Terms & Conditions
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”).
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
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.
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
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;
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 firstname.lastname@example.org.
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.
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.
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 email@example.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.
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 firstname.lastname@example.org
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.