App and the software in respect of the Services for the sole purpose of completing the Services.
4.2 Except as expressly provided in these Terms, no license, express or implied, is granted or intended to be granted to you and we reserve all rights not expressly hereby granted to you.
4.3 All Intellectual Property Rights in the contents of the Website and/or App is and shall remain, the Intellectual Property of OrgaAyur or its licensors, whether adapted, written for or customized for you or not.
4.4 Any breach of this Clause 4 or abuse of the policies of OrgaAyur will result in the immediate and permanent cessation of access to all OrgaAyur servers and Services and of
your license to use the Website and/or App and will be pursued to the fullest extent permitted under all Applicable Laws, treaties, and conventions.
5. Access outside India
OrgaAyur makes no representation that the content on the Website and/or App is appropriate to be used or accessed outside the Republic of India. Any users who use or access Website and/or App from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
6. Code of Conduct
6.1 You should be kind, respectful, inclusive, and supportive in all your communications associated with OrgaAyur.
6.2 No spamming, trolling, personal attacks, harassment, doxxing or advertising is permissible in the Website and/or App.
6.3 You should not post any malicious or obscene images, videos, messages, or inappropriate content of any kind.
6.4 You should use the channels provided properly as directed by OrgaAyur and/or its representatives.
6.5 You should not use our communication tools to send spam or otherwise send content that would violate our Terms. We may check for spam, viruses, phishing attacks and other
malicious activity or illegal or prohibited content of the Website and/or App.
7. Liability
7.1 Except as expressly set forth in these Terms, neither Party shall be liable for any indirect, consequential, exemplary, special, incidental, or punitive damages incurred or suffered by the other Party arising out of or in connection with these Terms. Although OrgaAyur aims to provide the Services to the highest standards of the industry, neither it, nor its representatives, accept any liability for (i) any loss or corruption of data, or (ii) any loss of profit, revenue or goodwill arising out of or in connection with these Terms.
7.2 You shall keep OrgaAyur saved and harmless from and against any and all third party claims, demands, actions, suits or cause of actions, including any claims related to infringement of any third party intellectual property rights or breach of any third party’s confidential information, arising from any act or omission committed by you pursuant to these Terms.
8. Disclaimer
8.1 The contents in the Website and/or App is created by experts and goes through strict quality checks. The Website and/or App is available to users, including you, on an “as is”
basis, without any warranties as to accuracy, fitness for use for a particular purpose, merchantability, freedom from any errors, defects or non-infringement, and we do not make any warranties that the Website and/or App shall always be running and free of downtime, or that it shall be error-free, or any representations regarding the availability and its performance or any of the websites to which links may be provided in the Website and/or App. We do not make any commitment that the contents in the Website and/or App will be compatible with or operate with your software or hardware.
8.2 We use cookies to store and gather certain data to enable a smoother user experience. Our Privacy Policy explains how such information may be collected and used.
9. Confidentiality
9.1 Each party agrees to preserve the confidential and secret nature of the other’s Confidential Information and to use the Confidential Information of the other party only for the purpose for which it is provided. Except for the purposes of fulfilling its obligations under these Terms or as permitted by these Terms, the receiving party shall not possess, access, use or disclose any of the other party’s Confidential Information without its written consent, and shall take the same measures to prevent disclosure of the other’s Confidential Information as it takes to protect its own Confidential Information, and in no event take less than commercially reasonable efforts.
9.2 Each party will disclose Confidential Information received from the other only to such of its employees, agents, contractors and advisors who need to know the same in furtherance of these Terms, who have been notified of the confidential nature of the said Information and are bound by signed written confidentiality agreements containing terms substantially similar to those contained in this Clause. Each party shall be responsible for any breach of confidentiality by its employees, agents, contractors and advisors.
9.3 On receipt of a request from the other party, the former party shall destroy or return all Confidential Information received from the other party and confirm the same in writing.
9.4 The obligations under this Clause will survive the termination of these Terms
10. Termination
10.1 We shall be entitled to terminate these Terms and cease to provide you with any Services with immediate effect in the event of any of the following is carried out by you:
(i) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of OrgaAyur , any Representatives or any participants who interacts with you;
(ii) cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any assessments taken in connection with the Services;
(iii) steal or act in fraudulent or deceitful manner towards us or our employees or representatives;
(iv) intentionally or recklessly damage our property or the property of our employees or representatives;
(v) breach of these Terms.
