Terms and conditions
AGREEMENT This Agreement [hereinafter ‘Agreement’] is executed between the following parties: -
1. Person(s) signing up for use of the Website OR using the Website without signing up [hereinafter called ‘user’] and its related apps, services, and tools, and agreeing to the terms and conditions laid down as under. SWITCH 2 ORGANIC VENTURES and the person(s) using the Website shall be hereinafter individually referred to as “Party” OR “Firm”, and collectively as “Parties” OR “Firms”.
A. WHEREAS SWITCH 2 ORGANIC VENTURES is a delivery platform which allows users to order products via a mobile application or a website and is owned and operated by the Firm.
B. WHEREAS the User acknowledges and declares that he/she is a person competent to contract under the Indian Contract Act, 1872, meaning that he/she has attained the age of 18 years, is of sound mind, and is not disqualified from contracting by any other law to which he/she is subjected to. In case the User is a minor below the age of 18 years, parental supervision is mandatory and necessary for the use of the services offered by the Firm and subject compliance of the laws in force.
DEFINITION CLAUSE Unless defined elsewhere in this Agreement, defined and capitalized terms used in this Agreement shall have the same meaning as set out here in below.
1. “Agreement” shall mean the agreement entered between the Firm and the User and as modified from time to time.
2. “App” shall refer to the Application. For the purposes of this Agreement, the App may be referred along with the website of the Firm as ‘Website’ wherever the context so requires.
3. “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, byelaw, government approval, directive, guideline, requirement or other governmental order, having the force of law of any of the foregoing, by any governmental, regulatory or judicial authority having jurisdiction.
4. “Comments” shall refer to the reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with the User’s use of this Website.
5. “Firm” shall refer to SWITCH 2 ORGANIC VENTURES, a registered partnership, having office at TS 70, 1st Floor, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600032, Tamil Nadu and is the owner of the platform .
6. “Party / Parties” shall mean the User and/or Firm, as the case may be.
7. “Promotional Material” shall refer to the materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials hosted on www.com.
8. “Spam” shall refer to comments submitted by the User to the Website which contain libellous or otherwise unlawful, threatening, abusive or obscene material etc.
9. “User” shall refer to person(s) signing up for use of Application, website and its related apps, services, and tools and agreeing to the terms and conditions laid down as under and/or as defined under Pt 1. first outlined above
10. “Wallet” shall refer to the User’s wallet maintained by the Firm on the App or Website. The User agrees to the following:
1. Security of ACCOUNT
A. The User shall provide the Firm with accurate and complete registration details and in case of any changes; he/she shall inform the Firm immediately of any changes to the previously provided information.
B. The User shall only use his/her account for personal use and shall not purchase products for business purposes. Any violation of the said provision shall make the User liable for breach of this Agreement and the Firm shall use its sole discretion and be entitled to terminate this Agreement forthwith.
C. It is the responsibility of the User to maintain the confidentiality of his/her account, protect his/her password, and restrict access to the system to prevent unauthorized access to his/her account. The User shall inform the Firm immediately if the User has any reason to believe that the account security of his/her account is compromised.
D. The User shall be solely responsible for all activities that occur through the User’s account.
3. AMENDMENTS The Firm exclusively owns and reserves all the rights to amend this Agreement and/or any other Rules and Policies at any time, and the same shall be brought to the notice of the User by posting the amended versions on the Website. The User hereby irrevocably acknowledges and agrees to be bound by such amendments made by the Firm from time to time.
4. CODE OF CONDUCT A. The User agrees and declares that he/she shall not use the website in any manner that shall cause, or is likely to cause, the website, or access to the Website, to be interrupted, damaged or impaired in any manner. B. The User understands that he/she is solely responsible for all electronic communication and content sent from the User’s mobile or computer and that he/she shall use the Website for lawful purposes only. The Firm shall not be liable for any communication or content sent by the User from his/her system.
C. The User agrees not to use the website for any of the following:
i. For fraudulent purposes, or in connection with any criminal offense or other unlawful activity under the prevailing laws at any time.
ii. To send, use, or reuse any material, which does not belong to the User, is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, is misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic, menacing, ethnically objectionable, disparaging, or in breach of copyright; or is otherwise injurious to third parties; or related to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person or threatens the unity, integrity, security, or sovereignty of India or friendly relations with foreign states).
iii. To cause annoyance, inconvenience, or needless anxiety to the Firm or any other third party.
