This is a legal agreement between you and Vishwadeep Trust(VT), i.e. the registered trust which is the licensed owner of the brand “GUNA” and the website “www.gunaorganics.com”.
1) Membership Eligibility
Use of the Website is limited to 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor, i.e. under the age of 18 years, and wish to use or transact on the Site, such use must be made with the consent and under the supervision of a parent or legal guardian who agrees to these terms and conditions, and transactions must be made by your legal guardian or parents on the Site.
2) GUNA Service
The GUNA Service is a transaction, information and interaction/communication service available to authorized users (“customers”) who access ‘gunaorganics.com’. Gunaorganics.com currently provides an online shopping and delivery service for organic dried fruits and oils, we also take registrations for our workshops and events and may in the future provide additional shopping and related services.
GUNA’s employees, agents or designees will deliver the orders placed on the Site, or through another other mode of communication. Vishwadeep Trust sells products under the “GUNA” brand. The prices of the “GUNA” branded products, which includes all fresh produce i.e. dried fruits and oils, sold on the Site are set by GUNA.
Delivery will be made to the delivery address that you specify when you confirm your order. Prices for products you place in your cart will be guaranteed for the transaction. Payment for your order and delivery fees, if any, is due at the time of delivery, if not already paid for through an online payment.
You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order.
If GUNA cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, or wrong address/details given to us by you, you might be assessed an additional fee.
If you are not satisfied for any reason with an item purchased through the GUNA Service, you may email us at ‘info@Gunaorganics.com’ or call customer service on 011-49056273 at the time of receiving your order. GUNA’s liability for missing a delivery is limited to delivery at a later agreed time at no additional charge.
(a) Pricing: All the products listed on Gunaorganics.com will be sold at MRP unless otherwise specified. The prices mentioned at the time of placing an order are the applicable prices. Prices of non perishable products do not fluctuate on a daily basis.
(b) Cancellation Policy: You as a customer can cancel your order anytime up to the cut-off time (4 hrs before delivery) of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transactions by a customer or any transaction which defies the terms & conditions of using the website, we shall cancel such orders at our discretion. We will maintain a negative list of all fraudulent transactions and customers and may deny access to them or cancel any orders placed by them. However, if there are changes in the delivery slot time you requested or need to add more products, you need to edit your order by logging into your account on the Site, or call customer care 011-49056273.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by GUNA for redelivery shall be claimed from you.
That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. GUNA reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Site for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
3) User Accounts and Information
If you wish to place an order on the Site, you will have to register and/or login before you are able to checkout or confirm your order. As part of the registration process on the Site, you agree to provide GUNA with accurate and complete information as required by registration for the GUNA Service (“Customer Registration Data”), including, but not limited to, First Name, Last Name, email address, mobile phone number & other contact details, Address, Postal code, order history, and may request for Demographic profile (like your age, gender, occupation, education, etc.). Upon registration, your username and password will allow you to access the Site. If the Site provides an option to place an order without registering, an account will still be automatically created for you, and all the required information collected, and a randomly generated password will be emailed to you, which you can change whenever you wish. The Site will send communication and notifications related to your account and purchases, or as and when required, to which you consent by registering on the Site, and you are responsible to keep your details accurate to ensure such communications reach you. You are responsible to promptly to notify GUNA of any change in your Customer Registration Data by logging into the Site and going to “My Account”. If you are a phone user you can call and speak to customer care on. For instance, if you are a registered customer, and change your address or phone number, it is your responsibility to update your account so that all your future orders are delivered to the new address and necessary communication is possible. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify GUNA immediately by emailing info@Gunaorganics.com or calling 011-49056273 of any unauthorized use, loss or theft of your password or your account. You will remain liable for any use of the GUNA service until you notify GUNA of the unauthorized use, loss or theft.
The Site may also collect information about the pages on the site you visit, the links you click on the Site, the blog posts you read or share, the frequency with which you visit the website or a particular page and any such browsing information. We may communicate with you by email, phone, or sms or by another mode of communication, electronic or otherwise.
4) Copyright & Trademark
GUNA, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of GUNA or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by GUNA. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of GUNA. You may not modify, distribute or re-post anything on this website for any purpose.
“GUNA logo,” all GUNA logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of GUNA or otherwise proprietary to GUNA and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply GUNA endorsement, sponsorship or recommendation of the third party, information, product or service.
GUNA is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of GUNA or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by GUNA, one of its affiliates or by third parties who have licensed their materials to GUNA and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of GUNA and is also protected by Indian and international copyright laws.
5) License & Site access
GUNA grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GUNA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GUNA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of GUNA and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or GUNA’s name or trademarks without the express written consent of GUNA. Any unauthorized use terminates the permission or license granted by GUNA.
6) Unauthorized or Fraudulent Use
GUNA does not offer the Service to children. By registering for the GUNA Service, you warrant that you are at least 18 years old. If you are under 18, you may use the GUNA Service only with the consent of a parent or guardian. From time to time, the Site may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use.
7) Changes in Agreement or GUNA Service
GUNA may at any time change any of the terms of this Agreement but not limited to, the amount of, or basis for determining, any fees or charges for the GUNA Service. If GUNA makes material changes to this Agreement, it will provide notice to you in a manner provided in this Agreement. Your use of the GUNA Service after any such change will be conclusively deemed acceptance of such change. GUNA may discontinue or revise any or all aspects of the GUNA Service without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances. If any change is unacceptable to you, you may cancel your GUNA Service and terminate this Agreement.
8) Privacy and Security
- Aggregated Information. GUNA may use aggregated information regarding its customers and usage of the GUNA Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. GUNA may employ other companies and individuals to perform certain functions such as delivering packages and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. GUNA may use or disclose personal information when it believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of GUNA or its users or to comply with the law.
We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
10) Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE GUNA SERVICE, GUNAORGANICS.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GUNA SERVICE, GUNAORGANICS.COM AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GUNAORGANICS.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GUNAORGANICS.COM DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY GUNAORGANICS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT GUNAORGANICS.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER GUNAORGANICS.COM NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS “ASSOCIATES”) SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE GUNA SERVICE, GUNAORGANICS.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH GUNA.
11) Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of GUNA. Such disclosure, submission or offer of any Comments shall constitute an assignment to GUNA of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, GUNA owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. GUNA will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. GUNA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site 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. You further agree that no Comments submitted by you 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 form of “spam”.
GUNA does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant GUNA the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify GUNA and its affiliates for all claims resulting from any Comments you submit. GUNA and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- Any information provided by you on this site shall not be misleading in any way.
12) Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, GUNA and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless GUNA, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to GUNA 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 your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or GUNA. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. GUNA may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to GUNA. Upon any termination of the User Agreement by either you or GUNA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. GUNA’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
15) Modification of Terms & Conditions of Service
GUNA may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. GUNA may give notice to you of a change in this Agreement and any other matter by general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
16) Legal and Miscellaneous
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If any dispute arises between you and GUNA during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by GUNA. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
(b) Applicable law
This site is created and controlled by GUNA. The laws of India shall apply and courts in New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. GUNA reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of GUNA. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein