Terms and Conditions
Welcome to AusumTea’s website at http://www.ausumtea.com/ ("Site").
The Site is operated by Ausum Lifestyle, a partnership firm based in Bangalore , India offering _________(“AusumTea”). More information about AusumTea can be obtained here - Spirit Of Ausum
The Site provides persons who visit the Site with information regarding AusumTea, its products, and pricing , and also provides persons with the ability to sign up and purchase its products.
Use of the Site is governed by the following terms and conditions (“Terms of Service”). Please review the Terms of Service carefully. The use of any service offered by the AusumTea (including access to its website) may be governed by separate terms and conditions as provided by AusumTea from time to time.
By using the Site, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the Site.
The terms “we” and “us” refers to AusumTea and its affiliates, and the term “you” refers to you, the user of the Site.
What do we provide on the Site
We provide information regarding our products of tea we offer for sale on this Site which can be purchased by you as per your requirements.
Acceptance of the Terms
By using the Site, you are agreeing to comply with and be bound by the Terms of Service. Your use of the Site is subject to the Terms of Service, which may be updated from time to time without notice to you.
The Terms of Service apply mainly to the information sought by you from the Site. The use of any other service offered by AusumTea may be governed by separate terms and conditions.
Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the Site). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, and the services that are provided to you through the Site
By using the Site, you represent and warrant that:
- you are competent and eligible to enter into legally binding agreements and you have the requisite authority to bind yourself under the terms, conditions, obligations, representations and warranties set forth in these Terms of services as determined by the provisions of Indian Contracts Act,1872. You may not use the Site if you are not competent to contract under the Indian Contract Act, 1872.
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- have attained the age to legally accept these Terms of Service as per the laws applicable to you and/or at your location, or the age of 18 years, whichever is higher;
- your use of the Site does not violate any applicable law or regulation. Use of the Site is void where prohibited; and
- if you are the parent / legal guardian of a minor who uses the Site, that you monitor all use of the Site by the minor and ensure compliance with these Terms of Service.
Your Content, User Data and Privacy
Any content you create or store on the Site, including personal information (collectively, "Content") remains yours. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, share and publicly display such Content to the extent needed by us to provide services to you. The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use), transferable and sub-licensable (so that we are able to use our affiliates and sub-contractors such as Internet content delivery networks), and worldwide (because the Internet is global in reach).
You are solely responsible for your Content and the consequences of its transmission. You represent and warrant that the Content does not violate any applicable law, rule or regulation or third party rights. You agree to indemnify us against any claims against us arising out of your Content.
You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with the Terms of Service or any applicable law, rule or regulation.
The Site may also provide you with the ability to modify any Content. You acknowledge and agree that you are solely responsible for the Content and that any modifications you may make are required to be in accordance with applicable law.
You are responsible for paying all payments and applicable taxes associated with the products purchased by you from AusumTea with a valid payment method provided on the Site itself.
You also authorise us to collect and store the details of your payment, along with other related transaction information. We may also have to share this information with our bankers and payment gateways, etc.
If the payment method specified by you fails, then:
- you agree to pay all amounts due from you upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,
- we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us); and
- You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
- The returns policy is available at https://www.ausumtea.com/returns-policy
You agree not to use the Site for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another.
Despite these prohibitions, content communicated by other users of the Site may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content that we have reasonable grounds to believe violates the Terms of Service, any applicable law, or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Site, or our offers.
If you do not want to receive certain email messages, you may opt out by contacting us. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users.
Third Party Links and Interaction
Additionally, we may provide hyperlinks though the Site, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Site.
You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Site, and our websites, emails, Sites, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms of Service.
Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Site and that you will indemnify us for any claims which may arise on us in this regard.
We have invested substantial time and effort into developing the Site and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Site. You agree that any infringement of these restrictions will cause us irreparable loss.
Disclaimer of Warranties
We do not warrant that:
- the Site will meet your specific requirements;
- the results that may be obtained from the use of the Site will be accurate or reliable;
- any errors on the Site will be corrected.
- the quality of any services or information obtained by you will meet your expectations.
Limitation of Liability
You expressly understand and agree that AusumTea, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Site;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Site;
- or any other matter relating to the Site.
Your sole and exclusive remedy for any dispute regarding the Site, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards the immediately preceding month when such claim arises or continues.
You agree to indemnify, defend, and hold harmless AusumTea, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
- any Content you submit, post, transmit, or make available through the Site or any other service provided by us;
- your use or misuse of the Site;
- your connection to and use of the Site;
- your breach or alleged breach of these Terms of Service;
- your violation of any rights of any other party; or
- any misstatement or wrongful information provided to us, including in the membership form signed by you at the time of commencement of the services.
Amendment of these Terms of Services
We may amend, modify, change, add or remove portions of these Terms of Service at any time without notice to you. The latest Terms of Service will be posted at this URL, and you should review the Terms of Service each time before you use the Site. By your using the Site, you are presumed to have notice of the latest version of the Terms of Service.
Governing Law and Dispute Resolution
These Terms of Service shall be governed by the laws of the Republic of India without giving effect to any principles that may provide the application of the law of another jurisdiction.
Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Bangalore, India and the sole arbitrator shall be appointed by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Questions and Suggestions
If you have questions, suggestions, or require to contact us as per these Terms of Service, or wish to make a complaint, please complete a feedback form https://goo.gl/forms/TJIn0ied5u6zjgVL2 or you can contact us at:
Contact us455, 1st floor 18th Main road, 4th T Block, Jayanagar,
Bengaluru, Karnataka 560041