Terms

Terms Of Use

The Website / Mobile App is currently owned and operated by A RKS VENTURES INDIA
These Terms of Use agreement was last updated on 01.02.2020
These Terms of Use agreement is effective as of 01.02.2020

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

A. Acceptance Of Terms

1. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between A.RKS VENTURES INDIA / SUKH TEA (collectively referred as “SUKH TEA”), and you.

These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in

  • (i) the SUKH TEA website and mobile application, including all content and services offered by SUKH TEA either directly or through any third party (“Service Professional”) through the domain and sub-domains of SUKH TEA located at www.Sukhtea.com (collectively referred to herein as the “Website”), and
  • (ii) the online transactions between SUKH TEA and those users (each, a “Client”) of the Website who are purchasing products & services (such products & services, collectively, the “PRODUCTS”) through the Website. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website.

You acknowledge that the Website serves as a venue for the online distribution and publication of information relating to the PRODUCTS AND SERVICES being offered by SUKH TEA, either directly or thorugh any third party Service Professional, and by using, visiting, registering for, and/or otherwise participating in this Website, including the Products & Services presented, promoted, displayed & sold on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that:

  • (1) you are a prospective Client,
  • (2) you have the authority to enter into these Terms of Use,
  • (3) you authorize the transfer of payment for Products & Services availed of / purchased through the use of the Website, and
  • (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner, including any third party for whom the Products & Services may have been purchased by you. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

Be it recorded that this document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the SUKH TEA marketplace platform (hereinafter referred to as “SUKH TEA”). You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

2. Modifications To Terms Of Use And/or Privacy Policy : SUKH TEA reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and SUKH TEA will post notice of the changes and the amended Terms of Use at the domain of www.Sukhtea.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

3. Privacy Policy : Sukhtea has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

B. Membership And Accessibility

1. License To Access : Sukhtea hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that

  • (i) you will not copy, distribute, or make derivative works of the Website in any medium without Sukhtea prior written consent;
  • (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
  • (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

2. Registration / Account Holder Eligibility Criteria : Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that:

  • (a) all registration information that you submit is truthful and accurate,
  • (b) you will maintain the accuracy of such information, and
  • (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation.

Any person may access the Website and the Products posted on the Website, either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website. All terms & conditions of use of the website shall be applicable even when the website is accessed / used by you as a ‘GUEST’ without creating an Account.

Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations or if you are violating the terms of use of the website.

You need not register with Sukhtea to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”).

To create an account, you must submit your name and email address through the account registration page on the Website / Mobile App and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Sukhtea in providing you with a more customized experience when using the Website.

You are solely responsible for safeguarding your Sukhtea password (“Password”) at all times and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall ensure that you have successfully logged out of your account after every session. You shall notify Sukhtea immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Sukhtea permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not Sukhtea will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Sukhtea or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

You will not copy or distribute any part of the Website in any medium without Sukhtea prior written authorization.

You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” “deep-link”, “page-scrape”, etc or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website for any purpose without Sukhtea prior written approval.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You shall not in any manual or automated manner collect information relating to Products, Services, Professionals or Clients, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.

You shall not in any way, in a given period of time, transmit more request messages to the Sukhtea servers, or any server of a Sukhtea subsidiary or affiliate, than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Sukhtea reserves the right to revoke these exceptions either generally or in specific cases.

You shall not recruit, solicit, or contact in any form, Product Manufacturers, Service Professionals or employees of Sukhtea, for employment or contracting for a business not affiliated with Sukhtea without express written permission from Sukhtea.

You shall not take any action that

  • (i) unreasonably encumbers or, in Sukhtea sole discretion, may unreasonably encumber the Website’s infrastructure;
  • (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or
  • (iii) bypasses Sukhtea measures that are used to prevent or restrict access to the Website.

You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Sukhtea regulations, guidelines and additional policies that Sukhtea may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Sukhtea publishes on the Website (the “Additional Policies”). You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership / registration eligibility criteria or Additional Policies, Sukhtea, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

3. Saved Information : Upon your access / use of the Website, the following information shall be submitted by you and stored in our servers:

  • i. Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
  • ii. Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services.
  • iii. Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Website.
  • iv. User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.
  • v. Technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your computer and/or your mobile device.
  • vi. Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.

