Terms and conditions
HI Wellness Private Limited, 212, 2nd Floor, Okhla Phase III, New Delhi- 110020 is considered to be one of the most reliable organizations dealing with organic farming in India, catering to the needs of its clients all over the whole world. It also owns an online shopping portal called Alchorid. However, few terms and conditions are applicable to maintain a relationship of trust with its clients. Users must agree to the terms and conditions of our portal when accessing, using, browsing or making any purchase from Alchorid. In view of any violation, Alchorid and its associates reserve all the rights for taking any legal action against them.
DELIVERY
Delivery of the product shall be made within 5-10 working days.
APPLICABILITY OF THE AGREEMENT
1.1 This agreement (“customer agreement” or “Agreement”) holds all the terms and conditions for Alchorid and its affiliate or associate companies (Hereinafter called or referred to as “Alchorid “) in order to provide products to the person(s) (“the Customer”) intending to purchase or inquiring for any of the products of Alchorid by using websites of Alchorid or using any other customer interface channels of Alchorid which includes its sales or marketing persons, offices, call centres, advertisements, information campaigns ,public broadcastings, etc.
1.2 Individually, both customer and Alchorid will be referred to as ‘party’ to the agreement and collectively as ‘parties’.
INTERPRETATION AND GENDER
2.1 The terms and conditions herein shall apply equally to both the singular and plural form of the defined terms. In case the context requires, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole, until and unless the context otherwise demands.
HEADINGS
3.1 The headings and subheadings herein are included only for convenience and identification and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of Websites of Alchorid or its partner websites or any provision hereof in any manner whatsoever.
3.2 These terms shall lose control in the situation when any of the terms, conditions, and notices contained herein conflict with the Additional Terms and other terms as well as guidelines contained within any particular website of Alchorid.
CUSTOMER’S RESPONSIBILITY OF KNOWLEDGE OF THIS AGREEMENT
4.1 The Customers availing products from Alchorid shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, on which the desired transaction or provision of such products by Alchorid for all purposes, and shall be binding on the Customer. All rights and liabilities of the Customer and/or Alchorid with respect to any product to be provided by Alchorid shall be restricted to the scope of this agreement.
4.2 The rights to sole discretion, to terminate the access to any or all Alchorid websites or its other sales channels and the related products or any portion thereof at any time, without notice, for general maintenance or any reason of whatsoever nature are all governed by Alchorid.
4.3 Apart from this agreement, there are certain terms of service (TOS) specific to the products provided by Alchorid like organic haldi, organic rice, etc. Such TOS will be provided/ updated by Alchorid which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall remain valid. The Customer shall be required to read as well as accept the relevant TOS for the service/ product availed by the Customer.
4.4 Additionally, the Product Provider- Alchorid will give out terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each product. The Customer shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of Alchorid with whom the Customer choose to deal with, including terms and conditions set forth in the rules, contract of carriage or other rules.
4.5 The products of Alchorid are offered to the Customer on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For clearing any form of doubts, it is clarified that the purchase of the product by the Customer constitutes an acknowledgment and acceptance by the Customer of this Agreement and the TOS. If the Customer does not agree with any part of such terms, conditions, and notices, the Customer must not purchase the products of Alchorid.
4.6 In the event that any of the terms, conditions, and notices contained herein are under conflict with the Additional Terms or other terms and guidelines contained within any other Alchorid document, then these terms shall control or rule.
THIRD PARTY ACCOUNT INFORMATION
5.1 By using the Account Access service in Alchorid websites, the Customer gives the authority to Alchorid and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.
5.2 When registering, the customer must choose a password and will be responsible for maintaining the confidentiality of the password as well as the account.
5.3 The Customer is completely responsible for all activities that occur while using their password or account. It is the duty of the Customer to notify Alchorid immediately in writing if there is any unauthorized use of their password or account or any other breach of security. Alchorid cannot be held responsible for any loss that may be incurred by the Customer as a result of unauthorized use of his password or account, either with or without his knowledge. The Customer shall not use anyone else’s password at any point in time.
