Terms of Use

Terms and Conditions

Introduction:

The following terms and conditions regulate the use of this website. By continuing to use the website, you agree that you have read, understood, and are bound by the terms and conditions. If you disagree with these terms and conditions or any part thereof, you must not continue to use this website. The term, ‘MKA’ or “Amsoi” or “The Gardener (TG)” or “Nutratea Industries” or “Maa Kamakhya Associates” refers to the owner of the website (i.e., Maa Kamakhya Associates, a Unit of Nutratea Industries LLP) and the term ‘you’ refers to the user/viewer/visitor of the website.

Services Overview:

The website is operated by Maa Kamakhya Associates, a Unit of Nutratea Industries LLP (herein after referred as MKA) having its registered office (HQ) at 4C, Sona Tower, Beltola Road, Basistha Charali, Guwahati, Kamrup Metropolitan, Assam – 781029 and its branch office at 5th Floor, Victory House, #1 Ganesh Chandra Avenue, Kolkata, West Bengal – 700013. The website is a one stop solution provider and an e-commerce store which provides an online shopping and delivery service for variety of Packet Tea products.

Eligibility Criteria:

The use of this website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under the Indian Contract Act 1872. By continuing to use this website, you represent that you are not a minor (i.e., below 18 years of age). If you are a minor and wish to transact or use the website, it must be done under the supervision of a parent or legal guardian provided that such a parent or guardian accepts the terms and conditions.

Account Password and Security:

The user may be required to register and login for placing orders from the website. The user should take all the necessary measures for maintaining the privacy of the password created upon registration and is also responsible for all the activities that occur under the user’s account. The user agrees to immediately notify any unauthorized use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, MKA shall not be held liable.

Pricing and Terms of Payment:

All the products listed on our website will be sold at the prices mentioned on the website. All the prices are in Indian currency [i.e., Indian Rupee (INR /Rs. / ₹)]. Unless otherwise specified, the prices cited on the websites are exclusive of shipping charges and delivery charges. The user agrees to pay for shipping or carriage charges which would be added to the quoted price upon placing of the purchase order.

MKA also reserves the right to notify the user of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if the user chooses to continue with fulfillment of the order, the user acknowledges that the product or service will be provided in accordance with such revised description or corrected price. Generally, the prices of the product do not fluctuate on a daily basis, but in case of any change in price, it would be automatically updated on the website. However, the prices of some featured items might change regularly and if such changes arise after the dispatch of your order, then it will not affect the user’s original purchase price as the user is not liable to pay the revised price. MKA reserves all the rights to change the prices or the services of the product at its discretion. Owing to circumstances, like increase in the cost of materials, labor, carriage or increase in tax, duty or levy or any variation in exchange rates, MKA has the right to revise the prices and/or to withdraw the discounts. While placing the order, the payment shall be made as per the indicated method in the site and such payment shall be unconditional and irrevocable.

User’s Representation:

User represents that all the information provided by the user during the registration or while placing the order is up to date, correct, and sufficient for fulfillment of the order. Unless agreed otherwise, any warranties provided in relation to products only extend to you on the understanding that you are a user and not a reseller of those products. Based on user’s allergic or medical conditions, some products may be harmful for use. User represents that user will research and consult a doctor as to whether the products are suitable for use and also represents not to purchase the product which are harmful. MKA would not be held responsible for any kind of reaction/allergy that occurs as a result of use of any product listed on the website. Also note that MKA would not be held responsible if any health-related problem occurs due to consumption of any product from MKA.

 

 

Unauthorized or Fraudulent Use:

As already mentioned in clause 3 (Eligibility Criteria), the use of the website is limited to the person who is of 18 years of age or above. By continuing to use the website, the user guarantees that he is 18 years or above. A person less than 18 years of age can access the website as per the condition mentioned in clause 3. Using of the website without compliance to this provision is deemed as an unauthorized use of the website. Promotional offers may be extended to the existing or potential new customer at regular intervals and the users agree to act in accordance with the terms and conditions of such offers. Avoidance of such terms and conditions is regarded as a fraudulent use by the user and the user would be responsible for all the damages occurred due to such fraudulent use.

User Conduct and Rules (General):

User undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative, sell, lease, translate, decompile or otherwise exploit the website or any portion, by any means, unless otherwise provided.

User undertakes not to post or publish any information on to the website that is abusive, defamatory, threatening, obscene, indecent, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.

The user warrants not to upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.

The user agrees not to violate, abuse, manipulate or exploit any terms and conditions of the agreement or any code of conduct or other guideline as provided under the website. The user undertakes not to make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about website and its associates and partners on any property owned by MKA.

The user may not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this site. MKA shall not be liable to user nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event, we may elect to cancel your order and refund any payments made.

Links to Third- Party Sites:

MKA may contain links to websites operated by other companies (third-party sites). User’s usage or access to such third-party sites are not governed by these terms and condition. The third-party websites are not controlled by MKA and therefore MKA is not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by MKA.

