Page Policies

PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) is an integral part of the Terms and Conditions of Bhava Earth (“Us” or “Our” or “We”) and must be read along with the same. This Privacy Policy is in accordance with the current Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. All the terms under this Privacy Policy that have not been defined specifically herein will have the meaning as attributed to it under the Bhava Earth Terms and Conditions.

We, Bhava Food and Research Labs, a Company incorporated under the Companies Act 2013, with our principal office at #673, 17th Cross, 24th Main Road, JP Nagar 6th Phase, Bangalore -

We operate and own the Bhava Earth Website and App.

By using this Website/App, you acknowledge and accept that your personal information will be processed in accordance with the Privacy Policy. Once the Privacy Policy is accepted, it will constitute a legal and binding agreement between our Company as the owner of the Bhava Earth Website/App and you as the user of the Bhava Earth Website/App. "User" means any persons/person who accesses the Website/App or avails our services.

This Privacy Policy delineated our procedures as well as our policies for collection, use, storage, processing, disclosure and protection of any information, including, but not limited to, business or personal information provided by you as the user during the use of the Bhava Earth Website/App.

By accessing/visiting our Bhava Earth Website/App, and providing us information (sensitive, personal and/or non-personal) voluntarily, you are giving your consent to our use of it in accordance with this Privacy Policy. This Privacy Policy is not applicable to third-party applications connected through links to our Bhava Earth Website/App. If you do not wish to agree with this Privacy Policy, kindly do not proceed to use/access the Bhava Earth Website/App.

We may update this Privacy Policy now and then, we will make efforts to notify you, but you must from time to time review the Privacy Policy for the latest information about our privacy practices.

1. Date of Effect:

This Privacy Policy comes into effect from 04-05-2022.

Thank you for visiting Bhava Earth Website/App. Your visit to this Website is subject to this Privacy Policy and our Terms and Conditions. This Privacy Policy governs only information provided to Bhava Earth and by accepting this Privacy Policy, you expressly consent to your use and disclosure of your personal information in accordance with this Privacy Policy.

2. Information Collection

During the use of Bhava Earth Website/App, we will collect such information from you including but not limited to:

  • Contact Information and phone number for registration
    • Contact permission is required as an essential part of the process to collect your contact information. When you make the choice of registering on our Platforms, you must proactively provide us your own mobile phone number. We verify it by sending a text message to the mobile phone number that you provide and collect your feedback, verification code in order to verify it is your own operation; Your mobile phone number as well as the verification code are necessary information. If you do not provide them, you will not be able to complete the registration on our Platform.
  • Device Information
    • To ensure stability and security of your use of Bhava Earth Website/App and Products therein, and to prevent your personal information from being obtained illegally and to effectively prevent fraud and secure your account, when you use our Bhava Earth Website’s Services/App, we must collect your information (including network status, device status, software version and operating system, application process list, wifi mac address, device mac address, hardware serial number, device service provider, device model, device name), historical usage information of our Products, location information, IP address, log information, and suggest services or Products that suit you.

Some of the information above is sensitive. If you refuse to provide this information, we will stop this information collection. However, you may not be able to use the services that are related to such information, however, your use of other services on our Bhava Earth Website/App will remain unaffected.

  • Location and Memory Information
    • Location information permission
      • When you use our Products, services on the Bhava Earth Website/App, we may need your permission and authorisation to access the following system-sensitive permissions pertaining to personal information:
      • Location permissions are required to assess the serviceability of your purchase order. This will also help in reducing the security risk, and will help us provide better customer service and customized offers. Once you successfully login and start using the Bhava Earth Website/App, you can opt to turn on this permission in order to enable us to bring you recommendation services depending on your location. If you do not grant us this permission, you may not be able to use some of the location-based services that we offer. However, your use of the other services that we offer on our Bhava Earth Website/App will remain unaffected.
    • II. Read and write permissions
      • When you use the Bhava Earth Website/App, we promise to cache only necessary information. Choosing to not grant this permission, can affect normal use of our services on our Bhava Earth Website/App.
      • Information that we collect pertaining to you will depend on the services and Products that you avail, or we offer on an ongoing basis. Information collected from you shall be used to provide effective services to you. If you do not grant us permission to collect all the information that we request on our Bhava Earth Website/App, we may be unable to effectively deliver all these services.