PAYMENT OF FEES
6.1 The right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services is reserved by Alchorid. Alchorid further reserves the right to make any alterations and all fees from time to time, without prior notice.
6.2 The Customer shall be completely responsible for all charges, fees, duties, taxes, and assessments arising while buying a product.
6.3 In case, there is some small charging by Alchorid for listing, product or transaction fee or any other fee or service because of any technical or other reason, it has the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
6.4 In the rare possibilities, wherein the product does not reach you, for any reason whatsoever, we will process the refund and intimate you of the same. All subsequent further purchases will be treated as new transactions with no reference to the earlier unconfirmed purchase.
6.5 Any requests for any refunds against the non- delivery of order for any reasons within 90 days from the date of departure for the order will be requested to Alchorid. Any applicable refunds would accordingly be processed as per the defined policies of Alchorid as the case may be. If the request for refund is made after the expiry of 90 days, no refund would be payable for any as above and all unclaimed amounts for such a non- delivery of the product shall be deemed to have been forfeited.
CONFIDENTIALITY
7.1 Any confidential information which is specifically mentioned by Alchorid shall be maintained as confidential by the Customer and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
USING MOBILE NUMBER OF THE CUSTOMER BY Alchorid
8.1 Any order confirmation or dispatch information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the Customer at the time of purchase may be sent by Alchorid; Alchorid may also contact the Customer by voice call, SMS or email in case the Customer couldn’t or hasn’t concluded the purchase, for any reason what so ever, to know the preference of the Customer for concluding the purchase and also to help the Customer for the same. The Customer hereby unconditionally agrees that such communications via SMS and/ or voice call by Alchorid is (a) upon the request and authorization of the Customer, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The Customer will indemnify Alchorid against all types of losses and damages incurred by Alchorid due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the Customer on Alchorid with respect to the intimations mentioned above or due to a wrong number or email id being provided by the Customer for any reason whatsoever.
ONUS OF THE CUSTOMER
9.1 Alchorid holds the responsibility of only for the transactions done by the customer through Alchorid. Any responsibility for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the Customer will not be taken by Alchorid.
9.2 The Customer assures that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the products. The Customer further warrants that they will comply with all applicable laws and regulations regarding the use of the products with respect to the jurisdiction concerned for each transaction.
9.3 The Customer represents and confirms that the Customer is of legal age to enter into a binding contract and is not a person who is not allowed to avail the Services under the laws of India or other applicable law(s).
INSURANCE
10.1 Unless explicitly provided by Alchorid in any specific product or delivery, the customer must obtain sufficient insurance coverage and Alchorid doesn’t accept any claims arising out of such scenarios.
10.2 Any insurance, if provided as a part of the product by Alchorid, shall be as per the terms and conditions of the insuring company. The Customer shall contact the insurance company directly for any claims or disputes and Alchorid shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
ADVERTISERS ON Alchorid OR LINKED WEBSITES
11.1 The responsibility for any error, omissions or representations on any of its pages and links or on any of the linked website pages will not be taken by Alchorid. No advertisers are endorsed by Alchorid on of its webpages in any manner. The verification of the accuracy of information is to be done by the customers themselves before undertaking any reliance on such information.
11.2 The linked sites are not under the control of Alchorid and Alchorid cannot be held responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Alchorid is providing these links to the Customers only as a matter of convenience and the inclusion of any link does not mean endorsement of the site by Alchorid.
