Terms & Conditions
Terms & Conditions
The use of this website and/or any other website of NIYAMAYA (“NIYAMAYA” or “We” or “Us” or “Our”) hereinafter referred to as (“SITE”) is governed by these Terms of Use (“Terms”). By accessing the SITE, you – the user (”You” or “Your”) are agreeing to these Terms, hence you are advised that you review these Terms in detail. When you use the SITE, You acknowledge that you have read the Terms and accept to be bound legally by the Terms including any modification made from time to time. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE OR SERVICES.
The SITE inter alia provides you information about the initiatives of NIYAMAYA, The SITE may also enable you to procure our products by placing an online order, through the SITE.
We do not render any advice, certifications, licenses, guarantees or warranties relating to the cultivation processing or use of Industrial Hemp. The contents of the SITE regarding cultivation, processing or use of Industrial Hemp is for informative purposes only, and should not be relied upon as an authoritative opinion or legal advice.
We reserve the right at any time to change all or any part of the Terms or the SITE, without notice, including by eliminating or discontinuing any content on the SITE. Any changes we make will be effective immediately. You can review the latest of these Terms by clicking on the “Terms of Use” located at the bottom of our web pages. You are responsible for checking the Terms periodically for changes. Your use or browsing of the SITE after such change will be considered acceptance of such changes.
REGISTRATION
For registration, You will need to provide true, accurate, current and complete data about Yourself on the Site’s registration form and You shall be required to update the registration data to keep it true, accurate, current and complete at all times. Our Privacy Policy shall govern any personal information collected.
If you register with the SITE, You represent that you are legally competent to enter into a binding contract and are not barred by any applicable law from using the SITE.
ACCESS OBLIGATIONS
You may use the SITE for lawful purposes only. You must not transmit through the SITE any content or do any activity that:
Infringes any intellectual property rights of others;
Is unlawful, threatening, abusive, defamatory, libellous, deceptive, fraudulent, invasive of privacy, tortuous or obscene or induces or encourages any criminal activity;
Impersonates any person, business or entity;
Involves any unsolicited or unauthorized advertising, promotional materials or any chain mail, junk mail, or any form of solicitation;
Interferes with or disrupts the SITE or damage, disable, or impair Our servers or networks connected to SITE, or disobey any requirements, procedures, policies or regulations of networks connected to SITE;
for helping You resolve any issues with the SITE;
Introduces any viruses or code, that destroy, interrupt, or limit the functionality of any software or hardware, or otherwise permit the unauthorized use of a computer or computer network;
Gains or attempt to gain unauthorized access to any user accounts, networks, services or computer systems, through any means.
The SITE may allow submission or posting of materials, such as photos, images, texts etc. by users that can be accessed and viewed by others in the public domain. You must ensure that all content uploaded by You are legally permissible, and is not in violation of these Terms. By submitting any content on the SITE, You give Us an irrevocable royalty free, perpetual, and sub-licensable right to use, reproduce, modify, adapt, create derivative works from, publish, translate, display, distribute and perform such material.
We do not endorse and are not responsible for (i) any statements, opinion, advice or information made or displayed on SITE by any third parties or (ii) for any third party site linked to or from the SITE. Your use of any third-party web sites is at your own risk and we will not be liable for any loss or damage resulting from your reliance on or use of such web sites.
TERMINATION
We may suspend or terminate you’re use of SITE or terminate Your aces to the SITE, in our sole discretion, and we are not liable to You or any third party for any claims or damages arising out of any termination or suspension of the SITE.
PURCHASING PRODUCTS ONLINE
The purchase of Products through the SITE constitutes a binding contract. The product displays with the indicative prices constitute a non-binding “offer” and a binding contract is formed only once You have placed an order.
You may be provided with images and summary of the products available for purchase. Alterations in certain aspects of Your order such as appearance, size or colour may be caused due to Your use of certain screen resolutions, number of pixels in an image or any other circumstances beyond our control.
For purchase of products offered on the SITE, You agree to provide accurate, current and complete information, including but not limited to, payment and other information. Any such information will be treated as described in Our Privacy Policy.
