TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Siddaguru is an application which provides an online marketplace (“Application”) where registered suppliers (“Suppliers”) can offer to sell their products to registered users of the Application (“Resellers”). The Application and the website at https://siddaguru.com (“Website”) (collectively, the “Platform”) are operated by Siddaguru Ecommerce LLP (including its directors, full time employees, subsidiaries and affiliates, collectively, the “Company”). The Company’s role is limited to the managing Application and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions between the Suppliers and the Reseller (“Business”/”Services”). The Application is not made available on a browser environment and will have to be installed as a standalone mobile application.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://siddaguru.com (the “Website”), Siddaguru eCommerce LLP (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Siddaguru eCommerce LLP reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Siddaguru eCommerce LLP will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Siddaguru eCommerce LLP encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Siddaguru eCommerce LLP for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
1. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call centre reps or direct Siddaguru eCommerce LLP sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Siddaguru eCommerce LLP and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the Opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: unsubscribe@siddaguru.com 3. You may send a written remove request to siddaguruecommerce@gmail.com
Proprietary Rights. Siddaguru eCommerce LLP has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Siddaguru eCommerce LLP. Siddaguru eCommerce LLP also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
2. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Siddaguru eCommerce LLP does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Siddaguru eCommerce LLP does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Siddaguru eCommerce LLP does not endorse the contents on any such third-party websites. Siddaguru eCommerce LLP is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Siddaguru eCommerce LLP is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Siddaguru eCommerce LLP or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Siddaguru eCommerce LLP a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Siddaguru eCommerce LLP does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Siddaguru eCommerce LLP is not liable for any damage or harm resulting from any posts by or interactions between users. Siddaguru eCommerce LLP reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Siddaguru eCommerce LLP deems objectionable,
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Siddaguru eCommerce LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Siddaguru eCommerce LLP MAKES NO WARRANTY AND ASSURES BEST PRODUCTS AND SERVICES WILL BE DELIVERED WITH IN THE LIMTS OF THE COMPANY.
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. LIMITATION OF LIABILITY
Siddaguru eCommerce LLP ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Siddaguru eCommerce LLP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Siddaguru eCommerce LLP, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Siddaguru eCommerce LLP. When Siddaguru eCommerce LLP is threatened with suit or sued by a third party, Siddaguru eCommerce LLP may seek written assurances from you concerning your promise to indemnify Siddaguru eCommerce LLP; your failure to provide such assurances may be considered by Siddaguru eCommerce LLP to be a material breach of this Agreement. Siddaguru eCommerce LLP will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Siddaguru eCommerce LLP choice at its expense. Siddaguru eCommerce LLP will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Siddaguru eCommerce LLP against any claim, but you must receive Siddaguru eCommerce LLP prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
PRIVACY
Siddaguru eCommerce LLP believes strongly in protecting user privacy and providing you with use of data. Please refer to Siddaguru eCommerce LLP privacy policy, incorporated by reference herein, that is posted on the Website. The User’s agreement with the Company includes these Terms and the privacy policy (“Privacy Policy”) available at Privacy Policy – Online Shopping (siddaguru.com) (collectively the “Agreement”).
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure. Siddaguru eCommerce LLP will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Siddaguru eCommerce LLP may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Siddaguru eCommerce LLP and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Siddaguru eCommerce LLP to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Hyderabad, Telangana, India This Agreement will be governed by the laws of the State of Telangana without regard to its conflict of law principles to the contrary. Neither you nor Siddaguru eCommerce LLP will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Telangana. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within 15days after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Siddaguru eCommerce LLP reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Siddaguru eCommerce LLP may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Siddaguru eCommerce LLP reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Siddaguru eCommerce LLP chooses, in its sole discretion and without advance to you, to terminate it.
- if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
- if, in the Company’s assessment, the User has (a) charged an unreasonably high price; (b) unreasonable instances of returns and/or cancellations initiated; (c) engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.
- if the Users are found to be non-compliant with the Terms, Policies and/or the Privacy Policy as the case may be.
- On registration, the Users will receive a password protected account and an identification. The Users agree to maintain the confidentiality of their password; take full responsibility for all activities by Users accessing the Application through their account; immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and ensure that they exit from their account at the end of each session.
The Users are solely responsible for all activities that occur under their account and that all purchases made by them are intended for sale or consumption in the course of their business activities.
ORDERS AND FINANCIAL TERMS
The Application allows Users to place orders for the products sold by various Suppliers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, resell products on its own and/or does not control the Suppliers. The Company reserves the right to delist any product from the Application.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Suppliers concerned.
On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Supplier and the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of the order as informed by the Supplier concerned. Confirmation of the order shall be treated as final.
All commercial/contractual terms are offered by and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Users. All discounts and offers are by the Suppliers and not by the Company.
The Users acknowledge and agree that the Company may, at the request of the Supplier, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Supplier. Upon payment of the amounts to the Company, which are due to the Supplier, the payment obligation to the Supplier for such amounts is completed, and the Company will be responsible for remitting such amounts, to the seller. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.
The Users agree to provide current, complete and accurate purchase and account information for all purchases made at on the Application. The Company agrees to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application.
The Company merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the Supplier. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Supplier.
Domestic Use. Siddaguru eCommerce LLP makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Siddaguru eCommerce LLP may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
The Suppliers are bound by, including without limitation, the following laws:
- Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
- Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C Rules);
- Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
SELLING
Suppliers are permitted to list products for sale on the Application in accordance with the Terms and Policies which are incorporated by way of reference in this Terms of Service. The Suppliers represent and warrant that they are legally able to sell or list the products on the Application; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. The Suppliers and the Users agree that the Company is not responsible.
DISCLOSURE
The Users acknowledge, consent and agree that the Company may access, preserve and disclose their account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally; (b) enforce these Terms; (c) respond to the Users’ requests for service or complete the Users’ tasks; (d) protect the rights, property or personal safety of the Company, its subscribers and the public, or pursuant to the terms of the Privacy Policy.
THIRD PARTY LINKS
Certain content or products available via the Application may include materials from third-parties. Third-party links on the Application may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECURITY COMPONENTS
The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
BEWARE OF FAKE OFFERS
The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from www.siddaguru.com or siddaguruecommerce@gmail.com domain or Raise a ticket here
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
