Terms and Conditions

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

1. The site and platform

       1.1 You may buy products from our online stores by placing online orders and get t+917034880he products delivered to your doorstep.

       1.2 Your use of the Site will be subject to these terms of use (“the Terms of Use”) (together with the documents referred to in them).

       1.3 By using the Site, you confirm that you accept the Terms of Use and that you agree to comply with them.

       1.4 By using the Site, you confirm that you accept the Terms of Use and that you agree to comply with them.

2. Other applicable terms

       2.1 The Terms of Use refer to the following additional terms and policies, which also apply to your use of the Site:

  1. Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
  2. Our Cookie Policy, which sets out information about the cookies on our Site.

       2.2 In the event of any inconsistency between any of these terms, they are to be read with the following clauses taking priority in order: the Terms of Use, the Privacy Policy, and the Cookie Policy.

3. Information about us

       3.1 The Site is owned and operated by JCOMMERCE TECHNOLOGIES PRIVATE LIMITED (JCOMMERCE) (referred to as “ARYANMALA” "we", "our", or "us")].

       3.2 JCOMMERCE TECHNOLOGIES PRIVATE LIMITED (JCOMMERCE) is a Private Limited Company promoted by Mr. JACKSON JAYASON and is incorporated under the Companies Act, 2013 having its registered office at Jayme Cottage, Chittattumukku P O Kadinamkulam Thiruvananthapuram- 695301.

ARYANMALA is an E-Commerce platform where vendors from across the globe can register and sell their Sidhha and Ayurvedha products.

Any products that are chemical free can be promoted by the Vendors under specific categories on ARYANMALA the E-Commerce platform.

4. CHANGES TO THESE TERMS

       4.1 We may revise these Terms of Use at any time by amending this page.

       4.2 Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

5. ACCEPTABLE USE

The Customer/client/buyer or Vendor shall not use this Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

       5.1 The customer/client/buyer or Vendor shall not be permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms.

       5.2 The customer/client/buyer or Vendor shall not use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

       5.3 The customer/client/buyer shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Online Stores Service without the express written consent of ARYANMALA.

6. INTELLECTUAL PROPERTY RIGHTS

       6.1 JCOMMERCE owns or is the licensee of all intellectual property rights in the Site, and other material advertised, licensed, or sold on the Site unless otherwise stated.

       6.2 You agree not to modify, reproduce, copy, distribute, disclose to third parties, or derive any unlicensed benefit from the intellectual property in any material on the Site without our prior written permission.

       6.3 No part of the Site and content (including text or literature as wells marks, photographs/audio-video or print media content made available on ARYANMALA may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

       6.4 Except for the limited usage rights expressly granted under this Agreement, nothing in this terms grants, by implication, waiver, estoppel, or otherwise, to the user or any third party any intellectual property rights or other right, title, or interest in or to any of our intellectual property rights

       6.6 The Users will cooperate with the JCOMMERCE for the purpose of protecting, preserving, and enhancing the Trademarks and its interest in them and in furtherance of such obligations, the User will promptly execute and deliver to the Licensor all documents and instruments that the JCOMMERCE, acting reasonably, determines are necessary or prudent from time to time.

       6.7 The User will not itself and will not assist, permit, or encourage any third party to:

              6.7.1 Attack or challenge the validity, ownership or enforceability of the Intellectual Property Rights on the Content, Trademark, or the Licensor’s rights relating to Trademarks or Intellectual Property Rights on the Content. 

              6.7.2 Claim, use, or apply to register, record or file any Intellectual Property Rights on the Content, trademark, trade name, business name, corporate name, domain name, social media user name, email address, metatag, Adwords or similar search term, copyright, or design that is identical with, confusingly similar to, clearly derived from or based on or that includes the Trademark; or  

              6.7.3 Use the Intellectual Property Rights/Trademark in a manner that is likely to depreciate or cause material harm to the goodwill attached to any of the Marks.  

7. TRADEMARKS

       7.1 "ARYANMALA" or the ARYANMALA logo are JCOMMERCES trademarks and may not be used without prior written permission from ARYANMALA by the Users.

