Terms of Use
TERMS OF USE
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBISTE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THESE “TERMS OF USE” CAREFULLY. BY ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE, MOBILE VERSION OF THIS WEBSITE OR ITS MOBILE APPLICATION (TOGETHER “WEBSITE”) YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SPECIFIED UNDER THESE “TERMS OF USE”.
1. GENERAL
1.1. This Website orehealingcrystals.com is owned, operated, and maintained by Totality Corp LLP (“LLP”), a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 and having its registered office at CTC062, The Crest Park Drive, DLF V, Sector-54, Gurgaon, Haryana-120012 hereinafter referred to as the “LLP”.
1.2. Reference to the term “Website” in these Terms of Use shall include the mobile application <name>, as the case may be, and/or any other software/application through which the User (a) accesses the Website, or (b) purchases the LLP’s products through the Website, as the case may be.
1.3. The terms “We” / “Us” / “Our” used in these “Terms of Use” refer to LLP and the terms “You”/ “Your”/ “Yourself” document in these “Terms of Use” refer to the users of the Website (“Users”). The term “Users” in these Terms of Use shall include persons(s) who visit or access the Website, avail any of its functionalities, or use any data or information available on the Website in any manner.
1.4. The term “Applicable Law” as used in these Terms of Use refers to all applicable laws, rules, regulations, circulars, orders, or other instructions (having force of law) of any government, legal, or judicial authority having jurisdiction over the Website or any transaction(s) on the Website.
2. IMPORTANT TERMS
2.1. This “Terms of Use” document constitutes an “electronic contract” between LLP and the User of the Website under the laws applicable to the User. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2.2. IF YOU DO NOT AGREE WITH THESE “TERMS OF USE” PLEASE DO NOT USE THE WEBSITE. BY VISITING OR ACCESSING THE WEBSITE, YOU UNCONDITIONALLY ACCEPT, AND AGREE TO BE LEGALLY BOUND BY THE “TERMS OF USE”, READ WITH THE PRIVACY POLICY AND / OR ANY OTHER APPLICABLE POLICY GOVERNING THE USE OF THE WEBSITE OR CONDUCT OF TRANSACTIONS ON THE WEBSITE.
2.3. This “Terms of Use” document includes and shall always be deemed to include (a) the Privacy Policy; and (b) any other policy governing the use of the Website or conduct of transactions on the Website. Further, when You use any specific service provided by Us through the Website, You will be subject to the terms and conditions applicable to such service, and they shall be deemed to have been incorporated into these Terms of Use by reference and shall be considered to be part and parcel of these Terms of Use.
2.4. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. For certain changes, We may be required under Applicable Law to give You advance notice of any change(s) to the Terms of Use. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. The version of the Terms of Use that will apply to You or any transactions You undertake on the Website, will be those uploaded on the Website at the time You use or access the Website. For this reason, We encourage You to review these Terms of Use each time You use or access the Website. This Terms of Use shall not alter in any way the terms or conditions of any other written agreement You may have with the LLP for other products or services.
3. ABOUT THE WEBSITE
3.1. Website: The Services provided under this serve as a platform to showcase [inser] under “[orehealingcrystals.com]”.
4. ELIGIBILITY
4.1. Competence to contract: Only persons who can enter into a legally binding contract under the Indian Contract Act, of 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such transaction through their legal guardian or parents. LLP reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to LLP’s notice or if it is discovered that you are under the age of 18 years.
4.2. Authorization: If you represent a Company, partnership firm, or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
5. USER REGISTRATION
5.1. LLP may require Users to fill an online form and register themselves on the Website to avail of all or any of the services rendered on the Website. LLP may require Users to provide all information and submit all documents as may be required for registration of the User on the Website or for availing or purchase any Service on the Website (“Registration Information”).
5.2. You may create and hold one user account (“Account”) only. You will be responsible for maintaining the confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferable and may not be sold, traded, combined, or otherwise shared with any other person.
5.3. You agree to:
(a) provide true, accurate, correct, and complete Registration Information; and
(b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if LLP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, LLP has the right to suspend or terminate any and all of your current or future use of the Services.
5.4. Upon successful registration to use the Services, your Account will be activated. You agree and understand that you will be solely responsible for maintaining the confidentiality of your password which, together with your login ID, allows you to access the Services.
5.5. By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, on that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. If you become aware of any unauthorized use of your Registration Information, you agree to notify LLP immediately at the customer service helpdesk, the details of which are available on the Website. LLP shall not be liable for any unauthorized use or access unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to LLP.
