TERMS & CONDITIONS

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TERMS & CONDITIONS

Introduction

These terms and conditions including all the policies mentioned below read with our “Refund/Return/Exchange Policy” and “privacy policy” (“Terms of Use”) mandate the terms on which the “User” (“You” or “Your” or “Yourself” or “User”) can access and register on the online platform http://organicbrandfactory.com website, m-web and mobile application (collectively referred to as the “Platform”), operated by Organiverse Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the E-commerce Services (as defined below), provided through the online platform http://organicbrandfactory.com.

Please read the Terms of Use and Privacy Policy very carefully before using or registering on the online platform or accessing any material, information or Services through the online platform BY USING THE PLATFORM, AND/OR BY REGISTERING WITH US (EVEN IF YOU DO NOT AVAIL ANY OF THE SERVICES OR DO NOT ORDER PRODUCTS OFFERED ON THE ONLINE PLATFORM), YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, and that you agree to comply with applicable laws, governed and interpreted by the country (hereinafter referred to as “India”). Please note that we offer the products on our website on “AS IS” and “AS AVAILABLE” basis without any warranties for the products. 

This Agreement defines the terms and conditions under which you are allowed to use the Platform and describes the manner in which we shall treat your account while you are registered as a user with us. 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Our privacy policy (provide link).

The user also accepts and agrees to our Terms and Conditions and those additional terms and conditions and policies referred herein and/or available by hyperlinks. The terms in the Terms & Conditions are in effect upon your using or availing services, resources or any product from the platform, accessing the service/platform on any medium, including but not limited to mobile phones, smartphones and tablets, is also subject to the terms and conditions mentioned herein.

If you have any questions about any part of the Agreement, feel free to email us at obfcares@gmail.com or call us at +91 9582339582.

In addition, you also understand that the specific method, features and products offered on http://organicbrandfactory.com may be altered, improved, removed or adapted at any time by Us in our sole discretion and without any notice. We reserve the right to modify or terminate any portion of the terms and conditions for any reason and at any time. No intimation/notice of any modification or termination of any portion of the Terms and Conditions shall be given to you in writing. Your use of the Platform following any such modification constitutes your agreement to follow the Terms and Conditions and be bound by the portion so modified.

If you do not agree with any of these terms, then kindly refrain from using our website/online platform.

Your access to use of the Platform and the Services will be solely at the discretion of the Company. These Terms and Conditions are published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
  1. Nature of Service

You agree and understand the website is just an online platform that enables the user to purchase the products that are listed and available at the price indicated there on the website of the company. You further understand and acknowledge that the company is merely a facilitator between you and the seller selling the products on the online platform of the website and in no case shall be responsible for any transactions made by you with the seller selling their products on the website of the company. The sale shall be a contract strictly between you and the seller selling the product.

  1. User Account, password and security

2.1 If the user have registered itself on the website then it shall be the responsibility of the user. On completion of your registration on our website you shall be assigned a user ID and password to enable your access on our website and you shall be responsible for all the activities that shall undergo in your account. 

2.2  You shall be solely responsible for maintaining the confidentiality of your user account and its password and you shall inform us if any breach in your account is anticipated or suspected by you. 

2.3 You shall be held liable for any losses occurring to the Platform caused by authorised/unauthorised use of the Platform caused due to your failure to keep the information of your account confidential and secure. Also the Platform shall be eligible to take appropriate legal action for fraudulent conduct or misrepresentation provided by you under relevant applicable laws.

2.4 You hereby undertake that you shall provide correct and complete details about you while registering on our platform and shall update any changes to the information that you provided when registering. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. 

  1.  License to use website

3.1 You agree and understand that only a limited, revocable, non-exclusive  and conditional access has been given to you by the Company to use the online platform. Unless otherwise stated, the Company Organiverse Pvt. Ltd. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

 3.2 You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

3.3 This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

3.4  You must not: 

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

3.5 Any unauthorised use terminates the permission or license granted by Amazon Seller Services Private Limited and / or its affiliates, as applicable.

  1. Conduct for using the website

4.1 You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (c) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the other Users.

4.2 You shall further not :

  1.  upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  2. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer or provide you undue advantage or benefit in purchasing goods / availing services;
  3. engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);
  4. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Platform server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
  5. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  1. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
  2.  use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Platform or other third parties
  3. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
  4. violate the Terms of Use contained herein or elsewhere; and
  5. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

5. User Content

5.1 In these terms and conditions, “your user content” means material including but not limited to text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose.

5.2 You grant Organiverse Private Limited an irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Organiverse Private Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

5.3 Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Organiverse Private Limited or any third party (in each case under any applicable law). 

5.4 The Company (“We”) reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website. Notwithstanding the Company’s rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6.  No warranties

6.1 This website is provided “as is” without any representations or warranties, express or implied. Organiverse Private Limited makes no representations or warranties in relation to this website or the information and products provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Company does not warrant that: 

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 Nothing on this website constitutes, or is meant to constitute, advice of any kind.  

6.2  The company makes every effort to provide listing of only those products which are certified from concerned agencies and authorities, however the company does not vouch for the authenticity, genuineness and quality of these products.

 7. Limitations of liability

7.1  In no event shall the Company be liable for:

  1. provision of or failure to provide all or any service to its users through the Website;
  2. any content posted, transmitted, exchanged or received by any User or other person on or through the Website;
  3. any unauthorized access to or alteration of your transmissions or data; or
  4. any other matter relating to the Website or the Service.

7.2  The Company does not warrant that the functions contained in content, information and materials on the platform and / or services, including, without limitation any third-party sites or services linked to the platform and / or services will be uninterrupted, timely or error-free, secure from any data breach or that the defects will be rectified, or that the online platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

7.3 In no case shall the Company/Platform, our Partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the service or platform, even if advised of their possibility. 

7.4 Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”).

8. Reasonableness & Fairness

 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable and all the terms set out here in these Terms and Conditions are fair in all aspects.

 If you do not think they are reasonable and fair, then you must not use this website.

9. Indemnity and Release

You shall indemnify and hold harmless Organiverse Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Organiverse Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

10. Violation/Breach of these terms and conditions

 Without prejudice to Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay all reasonable legal advisor’s fees and costs of such action, in addition to any other relief that may be granted.

11.    APPLICABLE LAW AND DISPUTE SETTLEMENT

11.1 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in India, before a sole arbitrator to be appointed by the Company Organiverse Private Limited. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be at Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

11.2 Subject to the abovementioned clause, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

12. Report Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: obfcares@gmail.com . Grievance Officer: Rahul Chauhan

  Phone Number: +91 9582339582

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Platform’s rights under the Terms of Use are freely transferable by the Platform to any third party without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by the Platform to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Platform of that provision or right.

RETURN, REFUND  & CANCELLATION POLICY

All orders placed by you on our platform shall be governed by the provisions mentioned here:

  1. No refund, return or cancellation shall be made on the items mentioned here (provide link of the list).
  2. Return/exchange/replacement of the products shall only be provided in the event that the product delivered is “damaged/defective product”, ‘wrong item delivered” or “product not delivered” and any of such abovementioned events is reported by the customer within 48 hours, from the delivery of product.
  3. If any product is cancelled by the customer after placing the order then the customer shall be required to pay a minimum of Rs. 20 and a maximum of Rs. 200 depending on the product for any such cancellation of product.
  4. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. 

Refund

  1. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
  1. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
  2. Approved refunds shall be paid within 10 to 15 working days from the approval of refund. In case, if replacement of the items cannot be provided to you, that amount will be refunded to you and it will be reflected in your account within 3 to 7 days. For replacement request & feedback please call us or email at obfcares@gmail.com .
  3. Refund, return or cancellation of the product shall not be approved if the Serial Number/Batch Number is tampered, or if the Product has been consumed more than 50%, or if the product is misused or distorted deliberately.
  4. In case of exchange of any product, the same shall be done only after inspection by the company or our affiliates and the new product shall be delivered to the customer within 10 to 15 workings days from the date the product is picked by us.

Privacy Policy 

Organicbrandfactory.com recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on http://organicbrandfactory.com and other offline sources. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

Information we collect

Contact information. We might collect your name, email, mobile number, phone number, street, city, state, pincode,  country and ip address.

Payment and billing information. We might collect your billing name, billing address and payment method when you buy a product from our website. 

Information you post. We collect information you post in a public space on our website or on a third-party social media site belonging to organicbrandfactory.com.

Other information. 

If you use our website, we may collect information about your IP address and the browser you’re using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

We collect information in different ways.

We collect information directly from you. We collect information directly from you when you register with us. We also collect information if you post a comment on our websites or ask us a question through phone or email.

We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

Use of your personal information

We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.

We use information to respond to your requests or questions. We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.

We use information for security purposes. We may use information to protect our company, our customers, or our websites.

We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. We use information to send you transactional communications. We might send you emails or SMS about your account or when you purchase any product from us.

We use information as otherwise permitted by law.

Sharing of information with third-parties

We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online listing of products on our platform or payment processors or transactional message processors. 

We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or as mandated under applicable laws. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.

We may share your information for reasons not described in this policy. We will tell you before we do this.

Email Opt-Out

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email obfcares@gmail.com. It may take about ten days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.

Third party sites

If you click on one of the links or hyperlinks to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

Security

 Organiverse Pvt. Ltd. does all the due diligence and industry approved security measures to keep the personal and sensitive information of the Users confidential, however Organiverse Pvt. ltd. at no point guarantees full proof security of the data shared by the User with the Platform and Platform discards any liability in case of any security breach of data shared. The User will not hold Organiverse Pvt. Ltd. accountable for any issue related to data storage and/or security.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Rahul Chauhan

Phone: +91-9582339852

Email: obfcares@gmail.com

If you have any questions about this Policy or other privacy concerns, you can also email us at obfcares@gmail.com

 JURISDICTION

Any and all disputes arising between the User and Organiverse Pvt. Ltd. with regards to this Policy, including the interpretation of the terms of this Policy shall be dealt in the manner as mentioned under heading ‘Applicable Laws and Dispute Settlement’ clause 11 of the Terms & Conditions for Use.

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