8. LIMITATION OF LIABILITY

       8.1 It is agreed and acknowledged by you that:

  1. The content provided on the Site is intended as general information on products offered by our registered vendors for marketing their products only;
  2. The Site has not been developed to meet your individual requirements;
  3. The Site does not provide legal or other professional advice on which you may rely;
  4. The Site may from time to time be wholly or partially unavailable, inaccessible, or subject to interruption, and we do not guarantee their availability.

       8.2 We will not in any circumstances be liable to you or to any third party, for any claim (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under these Terms of Use or in connection with your using the Site, for any loss, damage, cost, or expense and including any:

  1. Loss of profits, sales, business, or revenue;
  2. Business interruption;
  3. Loss of anticipated savings;
  4. Loss or corruption of data or information;
  5. Malware, viruses, worms, or like software that may damage your computer systems or equipment or other property due to your having accessed the Site;
  6. Loss of business opportunity, goodwill or reputation; or
  7. Any special, indirect, incidental or consequential loss, damage, costs, or expense of any kind or nature, even if foreseeable or if we have been advised of their possibility.

       8.3 Nothing in the Terms of Use will limit or exclude our liability for:

  1. Death or personal injury resulting from our negligence;
  2. Fraud or fraudulent misrepresentation; or
  3. Any other liability that cannot be lawfully excluded.

       8.4 Save as set out in the documents identified in clause 2.1 as applicable, these Terms of Use set out the full extent of our obligations and liabilities in respect of the provision of the Site. Except as expressly stated in the Terms of Use, there are no other conditions, warranties, representations or terms, express or implied, which are binding on us. Any condition, warranty, representation or other term concerning the provision of or access to the Site which might otherwise be implied into, or incorporated into, the Terms of Use whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

       8.5 You recognize the general nature of the Site and our lack of control of how and for what purposes the contents of the Site are used by you.

       8.6 You indemnify us (on demand) against and will be responsible for each loss, liability, or cost incurred as a result of any claim by any person against us which arises as a result of you using the Site.

9. EVENTS OUTSIDE OUR CONTROL

       9.1 Further to the exclusions set out in the Terms of Use, it is agreed that we will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under the Terms of Use which is caused by an Event Outside Our Control, as defined in clause 9.2.

       9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks or Courier services which are two key ingredients of online stores.

       9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Use:

  1. Our obligations under the Terms of Use will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  2. We will use our reasonable endeavors to find a solution by which our obligations under the Terms of Use may be performed despite the Event Outside Our Control.

10. VIRUSES

       10.1 We do not guarantee that the Site will be secure or free from malware, viruses, worms, or like software that may damage your computer systems. You should use your own protection software in respect of the same.

       10.2 You are responsible for configuring your information technology, computer programs and platform in order to access the Site.

11. LINKING TO THE SITE

       11.1 You may link to our home page, provided you do so in a way that is fair and does not damage our reputation or take advantage of it.

       11.2 The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.

12. THIRD PARTY LINKS AND RESOURCES IN THE SITE

       12.1 Where the Site contains links to other Site and resources provided by third parties, these links are provided for information and advertisement purposes only.

       12.2 We have no control over the contents of those site or resources and save as expressly set out, take no responsibility for their content.

13. APPLICABLE LAW

       13.1 The Terms of Use, their subject matter and its formation (and any non-contractual disputes or claims), are governed by Indian Law and the parties irrevocably submit to the exclusive jurisdiction of the courts of Thiruvananthapuram, Kerala, India.

       13.2 Each of the conditions of this Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

14. MISCELLANEOUS

       14.1 The above Terms and Conditions, Cookie Policy and the Privacy Policy shall bind all parties and constitute the entire agreement of the parties and prevail in any and all prior and existing contracts between us.

       14.2 We reserve the right, at our own discretion to modify or replace any part of these Terms and Policies. It is your responsibility to check the Policies and Terms & Conditions periodically for changes. Your continued use of the Site or access to the Platform following the posting of any changes to the Policies or Terms & Conditions constitutes acceptance of those changes. We may also, in the future offer new services and/or features through our Site/Platform. Such new features and/or services shall be subject to the updated/revised Policies and Terms & Conditions.

15. ACCESSING OUR SITE

       15.1 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice.

       15.2 You are responsible for making all arrangements necessary for you to have access to the Site.

16. FEEDBACK

Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice.

ARYANMALA Terms of Use dated 01.03.2021

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