5. PRICING A. Unless otherwise specified, the products listed on the site shall be sold at the Maximum Retail Price. Moreover, the prices mentioned at the time of ordering shall be the price charged on the date of delivery.
B. The prices of certain products, might fluctuate on a daily basis.
6. CANCELLATION POLICY The order would be cancelled and funds would be remitted to the buyers in the following eventualities:
A. If the User cancels the order before the order is dispatched by the FIRM.
B. If the Firm fails to accept the order within 48 hours from receipt
C. If the Firm fails to dispatch the order within the maximum period of dispatch communicated to the User. If the order is cancelled by the Firm unilaterally due to force majeure conditions such as act of god, civil commotion, non-availability of product from the supplier, riot, war, any court order/injunction of any notice, order, rule notification of the Central Government and/or State Government and/or any local or public body and/or competent authority and/or any reasons and/or circumstances beyond the control of the Firm which has disturbed, delayed, hindered or prevented the delivery schedule, in such case, the Firm shall not be liable for any loss or damage caused to the User and the User agrees that no liability whatsoever can be attached on the Firm. In case where User fails to take delivery of the product within the stipulated date of delivery and the product contains any perishable item, charges for same shall be borne by the User and no refund shall be provided in that case. The User understands and acknowledges that cancellation of any order placed may be affected only by contacting the Firm either through telephonic communication at +919840012500 or through email communication at customer@.thalini.com and completing the entire process of cancellation. The Firm reserves the right to decide any dispute in relation to cancellation of order and the User agrees that the same shall not be subjected to any legal proceedings. All returns, exchanges, or cancellation of products are subject to confirmation of the said returns, exchanges or cancellation, as the case may be, by the manufacturer of the said goods and the terms and conditions mentioned on the invoice. Unless otherwise provided, the Firm does not provide any guarantee or warranty for any product sold.
7. MOBILE SERVICES The User acknowledges and agrees that his/her use of the App or Website shall be in accordance with the terms of service established by his/her mobile service provider, which may prohibit or restrict the downloading, installing, or use of certain services. The User further acknowledges that standard charges, data rates and other fee may be applied by the service carrier in relation to the aforementioned use.
8. RETURN & REFUNDS A. The User understands and acknowledges that products, once sold and delivered to the User, shall be subject to refund against return only if they are different from the products ordered by the User. The User understands and acknowledges that products, once sold and delivered to the User, shall be subject to return/replacement, only if they are reported with damaged packing or opened packing at the time of delivery and with related evidentiary proof to support the claim.
B. The duration for which requests for refunds or returns shall be considered shall be within 5 working days of said request
C. The User understands and acknowledges that no refunds shall be made through cash. The refund amount shall be transferred to User’s wallet and such amount may be used for payment of further orders OR transferred for refund through the original method/mode of payment (limited to electronic transactions).
D. If the Firm fails to deliver a part of a pre-paid order, the corresponding value shall be transferred to the User’s Wallet (OR) transferred for refund through the original method/mode of payment (limited to electronic transactions). The User clearly and unequivocally understands and acknowledges that the Firm does not make refund in cash.
E. In respect of amounts transferred for refund through the original method/mode of payment (limited to electronic transactions), any deficiency in refund process and liability contingent shall be to the enablers of the refund process only.
9. EXCHANGE POLICY A. The Firm shall exchange or accept return applications for all products listed on the Website, however, the same is subject to the following conditions: A product cannot be returned unless it is different from the products ordered by the User OR found with damaged or opened packing at the time of delivery, which must be supported with related evidentiary proof to support the claim. In case of return/exchange the User must return the product in the same original condition as is supplied by the Firm. The Firm shall not exchange or refund the amount for products:
a) That are damaged due to mishandling of the product by the User.
b) That are tampered with or are missing labels attached with the packaging or the product;
c) That do not have their original packaging and accessories, including the box, manufacturer's packaging, if any, original invoice and all other items originally included with the product(s) delivered. ii. The User shall have to return all accessories, promotional material and/or other products associated with the main product as ‘bundles’ or ‘combos. iii. Subject to Return/exchange Policy, a purchased product can be exchanged or returned within 1 (One) to 3 (Three) days from the date of delivery depending on the nature of the product as mentioned herein above.
10. CUSTOMER ACCEPTANCE The User hereby agrees to the following:
A. To pay extra cost claimed by the Firm in case of redelivery due to wrong name or address or any other wrong information provided while booking order.
