Terms of service

Introduction

www.avyaorganicsindia.com ('Website') is an online service operated and managed by Aaral Exports ('Avya' or 'we' or 'us'). In using the service, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at support@avyaorganicsindia.com or call us on +91-7639 636636. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. 

 Ownership of rights

The use of the Website and its content, including copying or storing it, for anything other than personal, non-commercial purposes is prohibited without explicit permission from Avya. All information on the Website is protected by copyright and other intellectual property laws, some content may be owned by third parties. The Website is designed, updated, and maintained by Avya or its licensors. Users are prohibited from modifying, publishing, transmitting, selling, reproducing, creating derivative works from, distributing, reposting, performing, displaying, or commercially exploiting any content from the Website.

 Accuracy of content 

We've taken utmost care to provide accurate data and information on our Website. This includes ensuring that prices are correct at the time of publishing and that all products are accurately described.  Though we strive to update the Website regularly, packaging may differ from what is shown. The weights, dimensions, and capacities provided are approximate. While we aim to accurately represent product colors on the Website, variations may occur depending on your monitor. 

Usage Restrictions

You are prohibited from using the Website for the following purposes:

• Disseminating material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
• Transmitting material that encourages criminal conduct, results in civil liability, or breaches any relevant laws, regulations, or codes of practice.
• Gaining unauthorized access to other computer/network systems.
• Interfering with another person's use of the Website.
• Breaching applicable laws.
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting, or storing electronic copies of copyrighted materials without permission.

Furthermore, you are not permitted to host, display, upload, modify, publish, transmit, update, or share any information on the Website that:

• Belongs to another person without the right to do so.
• Is  harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, or unlawful.
• Can harm minors.
• Infringes any patent, trademark, copyright, or other proprietary rights.
• Violates current laws.
• Deceives or misleads recipients or contains grossly offensive or menacing content.
• Impersonates another person.
• Contains software viruses or any code designed to interrupt, destroy, or limit computer functionality.
• Threatens national unity, integrity, defense, security, or sovereignty, or incites offenses.

Additionally, you are prohibited from:

• Violating or attempting to violate the integrity or security of the Website or its content.
• Transmitting disruptive or competitive information through the Website.
• Intentionally submitting incomplete, false, or inaccurate information.
• Making unsolicited communications to other users.
• Using any means to navigate or search the Website.
• Attempting to decipher, decompile, disassemble, or reverse engineer the Website.
• Copying or duplicating Website content.
• Framing, hotlinking, or deeplinking any Website content.

Quantity Restrictions

We have the authority to limit the number of items purchased per person, household, or order, as we see fit. These limitations may apply to orders made with the same account, credit/debit card, or using identical billing and/or shipping addresses. Customers will be informed if such restrictions are imposed. Additionally, we retain the right to refuse sales to any individual at our discretion.

Pricing Information

While we aim for accuracy in product and pricing information, errors may occur. We cannot confirm a product's price until after you order. If a product is listed incorrectly due to a pricing or information error, we reserve the right to refuse or cancel orders for that product, unless already dispatched. In such cases, we may contact you for instructions or cancel the order and notify you accordingly. Until dispatch, your offer is not accepted, and we may adjust the price or cancel the order, notifying you via email or contact number provided during registration. Upon order acceptance, payment will be debited from your card and you'll be notified. If we cancel after processing payment, the amount will be refunded. Prices and availability may change without notice. Promotional offers/discounts are limited to selected categories, and certain products/services may be excluded.

Indemnity

You agree to indemnify, defend and hold harmless Aaral Exports, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by us

Eligibility to use

The Website is accessible only to individuals capable of forming legally binding contracts under applicable law. We reserve the right to terminate membership and deny access to the Website at our discretion. The Website is not open to those with suspended or terminated membership. If registering as a business entity, you affirm your authority to bind the entity to this User Agreement. We do not assert that products or services mentioned on the Website are suitable for use outside India; users accessing the Website from other countries are responsible for compliance with local laws. Presently, we only deliver products within India and bear no responsibility for claims regarding products ordered from abroad. Some Indian states require special documentation for interstate merchandise sales; we reserve the right to accept or reject orders from such states at our discretion. Users accessing the Website from states with usage restrictions are responsible for local law compliance. We deliver only to states with open import policies and disclaim liability for claims regarding products ordered from restricted states. These terms and conditions prevail over previous agreements and any additional product-specific terms.

Privacy

• Your information, including sensitive personal data, is provided voluntarily, and you have the right to withdraw consent at any time, though withdrawal isn't retroactive. You can access, modify, and correct your data.
• Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service.
• The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.
• We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
• We do not allow other companies, to serve advertisements to you. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. This privacy policy applies to all websites, services and mobile applications that are operated and managed by us.
• We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website's provider, or the information on the website. We encourage you to read the privacy policies of that website.
• The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner. We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law.
• We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes.

 

Refusal of service

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS, WhatsApp or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

Website feedback, user comments and user generated content

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We 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. We are 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 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. 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'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us 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 us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Avya names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Avya or licensed to Plum. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. 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 Content, the Website or any related software. All software used on this Website is the property of Avya or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as an information resource and for purchasing our products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Plum and is also protected by Indian and international copyright laws. 

Objectionable Material

You understand that by using this Website or any services provided on the Website, 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 Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Termination

This User Agreement remains effective until terminated by either party. You can terminate it at any time by notifying us in writing via registered post, provided you cease using the Website. We reserve the right to terminate this Agreement at any time without notice, denying access to the Website, with no liability to Avya. Upon termination, you must destroy all materials obtained from the Website and any copies thereof. Our right to any Comments survives termination. Termination does not affect your obligation to pay for ordered products or any liabilities under the Agreement.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any 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 out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Avya, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing’;
• Sending unsolicited email, including promotions and/or advertising of products or services; or
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Avya on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

Entire Agreement

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 

If you have any questions regarding these Terms and Conditions, please email us at: support@avyaorganicsindia.com