10.2 We reserve the right to monitor the IP addresses that are used to access Website and/or App and, if you are is found to be in contravention of the access rules (set out in Clauses 4.1, 4.2 and 4.3), we may terminate your access to the Website and/or App.
10.3 On termination of these Terms, Clause 4 (Intellectual property rights), Clause 6 (Liability) and Clause 8 (Confidentiality) shall continue notwithstanding such termination.
11. Privacy Policy
Please view our privacy policy for more details.
12. Indemnification
You agree to indemnify, defend and hold OrgaAyur, its affiliates, its content providers and their Representatives harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by us as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of these Terms.
13. Force Majeure
Neither Party shall be liable for delays in performance when caused by any of the following, which are beyond the reasonable control of the delayed Party: Acts of God, Acts of the public enemy, acts or failure to act by the other Party, acts of civil or military authority, governmental priorities, strikes or other labour disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the effect of time lost by reason of the delay.
14. Amendment
We may update or amend these Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time. Any changes to this Agreement will be posted on the Website and will become effective and be binding on you immediately upon posting in the Website.
15. Entire Agreement
These Terms together with the Website Disclaimer constitutes the entire agreement between the parties on the subject matter hereof, and supersedes all prior or contemporaneous written or verbal agreements and understandings with you in connection therewith. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
16. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with Indian law and courts at Kollam District (Kerala) shall have exclusive jurisdiction with respect of any dispute or other action arising as a result of, in relation to or regarding these Terms to the exclusion of any other court that may have jurisdiction in the matter.
17. Grievance Redressal
You may submit any grievance with respect to the Website and/ or App, or the Services, including with respect to any abuse on the Website and/ or App , any discrepancies or grievances with respect to access or usage of the Website and/ or App in violation of these Terms by any person, to the Grievance Officer at:
Title/Designation :Kottarakkara
Email Id :orgaayur@gmail.com
Telephone :7902210005
Terms of Sale
The terms and conditions of sale as set out herein (“ Terms of Sale ” or “ Agreement” ) constitute an agreement between the OrgaAyur Productions Private Limited (“OrgaAyur”, “ Seller” “we”, “us” or “our”) and the Buyer; and govern your purchase of the Products from us through our Website and/or App. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
1. Definitions
Unless otherwise expressly provided, the following definitions will apply to
(i) “App” means mobile application/website and tablet applications available at www.orgaayur.com owned and maintained by OrgaAyur;
(ii) Buyer" means the person or entity who buys Products from the Seller;
(iii) “Pricing Schedule" means the prices listed on the Website and/or App for Products by the Seller for sale or as revised from time to time;
(iv) “Product(s)" means the products offered by the Seller for sale on the Website and/or App;
(v) “Representative “means any director, officer, employee, agent or professional advisor of OrgaAyur;
(vi) "Seller" means OrgaAyur Productions Private Limited;
(vii) “Services” means the description of our Services together with the brochure or catalogue as available in the Website and/or App ;
(viii) “Website” means www.orgaayur.com owned and maintained by OrgaAyur;
(ix) “You” or “you” or “your” refers to the individual/user who uses the Services.
2. Contract of Sale
2.1 Listing and display of a Product by us on the Website and/or App is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Website and/or App by you is your offer to buy the Product(s) from us.
2.2 Once you have placed an order with us for purchase of a Product, you will receive an e- mail confirming receipt of your order and containing the details of your order (the “Order
Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
2.3 We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
2.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
2.5 You confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose(s).
2.6 All orders placed on the Website and/or App are subject to the availability of such Product, our acceptance of your offer as stipulated above and your continued adherence to these Terms of Sale.
2.7 You acknowledge and accept that the title and risk of all Products ordered by you shall pass on to you upon the delivery of the purchased Products to you.
3. Product Availability, Category and Specific Policies
3.1 We will list the availability information for the Products on the relevant webpage of OrgaAyur. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.
3.2 In case of live plants, although we take utmost care in designing our catalogue, the products shipped will vary from the images on the site, i.e. the number, size and shape of
branches, leaves, flowers on the plants etc. may vary. Hence any differences between the images on the Website and/or App and the Product received will not be covered under our Return, Refund and Exchange policy.
4. Pricing
4.1 All prices are listed in INR. Pricing Schedule as displayed is inclusive of all applicable taxes.
4.2 Products in your shopping cart will reflect the most recent price as displayed on the Product’s information webpage on OrgaAyur. It is possible that a Product’s price may change between the time you place it in your shopping cart and the time you place the order.
4.3 You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
5. Licenses
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining any such licenses/permissions and complying with the terms of such licenses/permissions.
6. Representations, Warranties and Disclaimers
6.1 Each party represents and warrants to the other that:
(i) it has the full power and the right to enter into this Agreement and to accept and grant the rights and licenses contemplated by this Agreement, without the need for any consents, approvals or authorisation not yet obtained and without any conflict with, breach of or default under its articles of incorporation or other charter documents or any other agreement by which it is bound;
(ii) this Agreement has been validly executed and constitutes a valid agreement binding on it which is enforceable in accordance with applicable law; and
(iii) it shall comply with all applicable laws, rules, regulations and directives as applicable to it in the grant, receipt or fulfilment of its rights, license and obligations pursuant to this Agreement.
6.2 You agree that all the products are to be treated with utmost respect and caution with no illegal activity being taken on.
6.3 OrgaAyur warrants that we will make our best efforts to post the Product description details in the Website and App. However, we cannot warrant that such Product description or other content posted on the Website and/or App is accurate, reliable, complete, current or perfect.
6.4 Garden Chemical Disclaimer: OrgaAyur uses a wide range of chemicals for its gardening products such as fertilizers, pesticides, weed killer and insecticide that contain harmful chemicals and shall be disposed of in a correct manner. We strictly put this to your notice that these chemicals should not be used for food, feed, oil or any other personal, experimental purposes which otherwise may introduce hazardous elements in environment or water supply.
6.5 OrgaAyur does not take any responsibility for the following:
(i) if you pour any chemicals used in the Product in sewage drains or sinks and do not dispose them normally. Instead, it is recommended by us that you may take them to your local recycling center so they can dispose them in an appropriate manner; or
(ii) if the containers or the chemical contents in the Product are put in other uses that could harm individual or people; or
(iii) if any accident occurs that may cause health injuries to humans or other living being due to inappropriate handling, misusing other than using in garden or disposing the containers anywhere that could contaminate the environment or water supply.
7. Liability
7.1 Except as expressly set forth in these Terms of Sale, neither Party shall be liable for any indirect, consequential, exemplary, special, incidental, or punitive damages incurred or suffered by the other Party arising out of or in connection with these Terms of Sale. Although OrgaAyur aims to provide the Services to the highest standards of the industry, neither it, nor its representatives, accept any liability for (i) any loss or corruption of data, or (iii) any loss of profit, revenue or goodwill arising out of or in connection with these Terms of Sale.
7.2 You shall keep OrgaAyur saved and harmless from and against any and all third party claims, demands, actions, suits or cause of actions, including any claims related to infringement of any third party intellectual property rights or breach of any third party’s confidential information, arising from any act or omission committed by you pursuant to these Terms of Sale.
8. Indemnification
You agree to indemnify, defend and hold OrgaAyur, its affiliates, its content providers and their Representatives harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by us as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of these Terms of Sale.
9. Amendment
We may update or amend these Terms of Sale from time to time to comply with law or to meet its changing business requirements or to correct any errors without any notice to you. We recommend that you review our Terms of Sale regularly, in order to review any changes we might make from time to time. Any changes to this Agreement will be posted on the Website and will become effective and be binding on you immediately upon posting in the Website.
10. Force Majeure
Neither Party shall be liable for delays in performance when caused by any of the following, which are beyond the reasonable control of the delayed Party: Acts of God, Acts of the public enemy, acts or failure to act by the other Party, acts of civil or military authority, governmental priorities, strikes or other labour disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the effect of time lost by reason of the delay.
11. Waiver
No provision in these Terms of Sale will be deemed waived and no breach is excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. Governing Law & Jurisdiction
These Terms of Sale shall be governed by and construed in accordance with Indian law and courts at Kollam District (Kerala) shall have exclusive jurisdiction with respect of any dispute or other action arising as a result of, in relation to or regarding these Terms of Sale to the exclusion of any other court that may have jurisdiction in the matter.
13. Entire Agreement
These Terms of Sale together with the Privacy Policy, Terms of Use and all other policies of OrgaAyur constitutes the entire agreement between the parties on the subject matter hereof, and supersedes all prior or contemporaneous written or verbal agreements and understandings with you in connection therewith. If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.