B. To use the Website to transact for lawful purpose in compliance with all applicable laws and regulation.
C. To provide authentic and true information in all instances and authorize the Firm to validate the information provided at any point to time and reject registration if any details are found to be untrue wholly or partly.
D. To access the services made available on the Website and to transact business at his/her own risk after using best and prudent judgement as a well-informed customer.
E. That the delivery address provided is correct and proper in all respects.
F. That the product description has been carefully checked before placing the order and agrees to be bound by the terms and conditions of sale.
11. PICTURES & COLORS The Firm has attempted to display images that represent the product and its colours, however, if there are variations or discrepancies in the actual product and the product image due to technical reasons or in case of general,generic images or images provided for illustrative representation purposes or for reasons beyond the control of the firm, the Firm shall not be made responsible for the same.
12. GOVERNING LAW AND JURISDICTION All disputes arising out of this Agreement and during the course of doing business on the Website shall be amicably settled. If the dispute is not resolved then the same may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment of statutory modification thereof. The dispute shall be settled by a sole arbitrator to be appointed by the Firm and the arbitration proceedings shall be conducted in the English language. The seat and venue of arbitration shall be Chennai Tamil Nādu. The award of the arbitral tribunal shall be final and binding upon the parties. The courts of competent jurisdiction in Chennai shall have exclusive jurisdiction over any dispute, differences or claims arising out of this agreement.
13. CUSTOMER SOLICITATION A. The User agrees to receive emails, calls, and SMS texts through different mediums for solicitation of products. B. If the User intends to be excluded from such direct marketing communication and solicitation, the same must be communicated to the Firm in writing or through email at email@example.com.
14. REWARDS POLICY
A. The rewards offered by the Firm through various campaigns held on the Website shall be subject to the applicable campaign rules, which are subject to change by the Firm, as communicated by the Firm on the Website.
B. The Firm reserves the right to terminate the entire reward credits system without any refund or compensation for the pre-existing reward credits (credit that can be used solely to purchase eligible products on the Website in accordance with these terms).
C. The User understands and acknowledges that all reward credits are subject to a period of expiry which shall be communicated to the User by the Firm and therefore the credits should be utilized before the expiry period ends.
D. If the user terminates his/her account before such expiry period as provided hereinabove or the User’s membership lapses for any reason during such period of reward, all of the reward credits of the User shall immediately be deemed to be invalid and cannot subsequently be redeemed.
A. The Agreement shall exist in perpetuity; however, the Firm reserves the right to terminate the User’s access to the Website without any advance notice on its sole discretion if there is reason to believe that the User has breached any of the terms and conditions as laid down by the Agreement.
B. The User shall not be permitted to use the platform and the Firm may cancel any outstanding orders for any products if the Agreement between the User and the Firm is terminated.
C. The Firm also reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
16. PAYMENT POLICY
The Firm shall accept the following offline and online modes of payment; however, the Firm reserves the right to add or delete any mode of payment without prior notice to the User.
A. Offline payment Mode: i. Cash on Delivery (CoD) - Buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the products at the delivery location. For CoD payment option, maximum order value is Rs 5,000/- (Rupees Five Thousand), however, the Firm may change this limit at any time without any further notice. ii. Card on Delivery: A mobile EDC machine shall be made available to the User to facilitate payment by Credit / Debit Card. If due to prevailing network condition in the User’s area or any technical glitch in the equipment or due to any other reason if the EDC terminal is not able to collect the payment, the User shall make payment by cash. Payment by the said mode shall be subject to availability of mobile EDC machine and the non-availability of the said mobile EDC machine shall not be considered as a valid reason for cancellation of order by the User. iii. In cases where payment is attempted but remains unsuccessful and a charge slip is not generated, the User shall make the payment in cash for that particular order. The Firm shall not be responsible for situations in which the User receives a payment confirmation SMS from the User’s bank without receipt of money in the Firm’s bank account. Upon a request made by the User and after due verification of the same, the Firm may provide a written confirmation of non-receipt of payment.
B. Online Payment Mode:
i. Credit Cards (except those issued internationally)
ii. Debit Cards (except those issued internationally)
iii. Net Banking iv. Wallet Payment
There may be certain credit/debit cards issued by Indian Banks which may not be accepted by the Firm. Kindly contact customer service for more details.