FORCE MAJURE SITUATIONS
12.1 The fact that there can be exceptional circumstances where the delivery agent may be unable to honor the confirmed delivery due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, etc needs to be accepted by the customers. Best efforts will be made in case Alchorid is informed in advance of such situations where dishonor of purchases may happen, it will make its best efforts to provide similar alternative to its customers or refund the purchase amount after reasonable service charges if supported and refunded by that respective delivery service operator. The Customer agrees that Alchorid being an agent for facilitating the purchase services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
12.2 The Customer agrees that in situations due to any technical or another failure in Alchorid, products committed earlier may not be provided or may involve substantial modification. In such cases, the entire amount received from the customer for availing the products minus the application, cancellation charge, refund or other charges will be refunded by Alchorid. This shall completely discharge any and all liabilities of Alchorid against such non-provision of services or deficiencies. All the additional liabilities if any, will be borne by the customer.
12.3 Alchorid shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such turn of events, the Customer affected will be promptly given notice as and when the situation permits.
12.4 Without prejudice to whatever is stated above, the maximum liability on part of Alchorid arising under any circumstances, in respect to any product offered on the site, shall be limited to the refund of total amount received from the customer for availing the product less any cancellation, refund or others charges, as may be applicable. The liability shall not include any loss, damage or additional expense whatsoever beyond the amount charged by Alchorid for its products under any circumstances.
12.5 In no event shall Alchorid and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Alchorid website(s) or any other channel . Alchorid be will also not be responsible for the delay or inability to use its websites or related products, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Alchorid website(s), or otherwise arising out of the use of the Alchorid website(s), whether based on contract, tort, negligence, strict liability or otherwise.
12.6 Alchorid cannot be held responsible for any errors, omissions or representations on any of its pages or links or nay other website linked to the Alchorid website.
SAFETY OF DOWNLOADED DATA
13.1 Any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at the customer’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
13.2 Rest assured, Alchorid will always endeavor to ensure that the content on its websites or other information channels does not have any virus or such other malware.
FEEDBACK FROM CUSTOMERS AND SOLICITATION
14.1 The Customer is aware that Alchorid provides products like turmeric and rice. The Customer hereby specifically allows Alchorid to contact the Customer with offers on various products offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer is not interested, he /she shall write to Alchorid for specific exclusion at farmoperations@bagdarafarms.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of Alchorid on its website in accordance with which Alchorid contacts, solicits the Customer or shares the Customer’s information.
PROPRIETARY RIGHTS
15.1 The contents provided by Alchorid like sound, photographs, video, graphics or any other material contained in sponsor advertisements or information may be protected by copyrights, trademarks or other intellectual property rights and laws.
15.2 This material can be sued by the customers only as expressed authorized by Alchorid and shall not be copied, transmitted or created into derivative works without express authorization.
15.3 Any post shall not be uploaded, reproduced or distributed on or through the Services without obtaining the written permission of the owner of such right as it is protected by copyright or other proprietary rights of a third party.
15.4 Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. It is illegal to submit or distribute any copyrighted or other proprietary content which could subject the Customer to criminal prosecution or personal liability.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
17.1 Unless otherwise specified, the Alchorid products are for the Customer’s personal and non – commercial use. The Customer may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Alchorid website(s) without the express wrote approval from Alchorid.
INDEMNIFICATION
18.1 The Customer agrees to indemnify, defend and hold harmless Alchorid and/or its affiliates or associates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection there with and interest chargeable thereon) asserted against or incurred Alchorid and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Customer pursuant to this agreement.
18.2 Only the customer shall be exclusively responsible for any breach of any country-specific rules and regulations or general code of conduct and the blame for the same shall not be taken by Alchorid.
RIGHT TO REFUSE
19.1 Alchorid exclusively reserves the right to not to accept any customer order without assigning any reason. Any contract to provide any product by Alchorid is incomplete till the entire amount for the product is received from the customer and accepted by Alchorid.