3. Use of Information
The information that you provide may be used by us in following ways:

  • Establish and verify the identity;
  • Administer and improve our Bhava Earth Website/App;
  • Design and provide customized Products and services;
  • Analyze how our Bhava Earth Website/App is being used, diagnose technical or service problems and maintenance of security;
  • Send communication notifications, Product or service information that you request or process queries that you may have made on our Bhava Earth Website/App;
  • Manage our relationship with you and give you information regarding other Products or services that we think you might find useful;
  • Undertake data analysis to improve services provided to you;
  • Use user information to comply with the country’s laws and regulations;

      We will retain and use your information for such periods as felt necessary to provide you services on our Bhava Earth Website/App, to resolve disputes, remain compliant with our legal obligations and enforce our agreements.

      4. Storage of Information

      We understand the importance of data security and we want your experience with us to be as safe as possible. We employ reasonable safeguards to preserve integrity and security of your information against amendment, use, reproduction, disclosure, unauthorized access, theft or loss. To achieve this, we employ reasonable security procedures and practices as mandated by applicable laws meant for protection of your information. The information that you provide us will be stored on our highly secure servers located in India. Our servers are accessible only to authorized personnel and your information is shared with employees and authorised personnel on a need to know basis to provide the services requested by you.

      However, you understand and also accept that there is no guarantee that data transmission over the internet will be totally secure and that any information transmitted to us by you is at your own risk. We assume no liability for any information disclosure resulting from errors in omissions or acts beyond our reasonable control, errors in transmission, unauthorized third-party access to our databases and Bhava Earth Website/App or other third-party acts and you shall not be entitled to hold us responsible for any security breach. However, if there is a data breach resulting in a leak of your personal information, we will immediately inform concerned authorities about it and endeavor to cooperate with all the investigation and inquiries that may take place.

      We shall retain your information for the duration it is felt necessary to provide you the services available on our Website/App or for other essential purposes such as complying with our legal obligations, resolving disputes and enforcing our agreements. Because these needs can vary for different data types and purposes, actual retention periods can vary significantly. Even if we delete your data, it may persist on backup or archival media for audit, legal, tax or regulatory purposes.

      After the termination of your account, we may continue to use your anonymised data aggregated or in combination with anonymised data of other users. We use this aggregated anonymised data for research, profiling and analysis. For example, for insights pertaining to our users and their profiles. We may retain your contact information and application details (if any) for fraud prevention and to exercise/defend a legal claim or to provide evidence in legal proceeding(s).

      5. Information Disclosures

      We may share information pertaining to you with third parties but under a confidentiality agreement for service provision that inter alia restricts such third parties from disclosing the information further unless such disclosure is for purposes as detailed under that confidentiality agreement.

      We will only share your information with third parties in such ways as described below:

      • On the premise of getting your full authorisation and complete understanding, we may share your information with our third-party partners to conduct data analysis to serve you better and offer services on our Bhava Earth Website/App;
      • We may disclose your information, without prior notice, if we are duty-bound to do so to comply with legal obligations or order from the government and/or a statutory authority, or to enforce or apply our terms of use or assign such information during corporate divestitures, mergers, or to protect rights, property, or safety of us, our users, or others. This includes exchanging information with other companies and organizations for the purpose of protection from fraud and credit-risk reduction.

        6. Third Party Websites

        With this Privacy Policy, we are only addressing disclosure and use of the data collected by us. If you visit any websites through the links on Bhava Earth Website/App, please ensure that you go through the privacy policies of each of the websites. Their data collection practices, and policies

        may differ from this Privacy Policy, and we do not have control over any of their policies nor do we assume any liability in this regard.