5.6. If You are accessing, browsing, and using the Website on someone else’s behalf; You represent that You have the authority to bind that person to all the Terms of Use herein. In the event that the person refuses to be bound as the principal to the Terms of Use, You agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
5.7. If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the LLP.
6. PAYMENT RELATED INFORMATION
6.1. Payment of Fees: LLP does not levy any fees for browsing the Website.
6.2. Provision of payment information: You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third- party unless required in relation to fraud verifications or by law, regulation, or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. LLP expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card or pre-paid instrument account.
6.3. Tax: If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.
7. USE OF THE WEBSITE
7.1. Subject to your compliance with these Terms of Use, the LLP grants you a limited license to access and make personal use of this Website subject to the restrictions specified herein.
7.2. You agree, undertake, and confirm that Your use of the Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update, or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person.
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number), or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
(m) contains video, photographs, or images of another person (with a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ Users about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
(z) is false, inaccurate, or misleading;
(aa) creates liability for Us or causes Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
(ii) You will not download (other than for page caching) or modify any portion of the Website except with prior consent of the LLP;
(iii) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another 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 (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(iv) 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.
(v) You shall not probe, scan, or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. You will not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
(vi) You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms the LLP, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the LLP or otherwise tarnish or dilute any the LLP’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the LLP’s systems or networks, or any systems or networks connected to the LLP.
(vii) You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(viii) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You will not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(ix) You will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the LLP and/or others.
(x) Users liable for content posted by them: We reserve the right, but have no obligation, to monitor the materials posted on the Website. the LLP shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. Please be advised that such Content posted does not necessarily reflect the LLP’s views. In no event shall the LLP assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
(xi) Unauthorized use by other Users: It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All the brand names owned and licensed to the LLP are the exclusive property of the LLP, its affiliates, partners, or licensors, and are protected by laws of India, including laws governing all applicable forms of intellectual property. The LLP has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell, or re-distribute any Product manufactured and/or distributed by the LLP in whole or in part or any other form whatsoever. The LLP also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software, and other materials, that appear on the Website, including its looks and feel. No trademark is granted in connection with the Products, or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered, are the intellectual property of the LLP.
9. THIRD PARTY CONTENT
9.1. In addition to making the Products available, the Website also offers information and marketing materials. The LLP does not always create such information and the content published on the Website; instead, the information and content are often gathered from other sources. The LLP does not endorse any such information or content and the LLP expressly disclaims any and all liability in connection with the same. The LLP is not responsible or liable for the information or the content or any damage or loss that may result from Your access to or reliance on such information or content. To the extent that the LLP does create the content on this Website, such content is protected by the intellectual property laws of India. Any 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 and non-commercial use.
9.2. We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement, You can write to us at riddhamn@vcb-vibe.com
9.3. Any links to third-party websites are provided solely as a convenience to You. The LLP does not endorse, affiliate, sponsor, or recommend any such third-party websites. The LLP is not responsible or liable for the content of or any damage or loss that may result from Your access to or reliance on these third-party websites. You should always read the terms and conditions and privacy policy of a third-party website before using it. If You access or use such third-party websites, You do so at Your own risk.
10. REVIEWS, COMMENTS ETC. OF USERS
10.1. Users may post reviews and comments, provide feedback or other content, send communications, submit suggestions, ideas, comments, questions, or other information (“Posts”) so long as such Posts do not violate any provisions of these Terms of Use.
10.2. You hereby agree to grant the LLP a non-exclusive, royalty-free, irrevocable, perpetual, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute or display any Posts made by you on the Website. Further, you hereby agree to permit the LLP to use the name that you use to submit your Posts in connection with such Posts at the discretion of the LLP.
10.3. You may not copy, reproduce, transmit, distribute, or create derivative works of the content or information on the Website without express written authorization from the LLP or the applicable third party (if third-party content is at issue)
10.4. You hereby represent and warrant that you own or otherwise control all intellectual property rights
11. CUSTOMER SOLICITATION
11.1. By accessing the Website or placing an order or sending any information, you are communicating with the LLP electronically and you agree to receive communications (including transactional, promotional, and/or commercial messages) from the LLP periodically and as and when required. We may communicate with you by e-mail, SMS or phone call or by posting notices on the Website.
At any point of time, you have the right to withdraw your consent by following the below-stated opt-out procedure.
11.2. Opt Out Procedure: We provide 3 easy ways to opt out of from future Customer Solicitations.
a. You may use the opt-out link found in any email solicitation that you may receive.
b. You may also choose to opt-out, via sending your email by addressing to: ______________
You may send a written removal request to _____________address____________________________________
PAYMENT METHOD
11.3. The Payments for the Products available on the Website may be made in the following ways:
a. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal, and reward points.
b. Cash on Delivery.