The above mentioned data is collected and preserved for maximising the efficiency of the services being provided through the website and also to resolve / upgrade technical issues relating to the use of the Website. Such information may also be preserved for the purposes of tax or regulatory compliance and to monitor your use of our Services in order to ensure your compliance with our Terms of Service.

Sukhtea ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS) and storage in encrypted form on secure servers. However, in spite of all security measures, Sukhtea cannot guarantee the security of our database, nor can we guarantee that the information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website is at your own risk and in case of any breach or in case of any consequences or losses (whether direct or indirect), Sukhtea shall not be held responsible or liable for the same in any manner whatsoever.

Sukhtea shall place a small text file (COOKIE) on the User’s browser device in order to enable various features of the Website and to store user preferences and to track user trends, so as to enhance the User’s interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. “Cookies” shall be deemed to be accepted by you unless the device settings are changed to ‘not accept’ cookies.

C. Member Conduct

1. Prohibitions On Submitted Content : You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”) or the posting of any opinions or reviews in connection with the Website, the Service, the Products, the Product Manufacturers / Producers, the Service Professional (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

misrepresents the source of anything you post, including impersonation of another individual or entity;

provides or create links to external sites that violate the Terms of Use;

is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way;

invades anyone’s privacy in any manner whatsoever, without their knowledge and willing consent;

contains falsehoods or misrepresentations that could damage Sukhtea or any third party;

is pornographic, harassive, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Sukhtea all of the license rights granted herein;

contains any harmful virus or intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Sukhtea employee, agent, manager, host, another user, or any other person though any means;

advertises or solicits a business not related to or appropriate for the Website (as determined by Sukhtea in its sole discretion);

contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, unsolicited commercial advertisement, contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

2. No Discrimination : Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Sukhtea will not knowingly accept any Posting which is in violation of the law. Sukhtea has the right, in its sole discretion and without prior notice to you, to immediately remove any posting that discriminates or is any way in violation of any law.

D. Rules For Clients / Customers :

Clients / Customers Shall Not :

  • (a) Commit to purchasing or using a Product or Service without paying;
  • (b) Sign up for, negotiate a price for, use, or otherwise solicit a Product or Service with no intention of following through with your use of or payment for the Product or Service;
  • (c) Misuse any options made available now or in the future by Sukhtea in connection with the use or purchase of any Product or Service.
  • (d) Hold Sukhtea responsible for any losses (direct or indirect) or consequences arising out of the use of the Website or purchase / use of the any Product or Service through the Website.

E. Use Of Submitted Content :

1. No Confidentiality : The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, Your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Sukhtea does not guarantee any confidentiality with respect to any Submitted Content.

Sukhtea may also disclose user information including personal information if Sukhtea reasonably believes that disclosure

  • (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority,
  • (ii) would potentially mitigate Sukhtea liability in an actual or potential lawsuit,
  • (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
  • (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or
  • (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

2. Your Representations And Warranties : You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. You agree to pay for all royalties, fees, and any other monies owing to any person / entity by reason of any Submitted Content posted by you to or through the Website.

3. Your Ownership Rights And License To Sukhtea : You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Sukhtea for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Sukhtea a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Sukhtea (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels.

4. Sukhtea Disclaimers And Right To Remove

  • 1. Sukhtea does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Sukhtea expressly disclaims any and all liability in connection with all Submitted Content.
  • 2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Sukhtea is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content.
  • 3. Sukhtea may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
  • 4. Suggestions : If you send or transmit any communications, comments, questions, suggestions, or related materials to Sukhtea, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Sukhtea is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
  • 5. Reporting Of Issues : It is the constant endeavour of Sukhtea to keep its system secure and to make the Website a safe place for Clients to browse. However, in the rare case when some security Researcher or member of the general public identifies a vulnerability in the systems, and responsibly shares the details of it with Sukhtea, such contribution is appreciated and such issues are addressed with sincere urgency. If vulnerability is identified on any of the properties of the Website (or on any connected Server, etc), the identifier may contact Sukhtea immediately by sending an email to Care@Sukhtea.com with the necessary details to recreate the vulnerability scenario. This may include screenshots, videos or simple text instructions.