        We may post your data, by excluding any personally identifiable information, on different pages of our Bhava Earth Website/App. The data will be visible to people on our Bhava Earth Website/App. If you do not wish for your information to be shared, kindly email us at namaste@bhavaearth.com.

        7. Express Consent

        The usage of the Bhava Earth Website/App may require you to consent for keying in your personal information (including but not limited to any personal or sensitive personal data as defined under the applicable law) or to authorize us to gain your data/information from any other source or public registry, as necessary to complete your profile on our Bhava Earth Website/App. However, we will not be liable to you against any liability or claims that may result from such transactions as any such personal information is being collected, used, processed and shared with your express and explicit consent.

        We reserve the right (and you expressly authorize us) to share or disclose your personal information when we, in our sole discretion, determine that disclosure of such information is appropriate or necessary under the law in force for the time being.

        8. Phishing

        "Phishing" usually occurs when users of a website are induced by an individual/entity into disclosing sensitive personal data through fraudulent websites and/or email addresses. In the event you share information with a website or respond to any email that does not belong to us or is not connected with us in any way, you may become a victim of Phishing. We do not send emails that request users for passwords, user name or payment information.

        9. Severability and Exclusions

        We have made every effort to make sure that this Privacy Policy adheres with applicable laws. The unenforceability or invalidity of any part of this Privacy Policy shall not affect or prejudice the validity or enforceability of the remainder of this Privacy Policy. This Privacy Policy does not apply to any information other than information gathered by our Bhava Earth Website/App. This Privacy Policy shall not be applicable to any unsolicited information you provide us through our Bhava Earth Website/App or through any other mode. This includes, but is not limited to, information posted in any public areas of our Website/App. All unsolicited information shall be considered not confidential and we shall be free to use and/or disclose such unsolicited information without limitations.

        10. Opt-Out/Choice

        We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us, after setting up an account.

        If you wish to delete your contact information from all Bhava Earth lists and newsletters, you can email us at namaste@bhavaearth.com or call us on +91 9901704123.

        11. Governing Law and Dispute Resolution

        12. No Waiver

        13. Contact Us

        This Privacy Policy shall be governed by and interpreted in accordance with the laws of India. The Courts in Bangalore will have exclusive jurisdiction pertaining to any disputes that may arise out of or in connection with this Privacy Policy.

        The rights and remedies that are available under this Privacy Policy may be exercised as often as necessary and are cumulative and not exclusive of remedies or rights provided by the law. It may be waived off only in writing. Delay in exercising or not exercising any such remedy or right does not constitute a waiver of that remedy or right, or any other remedy or right.

        If you need any clarification or information regarding this Privacy Policy or the use of your personal information, you can contact us.

        If you have any grievances with respect to the use of your personal information, you can contact us.

        Our contact information is as follows:

        Contact Address:

        Bhava Food and Research Labs Pvt Ltd
        #673, 17
        th Cross, 24th Main, JP Nagar 6th Phase Bangalore - 560078

        Contact Email:

        namaste@bhavaearth.com

        Our Company is based in India. By browsing/using our Bhava Earth Website/App, you hereby acknowledge that our Company is not liable or responsible in any manner to comply with any local laws of your territory except India.

        All online payment services are provided by Razorpay. Note that all financial transactions are processed by Razorpay and that Bhava Earth Website/App does not obtain any sensitive data such as credit card numbers from its customers. After confirming an order on the Bhava Earth Website, a customer will use Razorpay to complete a secure online payment. This Website/App is owned and operated by Bhava Food and research labs registered in India under license number U15130KA2021PTC149902.

        For any queries regarding your transactions, you may reach out to RazorPay Software Private Limited please visit www.razorpay.com and generate a ticket for your query at https://razorpay.com/support/#request.