12. CHAT FACILITY
12.1. The chat facility has been provided to help you with any and all Website related queries. Any use of this service shall be subject to the following conditions:
a. The LLP may suspend the chat service at any time without notice.
b. The LLP or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
c. Communication through chat may be stored by the LLP for future reference, and the user of such service will not have the right to access such information at any future date.
d. While 'chatting', you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
e. The chat room shall not be used to sell any products, to give suggestion on business opportunities, or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
13. CANCELLATIONS, REFUNDS AND RETURNS
13.1. Please refer to our Cancellation, Refund, and Returns Policy provided on Our Website, incorporated by reference herein and as amended from time to time.
14. SHIPPING AND DELIVERY
14.1. Please refer to our Shipping and Delivery Policy provided on Our Website, incorporated by reference herein and as amended from time to time.
15. DISCLAIMER OF WARRANTIES
15.1. Your use of the Website and/or Products is at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The 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.
15.2. Without limiting the generality of the foregoing, the LLP makes no warranty:
a. that the information provided on this Website is accurate, reliable, complete, or timely;
b. that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
c. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
d. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
e. regarding any Products purchased or obtained through the Website.
15.3. The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
15.4. The LLP shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The LLP does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
16. LIMITATION OF LIABILITY
16.1. The LLP takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of these Terms of Use. The LLP will not be liable for any direct, indirect, incidental, special, or consequential damages or loss in connection with these Terms of Use or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the consideration paid by the User for purchasing the Products from the Website.
16.2. You agree that, to the fullest extent permitted by applicable law, neither the LLP nor our affiliates, partners, or licensors will be responsible nor liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the LLP. We make no representations or warranties that defects or errors will be corrected.
16.3. This disclaimer constitutes an essential part of these Terms of Use.
17. INDEMNIFICATION
17.1. You will release, indemnify, defend, and hold harmless the LLP, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms of Use or the breach of your warranties, representations, and obligations under these Terms of Use; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of these Terms of Use; or (f) any information or data you supplied to the LLP. When the LLP is threatened with suit or sued by a third party, the LLP may seek written assurances from you concerning your promise to indemnify the LLP; your failure to provide such assurances may be considered by the LLP to be a material breach of these Terms of Use. The LLP will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the LLP's choice at its expense. The LLP will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the LLP against any claim, but you must receive the LLP's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms of Use or your use of the Website or the Products.
18. PRIVACY
18.1. The LLP believes strongly in protecting user privacy and providing You with notice of the LLP’s use of data. Please refer to the LLP privacy policy, incorporated by reference herein, that is uploaded on the Website.
19. GENERAL
19.1. Force Majeure: The 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, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further, if a Force Majeure event takes place that affects the performance of our obligations under these Terms of Use our obligations under these Terms of Use shall be suspended for the duration of the Force Majeure event..
19.2. Cessation of Operation: The 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.
19.3. Entire Agreement: These Terms of Use comprise the entire agreement between you and the LLP and supersede any prior agreements pertaining to the subject matter contained herein.
19.4. Effect of Waiver: The failure of the LLP to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 such provision, and the other provisions of these Terms of Use remain in full force and effect.
19.5. Governing Law and Jurisdiction: These Terms of Use shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Delhi without regard to its conflict of law principles to the contrary. Neither you nor the LLP will commence or prosecute any suit, proceeding, or claim to enforce the provisions of these Terms of Use, to recover damages for breach of or default of these Terms of Use, or otherwise arising under or by reason of these Terms of Use , other than in courts located in State of Delhi. 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 these Terms of Use .
19.6. Waiver of Class Action Rights: By accepting these Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with these Terms of Use must be asserted individually.
19.7. Termination: The 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 of these Terms of Use. Following termination, you will not be permitted to use the Website and the 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, the LLP reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. These Terms of Use will survive indefinitely, unless and until the LLP chooses, in its sole discretion and without advance notice to You, to terminate it.
19.8. Domestic Use: The LLP makes no representation that the Website or Products are appropriate or available for use in locations outside India. The 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.
19.9. Assignment. You may not assign your rights and obligations under these Terms of Use to anyone. The LLP may assign its rights and obligations under these Terms of Use in its sole discretion and without advance notice to you. By using this Website or ordering Products from this Website, you agree to be bound by these Terms of Use.
19.10. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
19.11. Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website.
Customer Service Desk:
Email: ____nepra81@yahoo.co.in_________________
Phone Number: _______9899216304____________
Contact Days: Monday-Friday (From 9:00 AM to 6:00 PM)
19.12. Grievance officer: The name and contact details of the Grievance Officer to handle any complaints in relation to the sale of Products or use of this Website are provided below:
Name: _____Neha Prabhakar_____________
Address: ___C-62, The Crest, Park Drive, Gurgaon 122011_______________________
Email: ___thebeautifullight@gmail.com___________________
Time: Monday-Friday (From 9:00 AM to 6:00 PM)