F. Copyright Infringement :

Sukhtea has high regard for intellectual property and expects the same level of standard to be employed by its users. Sukhtea may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

G. Modification Or Cessation Of Website

Sukhtea reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Sukhtea shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website or the services offered by Sukhtea.

H. Intellectual Property Rights

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Sukhtea.

The Sukhtea Tales and Sukhtea logo are registered trademarks of A. RKS VENTURES INDIA

All other (registered or unregistered) trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Site are either (registered or unregistered) trademarks, service marks, domain names, logos, company name or indicia of origin or are otherwise the property of  Sukhtea.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

Data on the Website is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sukhtea reserves all rights not expressly granted in and to the Website and the Data.

By use of the website, you are granted a limited, non-sub licensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Agreement and does not include:

  • (a) any resale or commercial use of the Site or Site Materials;
  • (b) the collection and use of any product listings, pictures or descriptions;
  • (c) the distribution, public performance or public display of any Site Materials;
  • (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;
  • (e) use of any data mining, robots or similar data gathering or extraction methods;
  • (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or
  • (g) any use of the Site or the Site Materials other than for their intended purpose.

Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of Sukhtea, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Agreement shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

I. Products/services, Payments, Shipping/delivery, Taxes, Return/replacement & Refund

1. Products / Services : The Website operates as a market place and acts as an online platform to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website reserves the right to withdraw the Products or terminate the services offered at any time to the Users without any notice.

All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end and from any consequence arising from the use of the Products.

Sukhtea hereby disclaims any guarantees of exactness as to the quality, finish and appearance of the final Product as ordered by the Client / User. The quality of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed, supported, guaranteed or warranted by Sukhtea.

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchant-ability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or incorrect product information and in such an event Sukhtea may cancel such your order(s). Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.

2. Payments :

    • i. The Website provides the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products & Services purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks.

      You agree to pay all fees or charges to your Account based on Sukhtea fees, charges, and billing terms then in effect. If you do not pay on time or if Sukhtea cannot charge your credit card, any payment gateway or other payment method for any reason, Sukhtea reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that Sukhtea is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the services offered through this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. Sukhtea in its sole discretion may impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products or Services. Additionally, Sukhtea reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
    • ii. Joining the Website, opening an Account and viewing posted Products & Services is free. However, Sukhtea reserves the right to charge a fee to Clients on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. All such change shall automatically become effective immediately after they are posted on the Website. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
    • iii. Prices for Products & Services are described on the Website and are incorporated into these Terms by reference. Clients / Users undertake that by initiating a transaction, the Client / User is entering into a legally binding and enforceable contract with Sukhtea to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
    • iv. Sukhtea may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment by the User. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the User.
    • v. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
      • a. Lack of authorization for any transaction/s, or
      • b. Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
      • c. Any payment issues arising out of the transaction, or
      • d. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
      • e. Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.

  • vi. Use of the payment facilities provided by the Website shall not render the Website liable or responsible for any damages, interests or claims arising from any breach of security relating to such transaction or relating to the financial data transmitted by the User in connection to such transaction. The Website shall not utilize or share any Financial Information with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.
  • vii. Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products or Sevices on the Website. Every User further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User.
  • viii. You undertake to be liable for all consequences that may arise out of Your inability to pay for the Products or Services purchased by you through the Website, including consequences arising out of Your inability to pay ‘Cash-on-Delivery” after the products have been despatched by Sukhtea in connection to order being placed by you. If you have a balance due to Sukhtea on any account, you agree that Sukhtea may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Sukhtea reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