        Bhava Earth Website/App is set up to take immediate online orders through the following modes of payment:

        1. Domestic and international credit cards, issued by banks and institutions that are part of the Visa and MasterCard Network

        2. Visa Debit cards

        3. UPI/Google Pay/Paytm/PhonePe

        Please note that for Visa and MasterCard you will be required to submit your 16-digit credit card number, card expiry date and a 3-digit CVV number (on the back of the card), when you make an online transaction using your Credit Card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. For American Express Cards you will be required to give your 15-digit card number and a 4-digit code.

        The Credit Card transaction will appear on your bank statement as a payment to Net Distribution Services Pvt. Ltd.

        1. Pricing Policy

        • The Product prices listed are current and updated. However, these are subject to change without advance notice.
        • All prices on this Website/App are processed in Indian Rupees and the prices are inclusive of all taxes.
        • All orders are acknowledged at current pricing. We will bill at the price in effect, at the time of shipping.
        • Our Products are liable for GST in India.

        2. Payment Security

        All transactions at Bhava Earth Website/App are protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a 1024-bit process. Any information you enter when transacting with Bhava Earth Website/App is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that we follow the best security practices adopted by major online vendors, where all payments are processed in real-time.

        3. What is a CVV/CVC?

        The Credit Verification Value or CVV or the Credit Validation Code or CVC is an important security feature that further reduces the risk of internet fraud. This number never appears on sales receipts or billing statements and is only found on the physical card itself. We ask you to enter the CVV/CVC code during your transaction to make sure that the card is, in fact, in your possession. The CVV/CVC is a 3 or 4-digit code embossed or imprinted on the reverse side of your credit card, in the signature area.

        4. Out of stock Items

        5. Cancellation Policy

          We apologize for the inconvenience this may cause. If your item is out of stock, we will contact you within 7 business days to discuss how you would like the order to be handled. Bhava Earth does not back order, that is, we do not accept orders which we cannot fulfil immediately.

          If you wish to cancel your order, you can do so by sending us an email on orders@bhavaearth.com.

          You can also call our Customer Care (Timings: 10AM to 5PM IST). Once orders have been dispatched, they cannot be cancelled. In case of cancellation of the order within the timeline, you will be charged 15% as payment gateway charges and the balance will be refunded to the cardholder and credited through the same payment instrument in ___ working days or as per the bank’s guidelines.

          6. Shipping Policy

          Purchases are shipped from our warehouse in 2 working days by courier.

          Due to COVID-19, we cannot commit on delivery timelines. We do request you to bear with us in the case of slight delays. As per safety protocols while we are currently accepting online orders to ship within India and worldwide, due to the changing nature of the situation, we reserve the right to pause deliveries to any country at any time if so warranted.

          Order Deliveries Will Be Made Between

          • 10AM – 5PM Monday – Saturday. Excluding public holidays.
          • Goods will need to be signed upon delivery. If you cannot be there to sign for your delivery please suggest an alternative i.e. a family member, colleague, neighbor, etc.However, the brand takes no responsibility for goods signed by an alternative person.
          • Certain courier partners may request an OTP to complete delivery. This will need to be provided for completion of delivery. OTP will be sent to the number inputted at time of placing the order.
          • Bhava Earth is not responsible for damages after delivery.
          • All claims for shortages or damages must be reported to customer service within 24 hours of the day of delivery.
          • Shipping and handling rates may vary based on Product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.

            7. Returns & Refund Policy

            We do not offer exchange, returns and refunds for coffee Products/edible Products on the Website/App. However, exchange, return is available only for coffee accessories. Please note that on return of any coffee accessories, you shall still be liable to pay delivery charges. Please write to us within 2 days of receiving the Product that you would like to exchange or refund with the following details:

            • Order Number
            • Invoice number
            • Details of your request or complaint
            • Images or videos to support the complaint with Batch details clearly visible as below, without which we cannot process the request;

              Once all the details are received, it would take our team 4 working days to revert on the complaint/query/issue. In case an exchange is approved for your complaint, you will be informed of the same with an authorization number, and a reverse pick-up of the Product will be arranged

              at your own cost. In the case of a Product refund, once your request is approved the refund will reflect in your account within 7 days and you will be sent an email confirming the same.

