Terms & Conditions

Last Update: 13th January 2019

1.  USE OF THIS SITE

Welcome to www.theearthyways.com (“The Earthy Ways” or “TEW“or “Site“). This Site is owned and operated by Mrs. Ira Mitra under the name of the company “The Earthy Ways” with its registered office at Cluster-XI, “Purbachal”, Sector – 3, Salt Lake City, Kolkata, 700097, West Bengal, India.

The use of this site and all affiliated sites is entirely at the risk and discretion of the user.

You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our interactive services (“Interactive Services“), such as our Beauty Suggestions, Tutorials etc. and the Beauty Services wherein you can book any beauty service provided by our beauty partners (“Beauty Services“) or you can book any product from our seller partners(“Selling Services“)  and these Terms of Use also govern your use of the those Services. These Terms of Use govern all the products offered on the Site including the Interactive, Beauty & Selling Services.

The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use“) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together “Policies“) as modified and amended from time to time.

By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

TEW reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If TEW decides to change the Terms of Use or Policies, TEW will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

 

2.  PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by TEW in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of TEW.

 

3.  YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. TEW or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to TEW.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in TEW’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Site.The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 

4.  PRODUCT & SERVICES INFORMATION

TEW attempts to be as accurate as possible in the description of the product on the Site. However, TEW does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

TEW reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.

5.  PRODUCT USE & SERVICES

The products and services available on the Site, and the samples, if any, that TEW may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that TEW is in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.

6.  RECOMMENDATION OF THE PRODUCT& SERVICES

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by TEW or any of its associates in any manner.

 

7.  PRICING INFORMATION

TEW strives to provide accurate product and pricing information, however errors may occur.

TEW cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, TEW shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, TEW may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and TEW will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that TEW accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to TEW’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF TEW. TEW may revise and cease to make available any product/ services at anytime. In the event, TEW is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. TEW shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

8. LICENSE TO USE THIS SITE

Users of TEW, i.e. visitors to this site, in using this site, recognize and acknowledge that ALL information on this site is and remains the sole property of TEW. All reviews, summaries, and collections of information, as well as all other information (including, but not limited to, this Legal Disclaimer) are the copyrighted property of TEW. Permission is granted for the purely personal non-commercial use of this information, but NONE of it may be duplicated, distributed, reposted, or retransmitted in ANY form under ANY conditions without the express written approval of TEW. This includes, but is not limited to, the copying of ANY information on this site and sending of such information to any other person, whether by e-mail or other means. Users are, however, encouraged to link to TEW — see Section 9, linking to this site.

9. LINKING TO THIS SITE

Users are encouraged to link to any and all pages on this site, provided that TEW pages linked to are presented entirely and directly as they are on TEW site and NOT within frames or similar constraints.

10. ACCURACY OF INFORMATION

TEW cannot warrant ANY of the information on this site, and can make no guarantees as to its accuracy or as to the rationality of any of the opinions expressed.

Please keep in mind that we display both good and bad reviews, which are strictly the opinions of the authors. We do this to remain as objective as possible about the reviews that have been submitted. Treat the contributors here the same way you would treat anyone you’ve met for the first time. You should not make a final decision simply because some stranger talks it up; you should not treat this web site any differently. Our advice is that you should not rely purely upon the information or opinions you read. Instead, you should use what you read here as a resource. Think of TEW as a tool to help you select a product, then judge for yourself the merits of the reviews that have been shared on our web site.

TEW cannot warrant any of the information on this site as accurate or even approximate. Users are warned that the all information provided on this site may be inaccurate and should not rely on this information. The following — as well as anything not listed below — may be inaccurate:
The spelling of product’s name
Images of products as depicted on this site
Ingredients
Names of reviewers
Dates and sources of listed reviews
Review summaries and ratings

10. SITE OF OPINION (NOT FACT) AND INHERENT CONSEQUENCES THEREOF

To the maximum extent allowed under applicable law, the information on this website is provided ‘As Is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

In no event will TEW be liable to any party for any direct, indirect, special, incidental or consequential damages for any use of or reliance on this website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs, lost or damaged data, or otherwise, even if we are expressly advised of the possibility of such damages.

Nothing in this web site should be interpreted as an offer, contract, representation, or warranty except for TEW Products.

As a site of opinion certain users may feel offended by the material posted at TEW and while TEW regrets this we take no responsibility whatsoever for this or any reaction to any material posted on this site.

Every effort has been made to ensure that no physical harm or mental anguish results from the use of this site. Nevertheless, users are advised to use this site responsibly and reminded again and again that TEW accepts no responsibility for any damage and harm caused by use of this site.

TEW specifically and emphatically reminds and warns companies not to read reviews of their products and will under no account accept responsibility for any damage resulting from such ill-considered use of this site (or, indeed, any use of this site).

11. LINKS

TEW is not responsible for anything whatsoever on sites that TEW links to or provides links to. Use of links is solely at the discretion of users and any damage resulting from the use of a link is entirely the responsibility of the user.

