TERMS OF USE
(a) This document is an electronic record in terms of the 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.
(b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.earthmoya.com
(c) The domain name www.Earthmoya.com (“Website”), including its online services, such as use of software on Website and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website is owned and operated by Earthmoya Lifesciences private limited (“Company”) Company, incorporated under the provisions of the Companies Act, 2013, and having its registered office at: Plot No. 172, National Highway Main Road Jiwdhara, motihari (BR) India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
(d) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
(i) The term ‘You’ or “User” shall mean any legal person or entity accessing using this Website to services provided or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
(ii) The terms ‘We’, ‘Us’ &‘Our’ shall mean the Website and/or the Company, as the context so requires.
(iii) The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
(e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
(f) The use of the Website by the user is solely governed by these Terms as well as the Privacy Policy (“Policy”), available on Website and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.
(g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
(h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
Earthmoya herbal & Ayurveda is a recent entrant into online ecommerce space. The website provides platform to provide ayurvedic and herbal products that have a deepest impact on the health to reach out to a wider online population. The Company is the manufacturer and provides comfort and good quality ayurvedic and herbal products under the brand name “Earthmoya Herbal and Ayurveda” takes the responsibility of marketing and popularizing the site through different means as found feasible. Earthmoya is in B2C space and caters to individuals looking for excellent quality and sustainable products and is committed as well as working to raise the bar of User satisfaction with each passing days. The website is an online platform that enables you to purchase ayurvedic and herbal products listed on the website at the price indicated therein at any time from any location.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
(a) The User continues to access and use the Website; or
(b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
(c) You agree and acknowledge that www.Earthmoya.com control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the Earthmoya herbal & Ayurveda on www.Earthmoya.com
Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16&18 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 3 hereinabove.
(i) Earthmoya Herbal & Ayurveda is a platform where customers have an access to relevant information pertaining to their choices of Ayurvedic and Herbal Products through Comapany’s assistance.
(ii) Earthmoya Herbal & Ayurveda provides Ayurvedic and Herbal products to the User. The Color of the Products might change due to seasonal variations. All the bottled packaging for the Ayurveda and Herbal Products are BPA free. Though Earthmoya does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold or purchased on the Website.
(iii) By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to Care@Earthmoya.com The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
(a) Payments for the Services/Goods offered by Earthmoya Lifesciences private limited shall be made through payment gateway CC Avenue, Net Banking, Credit card, Debit card, UPI and other wallets.
(b) Earthmoya offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
(c) GST on all the above components shall be charge separately.
(d) Earthmoya Lifesciences private limited have a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
However, the Company reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
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