              All Products to be exchanged must be sent back to us packed in the same packaging as it was received in and physically accompanied in the reverse pick-up by the original receipt and a document that states the following:

              • Address of dispatch
              • Name & Address of the customer

              

              Welcome to Bhava Earth.

              These Terms and Conditions (“Terms and Conditions”) mandate the terms on which a user who is a natural person, 18 years of age or older or legal person (“You” or “Your” or “User”) access and/or register or avails services on the Bhava Earth Website, Bhava Earth App owned, operated and managed by Bhava Food and Research Labs Pvt Ltd(“Us” or “Our” or “We”), collectively referred to as, “the Platforms”. The Platforms acts as a mere facilitator between the sellers registered on the Platforms (“Seller”) and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of Bhava Earth available for sale on the Platforms (“Products”).

              Bhava Earth provides you with the product and services available on this Website/App, subject to the following Terms and Conditions, Privacy Policy, Payment Policy and other conditions and policies which you may find throughout our Website/App, in connection with certain functionality, features or promotions, as well as customer service, all of which are deemed a part of and included within these Terms and Conditions. By accessing or using this Website/App, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions.

              By visiting our Website/App and/or purchasing something from us, you engage in our service and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website/App, including without limitation users who are browsers, customers, and/or contributors of content.

              Bhava Earth retains an unconditional right to modify or amend the Terms and Conditions without any requirement to notify you of the same. Any new tools, features or offers which are added to the Platforms shall also be subject to the Terms and Conditions. It shall be your responsibility to check the Terms and Conditions periodically for changes. Your acceptance of the amended Terms and Conditions shall signify your consent to such changes and agreement to be legally bound by the same.

              TERMS AND CONDITIONS

              1. Privacy

              Please review our privacy-policy so that you may understand our privacy practices.

              2. Payment Policy
              Please see our Payment Policy to understand the purchase processes of our Products.

              3. User Account, Password and Security

              • In order to purchase the Products on the Platform, you will have to register on the Platform by providing details about yourself, including your name, address, contact details and such other details as may be required on the Platforms and create an account (“Account”).
              • You shall ensure and confirm that the Account information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, you shall promptly update your Account information on the Platforms. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if Bhava Earth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bhava Earth has the right to suspend or terminate your Account and refuse any and all current or future use of the Platforms (or any portion thereof) at its discretion, in addition to any right that Bhava Earth may have against you at law or in equity, for any misrepresentation of information provided by you.
              • You will be responsible for maintaining the confidentiality of your Account information, and are fully responsible for all activities that occur under your Account. You agree to, (a) immediately notify Bhava Earth of any unauthorized use of your account information or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. Bhava Earth cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Bhava Earth or any other user of or visitor to the Platforms due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
              • Use of another user’s Account information for shopping on the Platforms is expressly prohibited.

                4. Products and Services for Personal Use

                The Products and services described on the Website/App, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

                5. Whether on behalf of yourself or on behalf of any third-party, you agree not:

                • To access or attempt to access our product and services other than through our Website/App, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Bhava Earth.
                • Divert or attempt to divert Bhava Earth customers to another Website, mobile application, or service;
                • Restrict or inhibit any other person from using the Website/App or our services;
                • Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website/App or our services.

                  6. Accuracy of Information

                  We attempt to be as accurate as possible when describing our Products on the Website/App. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Website/App are accurate, complete, reliable, current, or error-free.

                  7. Orders

                  You may place an order on the Website/App by adding the Products to your cart. You are free to add or remove items from the cart.