3. Shipping & Delivery :

  • i. All Products purchased from the Website shall be delivered to the User by standard courier services by Sukhtea, either by itself or through a logistics partner. In case a User purchases multiple Products in one transaction, the same may be delivered either together or separately, at the discretion of Sukhtea.
  • ii. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
  • iii. An estimated delivery time shall be displayed on the order summary page which shall be communicated to the User upon acceptance of the Order. All deliveries where applicable shall be made on a best efforts basis, and while Sukhtea will endeavour to deliver the Products on the dates intimated, subject to situations of Force Majeure (bad weather, political unrest, strikes, war, riot or any other unforeseen situation), Sukhtea disclaims any claims or liabilities (including claims for any mental agony) arising from any failure or delay in this regard, including any damage or loss caused to the Products.
  • iv. The Users can cancel the order at any time, if the delivery time exceeds the expected delivery time and in case of a prepaid order, the Users will be refunded back the price of the product or Services in the account or payment wallet, in accordance with the options chosen by the User, within 14 days of the the order being successfully cancelled.
  • iv. Sukhtea shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
  • v. Sukhtea or its logistics partner will make a maximum of three attempts to deliver the order and in case the User is not reachable or does not accept delivery of products in these attempts Sukhtea reserves the right to cancel the order(s) at its discretion. Any promotional voucher used for the cancelled orders may not be refunded.
  • vi. No deliveries of the Products shall be made outside the territorial boundaries of India.

4. Taxes, Forex Conversion Charges, Payment Gateway Charges Etc : All prices for the products shall be in INR. You shall be liable to pay all taxes, forex conversion charges (in case the products / services are being purchased from abroad with the intent of delivery in India), payment gateway charges etc as may be applicable in respect of the Products / services being purchased / availed by you and/or the payments made by you.

5. Return & Replacement :

  • i. All Products ordered from the Website and successfully delivered to the User may be returned to the Seller in accordance with the terms contained herein or as specified in respect of each product or service. However no return of Products will be accepted by Sukhtea if
    • (a) the Products have been damaged by the User
    • (b) if there is a change in the quality, quantity or other characteristics of the Product
    • (c) if the product returned is not the Product that was delivered
    • (d) any other circumstances that Sukhtea may notify or deem appropriate from time to time.
  • ii. In case of returns:

    In case of claim of return on the ground of pilferage or defective / damaged product, such claim shall be lodged with 24 hours of delivery of the product by sending an e-mail, along with a photograph of the product to feedback@hillcarttales.com, subject to individual return policies of each product.
    The packaging of the product, as received, should be kept intact and the return should be made with the original packaging.
    Upon receipt of the e-mail as mentioned above, Products acknowledged by us as ‘damaged’ or ‘defective’ will be collected by us.

  • iii. In case of return initiated and subsequently couriered by the User himself/herself, Sukhtea shall not be liable to pay for such courier and if it is found that the claimed shipment was not delivered to Sukhtea or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. All returns / refunds shall be solely based on successful return of the product to Sukhtea.
  • iv. Sukhtea shall have the sole discretion to decide whether any return / replacement claim by any USER may be entertained or not.
  • v. All Products ordered by the User shall be eligible to be replaced in accordance with the replacement policy in respect of each product as may be indicated on the Website. However, in case of exchange, the differential amount, if any, shall either be payable by the User prior to despatch of the exchanged product or shall be credited to the the wallet linked to the User’s Account on the Website.

6. Refund : Once products are successfully returned or in case the User does not receive the delivery within the time period agreed, the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.

Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode. All refunds shall be made in Indian Rupees only.

In case of refund arising from the return of any product due to the same being accepted by us as being ‘defective’ or ‘damaged’, such refund shall me made within 14 (fourteen) days of the product being received back by Sukhtea at its facility.

All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable).

J. Term Of Agreement, Cancellation & Termination

1.TERM: This Agreement shall commence on the start and end dates specified on the Member Registration form or generated upon purchase of any service package.

