TERMS OF USAGE
This site (hereinafter also referred to as the “Site”) is owned and operated by The Earth Collective (“The Company”, “we”, “us”, “our”). Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Site (known collectively as “Terms and Conditions”). Your usage of this Site, for all purposes, is deemed to be your acceptance of these Terms and Conditions. In the event, you do not agree with and accept these Terms and Conditions in its entirety you should exit the Site immediately.
ELIGIBILITY TO USE THE SITE
You hereby represent and warrant that you are at least eighteen years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. Any and all products made available for sale by the Company on the Site are made available for sale and delivery within the Republic of India only.
USAGE OF THE SITE
- You are prohibited from using the Site for any purpose that is unlawful or prohibited and you must not engage in any conduct which would impair or interfere with the operation or security of the Site.
- The Company may at any time, without assigning any reasons thereof and without prior notice, terminate, restrict or suspend your use of or access to any part or all of the Site, without any liability to you or any other person.
- If you are a child or minor, you may only use our Site and services with the permission of your parent or guardian.
- You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any our servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any of our customer, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
INTELLECTUAL PROPERTY RIGHTS
The pages and contents of the Site including but not limited to text, graphics, and icons (“Documents”) and the Company’s trade name, logo and trademarks are the copyright, designs and trademarks respectively of the Company which retains all right, title and interest in such intellectual property.
No permission or authorisation is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Documents save and except for the downloading and printing of Documents for personal record-keeping purposes only. No permission or authorisation is granted to you to use, or permit others to use the Company’s icons, site addresses, or any other means to hyperlink other Internet sites with any page in the Website unless specifically permitted by the Company in writing.
Any unauthorized downloading, re-transmission or other copying or modification of the Documents or any use other than that described above is strictly prohibited by law.
ACCOUNTS, PASSWORDS AND SECURITY
The Site may contain certain features and we may offer certain services through the Site which may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your access credentials or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account without the express permission and consent of the holder of that account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF OUR PRODUCTS AND/OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to but will not be limited to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice :
- to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
- to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
- to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profits, even if we have been advised of the possibility of such damages.
You agree to indemnify and hold us and our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the Site.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including but not limited to our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other entities and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to
- comply with legal process,
- respond to claims that any such data violates the rights of others, or
- protect the rights, property or personal safety of the Company, its employees, users of or visitors to the Site, and the public.
You agree that we may, at our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes but is not limited to the following:
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification of the Site or any service offered on or through the Site, or
- unexpected technical issues or problems.
ENTIRE AGREEMENT AND WAIVER:
PARTNERSHIP OR AGENCY
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and The Earth Collective and you shall have no authority to bind us in any form or manner, whatsoever.
If any provision of these Terms and Conditions are deemed unlawful, invalid, or unenforceable by a competent court for any reason, then that provision shall be deemed severed from these Terms and Conditions, and the remainder of the Terms
and Conditions shall continue in full force and effect.
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India. You agree to and hereby submit to the non-exclusive jurisdiction of the Court in Kolkata to adjudicate any matter touching upon or concerning these terms and conditions.
In the event of any controversy or dispute between you and the Company arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.