                  Once the items are placed in the cart you will be required to share details such as your full name, address with pincode, phone number, email address and proceed to make payment for the order with the payment option available on our Website/App (refer to our Payment Policy).

                  Once payment is made, you will receive order confirmation details and an invoice on the registered email address confirming that the order has been placed. You will then receive order dispatch information when the order is packed and ready to dispatch. This email will contain order tracking details.

                  You acknowledge that Bhava Earth may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Bhava Earth may cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If, however, your order is limited or cancelled after your bank account has been charged for the purchase, Bhava Earth will initiate a refund as per the Cancellation Policy.

                  8. Intellectual Property

                  All information and content available on the Website/App and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Bhava Earth, our Affiliates, partners or licensors, and is protected by laws of India.

                  Except as set forth in the limited licenses in Section 10, or as required under applicable law, neither the Content nor any portion of this Website/App may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

                  9. Limited Licenses

                  We grant you a limited, revocable, and non-exclusive license to access and make personal use of Bhava Earth Website/App. This limited license does not include the right to:

                  • Frame or utilize framing techniques to enclose the Website/App or any portion thereof;
                  • Republish, redistribute, transmit, sell, license or download the Website/App or any and/or all Content (except caching or as necessary to view the website);
                  • Make any use of the Website/App any and/or all Content other than personal use;
                  • Modify, reverse engineer or create any derivative works based upon either the Website/App any and/or all Content;
                  • Collect account information for the benefit of yourself or another party;
                  • Use any meta tags or any other “hidden text” utilizing any and/or all Content; or
                  • 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.

                    We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the homepage of the Website/App for personal, non-commercial use only. A website that links to the Website,

                    • May link to, but not replicate, any and/or all of our Content;
                    • May not imply that we are endorsing such website or its services or Products;
                    • May not misrepresent its relationship with us;
                    • May not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages;
                    • May not portray us or our Products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable Products, services, or opinions; and
                    • May not link to any page of the Website/App other than the homepage. 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 Bhava Earth Website/App 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.

                      10. Your Obligations and Responsibilities

                      In the access or use of the Bhava Earth Website/App, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website/App. You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website/App or any Content or services that may appear on this Website/App and may not impair in any way the integrity or operation of the Website/App. 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 Bhava Earth, our Affiliates, partners or licensors.

                      11. Third Party Links

                      We are not responsible for the content of any off-website pages or any other websites linked to or from the Bhava Earth Website/App. Links appearing on this Website/App are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites 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 should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

                      12. Special Features, Functionality and Events

                      Bhava Earth may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may

                      • Be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and
                      • 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.

                        13. Submissions

                        It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) 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 or services. 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 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 email 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.

                        14. User Content

                        When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website/App, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 14 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website/App. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that

                        • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
                        • You do not have a right to make available under any law or under contractual or fiduciary relationships;
                        • Is known by you to be false, inaccurate or misleading;
                        • You were compensated for or granted any consideration by any third party; or
                        • 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
                          • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

                          • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;

                          I II

                          • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;

                          • Intentionally or unintentionally violate any applicable local, state, national or international law; or

                          • Collect or store personally identifiable data about other users.

                          III IV V

                          We do not endorse or control the User Content transmitted or posted on the Bhava Earth Website/App and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Website/App, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we 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 via the Website/App.

                          You acknowledge that we have the right (but not the obligation) in 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 and 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.

                          15. Copyright Complaints

                          We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following:

                          • 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;
                          • A description of the material that you claim is infringing and the location of the material on the Website;
                          • Your address, telephone number and email address to orders@bhavaearth.com.

                            16. Representations and Warranties and Limitation of Liability

                            Bhava Earth Website/App is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Website/App, 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, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any,

                            • Interruption of business;
                            • Access delays or access interruptions to the site;
                            • Data non-delivery, wrong delivery, corruption, destruction or other modification;
                            • Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website;
                            • Computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites
                            • Any inaccuracies or omissions in content or
                            • Events beyond our reasonable control.