19.2 Without prejudice to the other remedies available to Alchorid under this agreement, the TOS or under applicable law, Alchorid may limit the Customer’s activity, or end the Customer’s listing, warn other Customers of the Customer’s actions, immediately temporarily/indefinitely suspend or terminate the Customer’s registration, and/or refuse to provide the Customer with access to the website if:
19.2.1 The Customer is in breach of this agreement, the TOS and/or the documents it incorporates by reference; 19.2.2 Alchorid is unable to verify or authenticate any information provided by the Customer; or 19.2.3 Alchorid believes that the Customer’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Customer, other Customers of the website and/or Alchorid.
19.3 At any given point in time, Alchorid can reinstate suspended customers in its sole discretion. The customer shall not register or attempt to register with Alchorid or use the website in any manner whatsoever after the customer has been indefinitely suspended until the customer is reinstated by Alchorid.
19.4 Alchorid has the right to recover any amounts due to and owing by the customer to Alchorid and/or the service provider and take strict legal action as Alchorid deems necessary if the customer breaches this agreement, the TOS or the incorporated documents.
RIGHT TO CANCELLATION BY Alchorid CASE OF INVALID INFORMATION FROM CUSTOMER
20.1 The customer shall provide only correct and valid information while requesting for any product under this agreement from Alchorid and not take any misinterpretation of facts at all. Any default on part of the Customer would vitiate this agreement and shall disentitle the Customer from availing the products from Alchorid.
20.2 In case Alchorid discovers or has reasons to believe at any time during or after receiving a request for products from the Customer that the request for products is either unauthorized or the information provided by the Customer or any of them is not correct or that any fact has been misrepresented by him/her, Alchorid in its sole discretion shall have the unrestricted right to take any steps against the Customer(s), including cancellation of the purchases, etc. without any prior intimation to the Customer. In such an event, Alchorid shall not be responsible or liable for any loss or damage that may be caused to the Customer or any of them as a result of such cancellation of purchase or services.
20.3 The Customer unequivocally indemnifies Alchorid of any such claim or liability and shall not hold Alchorid responsible for any loss or damage arising out of measures taken by Alchorid for safeguarding its own interest and that of its genuine customers. Alchorid denying/canceling any purchases on account of suspected fraud transactions will also be included in it.
SEVERABILITY
21.1 If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
RELATIONSHIP
22.1 None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of Alchorid Websites or its partner websites, shall refer to a partnership between the Customer and Alchorid and no party shall have any power to bind or shall be deemed to be the agent of the other in any way.
UPDATION OF THE INFORMATION BY Alchorid
23.1 Customer shall acknowledge that Alchorid provides products with reasonable diligence and care. Its endeavor is to ensure that Customer does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Alchorid websites or other sales or marketing channels and ad-materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Alchorid notices them. Changes are/may be periodically made/added to the information provided such. Alchorid may make improvements and/or changes in the Alchorid websites at any time without any notice to the Customer. Any advice received except through an authorized representative of Alchorid via the Alchorid websites should not be relied upon for any decisions.
MODIFICATION OF THESE TERMS OF USE
24.1 The right to change the terms, conditions, and notices under which the Alchorid websites are offered, including but not limited to the charges is reserved by Alchorid. Reviewing these terms and conditions is the responsibility of the customers.
JURISIDICTION AND GOVERNING LAW
25.1 Alchorid expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Alchorid considers itself and intends to be subject to the jurisdiction only of the courts of Pune, India. This agreement and each TOS shall be governed by and constructed according to the laws of India.
RESPONSIBILITIES OF THE CUSTOMER VIS-A-VIS THE AGREEMENT
26.1 Alchorid may change the features or functionality of the products at any time, in their sole discretion, without notice. Alchorid expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the Customer obtains from Alchorid or through the services shall create any warranty not expressly made herein or in the terms and conditions of the products. In case, the Customer does not agree with any of the terms above, they are advised not to read the material on any of the Alchorid pages or otherwise use any of the contents, pages, information or any other material provided by Alchorid. In case of a disagreement, the sole and exclusive remedy of the Customer in whole or in part, of the Customer agreement, is to discontinue using the services after notifying Alchorid in writing.