TEW assumes no responsibility whatsoever with regards to any dealings that users enter into with other parties reached via TEW. The purchase of products via third parties (such as Amazon.com) or other activities to which other sites or advertisers entice users is solely the responsibility of the user. TEW assumes no responsibility for any damage incurred through such transactions. Buyer beware! And buyer be responsible !

TEW is in no way responsible for where links lead. A good-faith effort is made to ensure that links lead to where they are described as leading. Nevertheless, links change, die, and mutate, and TEW will not accept responsibility for misleading, incorrect, incomplete, dead (or, for that matter, correct) links. Every effort will be made to change inaccurate and offensive links if and when they are brought to the attention of TEW.

12. WARRANTY

TEW makes absolutely no warranties, express or implied, about the information and materials appearing on this website except TEW Products.

TEW cannot guarantee complete, partial, or any satisfaction with this site: users may find it a complete waste of time. Under no circumstances will TEW replace that time (in actual time, or in cash or other equivalents). Users are, however, free to peruse TEW at their leisure and examine all accessible pages on this site (with the exception of those not willing to accept responsibility for their actions).

13. Tutorials, Remedies, Suggestions
Our suggestions and articles are only intended for informational purpose. Any information associated with these should not be considered as a substitute for prescription suggested by beauty, diet and health care professionals. Readers and viewers are subjected to use these information on their own risk.This site doesn’t take any responsibility for any harm, side-effects, illness or any health or skin care problems caused due to the use of our content or anything related to this.

14.  CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

 

9.  MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, Net Banking, Paypal and Reward Points.
  • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
  • Cash on delivery (COD) is not accepted.

 

10.  SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our Site.

 

11.  EMAIL FUNCTIONALITY

The EMAIL Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

  • TEW may suspend the email service at any time without notice.
  • TEW or its executives are not responsible for any delay caused in attending to or replying to the queries via email.
  • Communication through mail would be stored by TEW for future reference, and the user of such service will not have the right to access such information at any future date.
  • While communicating you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  • The email communication shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
  • You may proceed further and communicate to us only if you agree to the above terms and conditions.

 

12.  USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content“), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

TEW shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. TEW does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by TEW. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will TEW 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 Site. You hereby waive all rights to any claims against TEW for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that TEW has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves 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, TEW has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site please contact us by email at @theearthyways.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

 

13.  INTELLECTUAL PROPERTY RIGHTS

The “TEW” and “The Earthy Ways” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks“) of TEW. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of TEW or others, are the intellectual property of their respective owners, and TEW shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

TEW and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of TEW and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents“) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless TEW explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by TEW, any of its affiliates or by third parties who have licensed their materials to TEW and are protected by Indian copyright laws and international treaties.

 

14.  LIMITED LICENSE

TEW grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates.

TEW reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

 

15.  REPRESENTATIONS AND WARRANTIES

This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. TEW shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

TEW shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. TEW does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

TEW through the Site intends to provide its users with general information. The Site encourages its users to interact with TEW and its employees by asking questions that enables the user to obtain information of a general nature pertaining to the topics listed in the Site. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over e-mails exchanged with TEW, or its representatives (collectively referred to as “Information“) which are in furtherance of any communication made by the user with TEW, its representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While TEW takes reasonable care to ensure that the Information is accurate, TEW makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by TEW or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will TEW, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

In keeping with TEW’s objective of providing its users with general information about beauty and healthcare topics and products, TEW engages experts having knowledge of in their respective fields (“Experts“) to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails or on social networking sites, including the Site’s facebook page (collectively referred to as “Expert’s Opinion“) is based on the Expert’s personal opinion. The Expert’s Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. TEW makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert’s Opinion. In case any user relies on such Expert’s Opinion, he/she may do so at its own risk. Under no circumstances will the TEW, Company, its employees, representative or affiliates be liable for such Expert’s Opinion or for the consequences of relying on such Expert’s Opinion. 

For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.

 

16.  DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, 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, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) 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; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF TEW. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE 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.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE 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. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

 

17.  LINKS AND THIRD PARTY SITES

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply TEW endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between TEW and those third parties.

TEW is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. TEW do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible 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 via the Site.

  

18.  TERMINATION

These Terms of Use are effective unless and until terminated by either you or TEW.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. TEW may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.

Upon any termination of the Terms of Use by either you or TEW, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

 

19.  INDEMNITY

You agree to defend, indemnify and hold harmless TEW, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to TEW or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

 

20.  GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Kolkata.

Without any prejudice to particulars listed in Clause 13 above, TEW shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

 

21.  SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  • accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
  • sending unsolicited email, including promotions and/or advertising of products or services; or
  • forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

TEW is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from TEW on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

22.  ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and TEW with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

TEW’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

 

23.  GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site 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 Site.

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. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at contact@theearthyways.com

 

24.  CONTACT INFORMATION:

Customer Service

E-mail id: contact@theearthyways.com