Terms and Conditions
Last Updated: 03 Jun 2024
This document (“T & C 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 statutes as amended by the said act. The document is generated electronically, and it does not require physical or digital signatures.
Introduction
Vanyaa Organics (“Vanyaa”) offers products and services (“Products”) and content through their website vanyaa.co.in (“Website”) to users subject to the terms in the T & C Document, Privacy Policy, Ordering and Shipping Policy, Returns, Replacements, and Refund Policy, and other terms listed on the Website. These relate to features, functionalities, promotions, offers, discounts, order processing, shipments, deliveries, and those aspects related to customer service. All of these are deemed a part of and included within the terms and conditions listed in the T&C Document (collectively, “Terms and Conditions”). By accessing or using the Website, you, as a user, acknowledge that you have read, understood, and you agree, without limitation or qualification, to be bound by the Terms and Conditions.
Privacy
Vanyaa’s privacy-related practices are listed in our Privacy Policy.
Ordering and Shipping Policy
Please read our Ordering and Shipping Policy to learn how to purchase the Products and the processes we follow to ship and deliver the Products to you.
Returns, Replacements, and Refund Policy
Please read our Returns, Replacements, and Refund Policy to understand our practices related to product returns, replacements, and refunds.
Intended Use of Products
The Products and content described in the Website are for personal use only. You may not sell or resell any of the Products, or samples thereof, you receive from us. Vanyaa reserves the right to reduce the quantity of any Products provided to you or cancel the transaction that we believe, in our sole discretion, may result in the violation of Terms and Conditions.
Accuracy of Information
We strive for the accuracy of information provided on the Website. However, except to the extent covered by the applicable law, we do not offer any warranty that the Product descriptions, information, or other content available on the Website are accurate, complete, updated, or error-free.
Intellectual Property
All information and content available on the Website and its “look and feel”, including but not limited to logos, trademarks, service marks, text, graphics, buttons, icons, images, audio clips, video clips, data compilations, and software, and the organization thereof (collectively, the “Content”) is the property of Vanyaa, our partners, affiliates, or licensors, and are protected by laws of India, including laws governing all applicable forms of intellectual property.
Except as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Limited Licenses
Vanyaa grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to (a) frame or utilize any framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license, or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than for personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.
Vanyaa also grants you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A third-party website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our Products in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall always act in accordance with the law and customs and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Vanyaa, our affiliates, partners, or licensors.
Third-party Links
We are not responsible for the content of any third-party websites or pages linked to or from the Website. Links appearing on the Website are for convenience only. They are not endorsements by us, our affiliates, or our partners for the referenced content, product, service, or supplier. Your linking to or from any third-party, external pages, or other websites is at your own risk. We are in no way responsible for examining or evaluating. We do not warrant the offerings of such third-party websites or pages linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You may review the terms and conditions and privacy policies of such third-party websites and pages before visiting them.
Special Events and Features
Vanyaa may offer special features, functionality, or events (such as contests, promotions, or other offerings) which may (a) be subject to terms of use, rules, and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this, and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules, and/or policies.
Submissions
Any inquiries, feedback, suggestions, ideas, or other information you provide us (collectively, “Submissions”) in the form of uploads, postings, e-mails, snail mail, or by other means, in the form of data, text, software, music, video, sound, photographs, images, and other forms of content, will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our Products. You also acknowledge that your Submission will not be returned, and we may use your Submission, and any ideas, concepts, or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing our Products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
User Content
Any form of content, including but not limited to data, text, software, music, sound, photographs, graphics, images, videos, messages (“User Content”), transmitted to us in the form of uploads, posts, e-mails, or by other means, constitutes a form of Submission as defined in the previous section. You or third parties, and not we, are entirely responsible for all User Content posted to the Website. You agree not to engage in or assist, encourage, or force others to engage in transmitting, uploading, posting, e-mailing, or otherwise making available on the Website any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
Vanyaa does not endorse or control the User Content transmitted or posted on the Website, and therefore, we do not guarantee its accuracy, integrity, or reliability. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Vanyaa be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available on the Website.
You acknowledge that Vanyaa has the right, at our sole discretion, to refuse to post or remove any User Content, and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. We reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Intellectual Property and Copyrights
We respect the intellectual property of third parties. If you believe that copyrighted materials have been used in a way on the Website that constitutes a possible copyright infringement, please contact us over e-mail at support@vanyaa.co.in and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the Website; (iii) your address, telephone number and e-mail address:
Representations, Warranties, and Limitations of Liability
Vanyaa makes no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms and Conditions or the Website, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, Vanyaa will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third-party links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in Content or (g) events beyond our reasonable control.
Vanyaa’s Products are based on natural ingredients and are made in a traditional way, following ayurvedic or naturopathic approaches. Though extensive efforts have gone into making the Products safe and effective for human use, it is possible that certain users may find the Products allergic or causing adverse, unpleasant, or undesired effects, particularly to individuals with pre-existing medical conditions. Please read the list of ingredients and usage instructions carefully for each Product before using them. It will be your sole responsibility to take proper precautions by way of seeking medical or dermatological advice from healthcare professionals before using any of our personal care products. You agree that Vanyaa will not be liable for any Product-related issues, including without limitation, any allergic reactions to you on account of usage of our Products. For any purchases made from Vanyaa, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in the Product packaging/leaflets.
Further, to the fullest extent permitted by law, Vanyaa will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed ₹2,000 (Two Thousand Indian Rupees) only.
You agree that no claims or action arising out of, or related to, the use of the Website or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
Indemnification
You agree to defend, indemnify, and hold Vanyaa harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Website or breach of these Terms and Conditions. You also agree to indemnify Vanyaa for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Chennai, Tamil Nadu, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Chennai, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences, or claims arising out of your visit to or use of the Website shall be referred to the sole Arbitrator appointed by Vanyaa in accordance with the law. The venue of such arbitration shall be Chennai, India, and the award of the Arbitrator shall be final and binding on both parties. It may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to or use of the Website shall be submitted to an appropriate court or other judicial body in Chennai, India, as applicable, without prejudice to the applicable law and all applicable provisions of this section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights. You consent to exclusive jurisdiction and venue in such courts.
Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically, including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by e-mailing us at support@vanyaa.co.in and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in the appropriate section hereof, shall automatically terminate. For specific information pertaining to marketing communications that we may send you from time to time, please refer to our Privacy Policy.
Relationship between Parties
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us.
Complete Agreement
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
Waivers and Severability
Vanyaa’s failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, to most fully reflect the original intent of the parties as reflected in the original provision.
Changes/Updates to Terms and Conditions
We may update the T & C Document from time to time in order to reflect changes to our practices or for other operational, business, legal, or regulatory reasons. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. The date of the latest update shall appear on this page. Any changes are effective immediately once they are posted on the Website.
Contacting Vanyaa
For any queries on our Terms and Conditions, please send us an e-mail at support@vanyaa.co.in.