2. Cancellation & Termination Policy :

  • i. Any non-payment of the ongoing registration fee, service fee, price of products / services or any other fee or reimbursements will cause this agreement to be suspended or terminated from the date of non-payment, at the discretion of Sukhtea. The Agreement may be terminated by either party without assigning any reason by giving 30 days written notice to the other party. In the event of any breach of the covenants of this Agreement by either, the non defaulting party shall be entitled to terminate this Agreement forthwith, if the defaulting party fails to remedy the breach within 15 days of intimation of such breach by the non defaulting party.
  • ii. Upon detection of any suspicious activity (an activity may be considered fraudulent at the sole discretion of Sukhtea) on the Website or otherwise, Sukhtea reserves the absolute right to to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity and to cancel all past, pending and future orders without any liability.
  • iii. Apart from termination of entire Agreement, Sukhtea may also cancel orders in situations like inaccuracies in pricing of product on Website and stock unavailability and may block Users, who in the opinion of Sukhtea, fall within the fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case. The User may be considered to be in the ‘loss to business’ category, if any of the following scenarios are met:
    • User with a very high return rate
    • Repeated orders with invalid/incomplete delivery address
    • Repeated request for monetary compensation for petty issues
    • Repeated failure to make payment
    • Repeated cases of failing to take delivery of products / services after placement of order

3. Consequences Of Termination : In the event of termination or expiry of this Agreement for any reason whatsoever, without prejudice to such other rights as may be available under this Agreement or under the law:

  • (a) Sukhtea shall immediately stop providing the Services (that may have been purchased by the Client).
  • (b) The service fee that may have been paid in advance shall be forfeited in entirety and no reimbursement of the same shall be given under any circumstances.

K. Governing Law & Dispute Resolution

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Kolkata, India.

If a dispute arises between you and Sukhtea, the same shall be resolved amicably through dialogue between the two parties. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at care@Sukhtea.com Any dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation and in case of such arbitration, the same shall be referred to a sole Arbitrator referred by Sukhtea and the venue of such arbitration shall be in Kolkata, India.

L. Advertisements & Third Party Links

Sukhtea may display advertisements, third-party links and promotions on the service on the Website. The manner, mode and extent of advertising by Sukhtea on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Sukhtea of any advertised products or services. You agree that Sukhtea shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Sukhtea endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Sukhtea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource.

M. Disclaimer Of Warranties

You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, Sukhtea and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the products & services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Sukhtea does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or Client or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. Sukhtea does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. Sukhtea will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services who you may have come into contact with through Sukhtea platform. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

N. Limitation Of Liabilities

1. In no event shall Sukhtea, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to any personal loss or loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

  • (i) access to or use of the website or any products & services offered via the website;
  • (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content;
  • (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party;
  • (v) any interruption or cessation of transmission to or from the website;
  • (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content;
  • (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website;
  • (viii) any negligent, defamatory, offensive, or illegal conduct of any third party or Client or service professional; or
  • (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Sukhtea is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

2. In no event shall the total, aggregate liability of Sukhtea, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of money actually paid to Sukhtea by you hereunder in respect of the product or service forming the cause of such contention.

You further acknowledge and agree that Sukhtea shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to personal loss or loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.

3. The website may contain links to third-party websites that are not owned or controlled by Sukhtea. Sukhtea does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Sukhtea will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Sukhtea from any and all liability arising from your use of any thirdparty website.

4. All Products & Services provided by Sukhtea shall be delivered on best effort basis (Including where product & services are being delivered in association with a third party partner) and Sukhea shall not be liable or responsible for inaction, incompetence or other service failures and/or any issue relating to any product purchased through the Website.

O. Force Majeure

Neither Sukhtea nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to public holidays, traffic congestions, political unrest, fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

P. Indemnification And Release

You agree to defend, indemnify and hold harmless Sukhtea, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in the website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of the website.

If you have a dispute with one or more website users, you forever release Sukhtea (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.

The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sukhtea without restriction.

Q. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

R. Notice

You agree that Sukhtea may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

S. General Information

1. ENTIRE TERMS OF USE: The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by SUKH TEA on the Website (http://sukhtea.com), shall constitute the entire agreement between you and SUKH TEA, concerning the Website / Mobile App and the services being offered through then. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SUKH TEA’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

2. Statute Of Limitations : You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

3. Section Headings: The section headings