You agree to pay the prices applicable to the products, in effect at the time of purchase, including any applicable taxes. We may be required to verify the information provided by You before accepting an order. Price and availability of any products are subject to change without notice and the current prices will be reflected on the Site. Title shall pass to You upon delivery to Our carrier and the risk of loss on the products shall pass to You upon delivery to the consignee’s address.
Shipment details shall be provided to you at the time of confirmation of the order. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Any delivery dates indicated on the SITE are only tentative and we shall not be liable for any delay in deliveries due to any Force Majeure events. Any products to be returned shall be governed by our Return Policy.
INTELLECTUAL PROPERTY RIGHTS
You understand and agree that the SITE and any software used in connection with the SITE contain proprietary and confidential information that is protected by applicable Intellectual Property laws.
We own all right, title and interest in and to the SITE and all content and materials contained in the SITE, including, but not limited to, all content, logos, Site design, graphics, images, button icons, digital downloads, data compilations, etc., are protected by the applicable intellectual property laws. Any unauthorized use of the materials provided as part of the SITE is strictly prohibited.
It is strictly prohibited to use any materials on the SITE in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind. You agree that you will use neither any device nor any manual process to monitor or copy the pages of Our SITE or the content therein.
DISCLAIMER OF WARRANTIES
We provide the SITE on an “AS IS” and “as available” basis. We make no express warranties or guarantees about the SITE. We do not provide any representation that the SITE is available for use in any particular location. You may choose to access SITE at your own initiative and at your own risk and you shall be responsible for compliance with local laws, if and to the extent such local laws are applicable.
To the extent permitted by law, we disclaim any implied warranties under applicable law including warranties that the site is of satisfactory quality, accurate, fit for a particular purpose, secure, virus free, accurate or non-infringing. We make no warranty that any error corrections, updates, upgrades, bug fixes and/or enhancements of the software will be provided or that any communications from and/or to the site would be secure or not intercepted. Any receipt or download of content or information from site shall be at you’re risk and option and that you will be solely responsible for any damage to your computer system or loss of data resulting from any such download. No oral or written information or advice given by our representative shall create a warranty. Product descriptions and any content provided in the site regarding health benefits of the products are only for informational purposes, and shall not relied upon as a medical advice or opinion for any purposes.
LIMITATION OF LIABILITY
To the extent permitted under applicable law, we shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or losses (including loss of profits, loss of revenue, loss of business, loss of savings, loss of data, or loss of goodwill) or any damages whatsoever that result from or arises in connection with your use of or inability to use site, whether based on contract, negligence, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damage. We shall not be liable for any differences between the image of products on the site and appearance of the final product delivered to you.
In no event shall our cumulative liability to you for any and all claims relating to the use of site exceed the total amount of any payment that you made to NIYAMAYA for any specific product or service giving rise to the claim.
FORCE MAJEURE
Neither party shall be liable for any failure of performance under the Terms to the extent such failure was caused by a Force Majeure event, which is shall constitute any and all events beyond the reasonable control of the affected party, including but not limited to network failure, disruption of communication lines, power outages, acts of the government authorities, acts of God, fire, natural disasters, explosion, riots, war, terrorism, non-cooperation of third parties, etc.
INDEMNITY
You agree to indemnify and hold Us and Our affiliates, officers, employees and agents, harmless from and against all liabilities, losses, demands, claims, damages, penalties, interests and expenses (including ensuing legal expenses and costs) arising from any third party claims resulting from Your use or access of SITE.
GENERAL TERMS
These Terms and any policies posted on SITE constitute the entire agreement between you and us regarding the subject matter of these Terms.
All legal proceedings shall be subject to the jurisdiction of the courts in UTTAR PRADESH, India and shall be governed by and construed in accordance with the laws of India to the exclusion of the conflict of law provisions.
If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.
We may assign or sub-contract our rights and obligations under the Terms at any time, to any third party, at our sole discretion, without notice to You.
The Terms is being executed in English language and all modifications or changes shall be made in the same language.
The Terms does not constitute any joint venture, partnership, employment or agency relationship between you and us.
Any failure by NIYAMAYA to enforce any right under these Terms on one occasion does not constitute a waiver of such right on any other occasion.
Any notices to NIYAMAYA should be sent to the registered office address of NIYAMAYA available in the SITE.