17. ACCEPTANCE OF PAYMENT:
The Firm reserves the right to ask for a photo identity proof along with the payment and in certain cases to reject the payment without prior notice. The Firm accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of the Firm and the User may be asked to submit copy of photo identity proof. However, the Firm reserves its right to deny acceptance of card payment without any prior notice. The Firm does not accept internationally issued credit/debit cards and certain cards issued by banks in India as well.
18. OBJECTIONABLE MATERIAL
The User understands and acknowledges that the Firm shall not be responsible nor partake in any liability in case the User comes across any content that may be deemed to be offensive, indecent, or objectionable and the use of the Website shall be at the sole risk of the User.
19. INTELLECTUAL PROPERTY RIGHTS
A. The User understands and acknowledges that use of the Website shall not confer any license or any other intellectual property right on the User.
B. The Firm and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Website.
C. The Firm shall be the sole owner and holder of all copyrights on the Website.
D. The User shall not use the Website, or any of its contents, including copying or storing it either in whole or part without the express permission of the Firm.
E. The Firm, its affiliates, partners, and suppliers hold all trademarks and service marks over the names and logos and all related product and service names, design marks, and slogans
F. The User understands and acknowledges that references to any names, marks, products or services of third parties or hypertext links to third party sites or information provided is solely for customer convenience and does not in any way constitute or imply the Firm’s endorsement, sponsorship or recommendation of the third party, information, product or service.
G. The Firm shall not be responsible for the content on any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. Users deciding to visit the link to any such third-party websites are doing so entirely at their own risk.
H. Promotional Material is intended solely for customer convenience.
I. All software used for the Website is the property of the Firm or its licensees and suppliers and protected by copyright laws.
J. The Firm strictly prohibits any other use except for shopping, including but not limited to reproduction, modification, distribution, transmission, republication, display, of the Contents on this Website.
K. The Firm is the sole copyright owner of the Compilation of Contents on the Website (meaning the collection, arrangement, and assembly)
20. REVIEWS, FEEDBACK, SUBMISSIONS
A. The Firm shall be the sole owner of all Comments submitted by the User.
B. The User understands and acknowledges that such disclosure, submission or offer of any Comments shall constitute an assignment to IRCPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
C. The Firm shall be the sole owner of all such exclusive rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
D. The Firm shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments the User submits for any purpose whatsoever, without restriction and without compensating the User in any way.
E. The Firm is and shall be under no obligation to: i. Maintain any Comments in confidence; ii. Pay the User any compensation for any Comments; or iii. Respond to any Comments.
F. The User agrees that any Comments submitted by the User to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
G. The User further agrees that no Comments submitted by the User to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of "spam". Please note all reviews submitted by customers are subject to checks and moderation by the content Team.
H. The Firm reserves the rights to
i. Subject reviews of customers to checks and moderation by the Content Team of the Firm.
ii. Solicit or withhold reviews and ratings with no liability.
iii. Accept, reject, moderate, monitor & edit or remove any comment. I. The User grants the Firm the right to use the name that the User submits in connection with any Comment.
J. The User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments submitted by the User. The User is and shall remain solely responsible for the content of any Comments made, and the User agrees to indemnify the Firm and its affiliates for all claims resulting from any Comments submitted by the User. The Firm and its affiliates take no responsibility and assume no liability for any Comments submitted by the User or any third party.
A. The User agrees to defend, indemnify, and hold harmless the Website and the Firm, its owners, partners, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, cost and expenses, including any attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, which may result in any loss or liability to the Firm or the Website or any third party, including, but not limited to , breach of any warranties, representations, or undertakings or in relation to the non-fulfilment of any of your obligations, under this User Agreement or arising out of the User’s violation of any applicable laws, regulations, including but not limited to, intellectual property rights, payment of statutory dues and taxes, libel, defamation violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
B. This clause shall survive the expiry or termination of this User Agreement.
DISCLAIMER: This Website and application provides Content without any warranties or guarantees and in an "As Is" and "where is" basis. The User must bear the risks associated with the use of the Site. This Website and application provide content from other Internet sites or resources and while the Firm and its software support service provider tries to ensure that material included on the Website and application is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Firm and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems user may experience with the Website and application. The Firm, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and application or that the operation of the Website and application will be error free and/or uninterrupted. Consequently, the Firm and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by the user on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and application; and/or any interruption or errors in the operation of the Website and application. This document is an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document constitutes a valid and legally enforceable contract under the Indian Contract Act, 1872. This document may be used as evidence in legal proceedings under the Indian Evidence Act, 1872 or any other law for the time being in force