Disclaimer:

All necessary endeavors have been taken by MKA to ensure that the information provided on the website is correct. MKA makes no representations about the suitability, reliability, availability, quality, accuracy or completeness of any data, information, product or service. MKA is a brand platform. MKA does not warrant that the functions provided by MKA will be uninterrupted or error-free or that MKA or the server that makes it available are free from viruses or other harmful components. MKA would not be held liable for any punitive or consequential damages arising out of user’s usage or inability to use the organic services or the internet.

Objectionable Material:

There may be some instances, where users are likely to encounter contents which are offensive, indecent or objectionable to some person (the contents may or may not be identified as such). User agrees to use the site or such content at his/her sole risk and MKA shall not be held liable for the contents that appear objectionable or indecent to you.

Reviews, Feedback, and Comments:

The user has the right to give us his/her reviews, feedback, comments or suggestions on the website. The reviews or comments posted on the website are not confidential and are the property of MKA. User agrees to grant MKA right to use, copy, distribute, display, make derivative, and modify the posted reviews and comments without any restriction. User also agrees to grant MKA right to use the name that has been submitted with the reviews or comments, in connection with such review or comment. Further the user agrees that the comments or reviews posted by the user shall not violate the MKA policy or any other person’s rights. The user agrees not to post comment or review that contains any illegal, scandalous, offensive, obscene or threatening material.

 

Termination:

MKA reserves the right to suspend or terminate any user’s usage or access to the website without giving prior notice, if MKA finds that the user has violated any of the terms and conditions, policies or guidelines. The user can terminate the agreement at any time, provided that the user discontinues any further use of the website. Upon any termination of the User Agreement by either the user or MKA, the user must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the User Agreement or otherwise. User shall be liable to pay for any service or product that user would have already ordered till the time of termination by either party whatsoever.

Modification of Terms and Conditions:

MKA reserves the right to revise these terms and conditions from time to time without notifying the user. The revised terms and conditions would be applicable from the date on which the revised terms and conditions are published on the website. The user should regularly review the Terms and Conditions on the website. In the event the modified Terms and Conditions are not acceptable, the user should discontinue using the service. However, if the user continues to use the service, then the user shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of use of this website.

Indemnification:

The user agrees to indemnify, defend, hold harmless MKA for any losses, costs, expenses (including reasonable attorney fees) relating to or arising out of user’s usage of or inability to the use the services, user’s violation of any terms of agreement, user’s violation of any rights of third-party, user violation of any applicable laws, rules or regulations. This clause shall survive the expiry or termination of this User Agreement.

Severability:

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

Governing Law:

This clause shall survive the termination or expiration of this agreement.

Applicable law:

These terms and conditions will be governed by and construed in accordance with the laws applicable in India and the terms, conditions, and disclaimers are subject to the exclusive jurisdiction of the courts of Guwahati, Assam.

Arbitration:

Any dispute arising would be subjected to a binding arbitration with one arbitrator selected by each party and a third arbitrator selected by the two chosen arbitrators. The parties may take the recourse of institutional arbitration. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 and language of the arbitration shall be English.

Notice:

All notices to the users will be sent to their emails or will be posted on the website. The users, who have maintained their email address with MKA will end up receiving a notice on that very email address only. Email notices are deemed to be received on the Business Day after transmission if properly addressed to the intended recipient.

In case of any question, the user can contact MKA at info@nutratea.in

Infringement Policy:

This Intellectual Property (IP) Infringement Policy should be read in consonance with the Terms and Conditions and the Privacy Policy.

All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc., displayed on the MKA website is the exclusive property of Nutratea Industries LLP as we reserve all the intellectual property rights in these contents. Users agree not to use, reproduce, sell, transmit or create derivate work or distribute any content from the website belonging to Nutratea Industries LLP. Use of the website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of Nutratea Industries LLP. Access to the website does not grant the user any license, express or implied, to the intellectual property of Nutratea Industries LLP or its licensors.

Nutratea Industries LLP respects the intellectual property right of others. In case you find that any contents displayed in the website infringes a copyright, patent, or trademark or in case the goods exhibited are counterfeit in nature, then the user can send MKA a notice of infringement along with the following details.

• The user’s contact information including user’s name, address, telephone number, and email address.
• A digital or electronic signature of the person authorized to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
• The alleged subject matter of the infringement and its location on the website. The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
• A statement that the notifying person believes in good faith that the alleged subject matter is infringing other person’s right.

The above information is necessary for MKA in order to verify the genuineness of the claim and to investigate upon the matter. After investigation, if it appears that the claims are not merit-less, then MKA would remove the alleged subject matter and disable the access to such. If action taken by MKA affects any party, then such party can file a counter notification with MKA addressing all its concerns.

The user would be asked to report any type of Intellectual Property infringement that the user may come across while surfing/accessing the MKA website.

Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Maa Kamakhya Associates, a Unit of Nutratea Industries LLP

4C, Sona Tower, Beltola Road, Basistha Charali

Guwahati, Kamrup Metropolitan

Assam – 781029

Email: info@nutratea.in

Time: Monday to Friday (10:00AM to 6:30PM)

Nutratea Industries LLP reserves all the right to modify the intellectual property policy at any time with its discretion without prior notice to the users.