                              Bhava Earth Products are FSSAI certified and approved. Though enormous efforts are made and precautions taken to render the Products absolutely safe for human consumption and use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our Products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/professional medical/advice before using any of our Products that you may be allergic to. You agree that Bhava Earth will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our Products. the Bhava Earth, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.

                              For any purchases made through

                              Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website/App 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 the value of the Product.

                              You agree that no claims or action arising out of, or related to, the use of the Website/App 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.

                              17. Indemnification

                              You agree to defend, indemnify and hold us 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 Bhava Earth Website/App or breach of these Terms and Conditions. You also agree to indemnify us 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.

                              18. Disputes

                              With respect to any dispute regarding the Website/App, 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 Bangalore, India, will have jurisdiction as if the Terms and Conditions were a contract wholly entered into and wholly performed within Bangalore, India. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Bhava Earth Website/App shall be referred to the sole Arbitrator appointed by the Bhava Earth in accordance with the law. The seat and place of such arbitration shall be at Bangalore, India and the award of the Arbitrator shall be final and binding on all parties and 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 the Website/App shall be submitted to an appropriate Court or other judicial body in Bangalore, India 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 and you consent to exclusive jurisdiction and venue in such Courts.

                              19. Consent to Receive Notices

                              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 email or by posting notices on the Website/App. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at namaste@bhavaearth.com and discontinue your use of the Website/App. 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 Section 10 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of the Website/App to any user that cannot consent to receipt of Notices electronically.

                              Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

                              20. General

                              You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website/App, and supersede and govern all prior proposals, agreements, or other communications.

                              We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website/App and providing notice of such change. Any changes are

                              effective immediately upon posting to the Website/App and release of notice of such change. Your continued use of the Website/App thereafter constitutes your agreement to all such changed Terms and Conditions. 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/App.

                              Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our 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, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

                              If you have any questions regarding these Terms and Conditions, please email us at namaste@bhavaearth.com

                              Copyright © Bhava Food and Research Labs Pvt Ltd All rights reserved.

                              To the extent permitted by law, Bhava Earth will not be liable if for any reason all or any part of the Website/App is unavailable at any time or for any period.

                              From time to time, we may restrict access to some parts of the Website/App, or the Website/App entirely, to users, including registered users.

                              • Order number
                              • Contents of the package

                                Please also email this document and share an image of the reverse pick-up consignment (inside and outside packaging) with our Customer Care representative who you have been in touch with by email.

                                Once the package is received by our warehouse team the exchange order will be processed within 48 hours. You will then be informed of the new consignment tracking details.

                                Please note orders for gift boxes are not applicable for exchange or refund here. Bhava Earth is not responsible for damage after delivery.

                                8. Product Quality Related Complaints:

                                In the case of a Product quality concern, please send us an email at namaste@bhavaearth.con within 2 days of the date of receipt of the Product and with the following details. We shall take 4 working days to review the email and revert back:

                                • Order number
                                • Product that is highlighted for quality issue
                                • Details of your Request
                                • Images or videos to support the complaint along with an image of the back label of the Product where the batch details are clearly visible

                                  All Products to be shared for inspection must be physically accompanied in the reverse pick-up by the original receipt and a document that states the following:

                                  • Address of dispatch
                                  • Name & Address of the customer
                                  • Order number
                                  • Contents of the package

                                    Please also email this document and share an image of the reverse pick-up consignment (inside and outside packaging) with our Customer Care representative who you have been in touch with by email.

                                    If the Product passes the test and matches the complaint, we shall initiate the return/exchange process within 4 working days of the consignment being received by our quality inspection team. The overall quality inspection process starting from pick-up to the final response would involve a time period of 2 weeks.

                                    Damages due to neglect or improper usage will not be covered under our policy. Exchange of Product due to reasons including personal dislike of the Product that cannot be backed by proof of quality issues with the Product itself is not applicable.