Terms of Use | Svasti

These terms of use (“Terms of Use”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) can access and/or register on the application Aashirvaad Svasti mobile ecommerce platform (owned by M/s Orange Tree Technologies Private Limited) operated and managed by SWASTIK PLAST INDUSTRIES (“SPI” or “Us” or “Our” or “We”), collectively referred to as, “the Platform”. The Platform acts as a mere facilitator between the seller(s) registered on the Platform (“Seller”) and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of ITC Limited (“ITC”) available for sale on the Platform (“Products”).

By accessing the Platform, registering on the Platform, taking any action on the Platform and /or using our services offered on the Platform, You accept this Terms of Use and the privacy policy available on https://milkmanapps.wixsite.com/svasti/privacy-policy (“Privacy Policy”) and agree to be legally bound by the same. These Terms of Use apply to all Users of the Platform, including Users who are browsers, Sellers, customers, merchants and / or contributors of content. You acknowledge that the Terms of Use and the Privacy Policy constitute an agreement between You and SPI. Please read the Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any material or information through the Platform.

SPI retains an unconditional right to modify or amend the Terms of Use without any requirement to notify You of the same. Any new tools, features or offers which are added to the Platform shall also be subject to the Terms of Use. It shall be Your responsibility to check the Terms of Use periodically for changes. Your acceptance of the Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

Eligibility to Use Services

The Platform is not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by SPI for any reason whatsoever. A minor may use/access the Platform under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however, prohibited (even under provision) from purchasing any Product(s) which is for adult consumption, the sale of which to minors is prohibited. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services from the Platform under the applicable laws.

SPI reserves the right to refuse access to the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

Description of Service and Acceptance of Terms of Use

SPI inter alia provides the ecommerce mobile application platform for its Users to inter alia purchase Aashirvaad Svasti dairy products (“the Platform”) using any other features, tools, materials, or other services offered from time to time by SPI in connection with its business, provided on the Platform (“Content”) and includes posting of images by SPI on the Platform (all such features of the platform collectively referred to as “Services”). The Products can be purchased through the Platform through various methods of payments offered. The use of the Platform and sale/purchase of Products shall be governed by the terms mentioned in these Terms of Use. No part of the Platform, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained herein shall grant or be deemed to be granted, whether directly or by implication, You any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases of products on this site does not transfer any of the intellectual property related to the products, their design or concepts to You.

Contract

You agree that by placing an order with SPI, You are the purchaser of the Product(s). SPI sells the Products and collects the payment from You. ITC has entered into agreement with SPI to sell the Products under the brand name of ‘Aashirvaad Svasti’; a trademark and brand owned by ITC.

You agree and understand that your order is an offer to SPI to buy the product(s) in your order. When your order number is generated after making payment through the payment gateway, You will receive an e-mail or SMS confirming receipt of your order and containing the details of your order (the "Order Confirmation"), this is acceptance of the offer made by You to purchase the Products. It is here that agreement to sell is complete.

You authorize SPI to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the Products ordered by You on the Platform.

Please note that the availability of, and Your ability to access, the Content or some part of Services, is subject to SPI’s sole discretion and You hereby agree and acknowledge that You are accessing this Platform and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Platform and the Services complies with all applicable laws in India including the local laws in Your jurisdiction. Further, such Services and Content may be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc.

The Service can be availed through platforms, software and devices, which SPI approves from time to time, the current list for which is as set out below (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.

The Platform works best when accessed from a Desktop browser, and with the following browser when regularly updated:

Google Chrome for Windows and Mac

Use of the Services is subject to compliance with these Terms of Use.

Your access to and use of the Services is subject to these Terms of Use, the Privacy Policy and all applicable laws, rules, and regulations.

Participation in any contest and or game on the Platform conducted by SPI or ITC or using of certain Content may be subject to further terms and conditions as may be notified by SPI or ITC from time to time on the Platform.

Electronic Communications

When You use/avail the Services or send any data, information or communication to SPI, You agree and understand that You are communicating with SPI. SPI will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with SPI which will be deemed adequate service of notice / electronic record.

You acknowledge specifically to giving consent to SPI contacting You using the contact information You have provided to Us at any time during your association with Us for any purpose including the following purposes:

To communicate details of the placed order – order confirmation or failure, order shipment details and/or order delivery details.
To obtain feedback regarding the Service; To contact You for offering new products or services, whether offered by us, or our respective affiliates or partners.

You acknowledge and agree that You may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.

In the event You have indicated any ‘do not disturb’ preferences to your telecom service provider and registered yourself on the national customer preference register / ‘do not disturb’ or similar list, it is requested that You ensure that your registered preferences allow for communications to be sent to You in accordance with the above provisions.

The Content contained in the Services including but not limited to on the Platform is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided herein.

Access and Use of the Services

SPI grants You a non-exclusive, limited, revocable, permission to use the Services on the Platform for personal, non-commercial purposes during the subsistence of your account with SPI for the territory of India.

You agree not to engage in activities that may adversely affect the use of the Platform by SPI/other Users.

We reserve the right, but are not obligated, to limit the sales of the Products and/or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise this right on a case-by-case basis.

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by SPI. You shall not use any deep-link, robot, spider 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 Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. SPI disclaims all liabilities arising in relation to such offensive content on the Platform.

By agreeing to use/avail the Services:

You confirm and warrant that all the data and information supplied by You when You register and provided by You to SPI (“Registration Data”) is true, current, complete and accurate in all respects. The Platform permits and requires You to create an account to access the Platform and the Services offered in the Platform, to access history of your previous transactions, additional content, or to secure additional benefits. You agree to promptly update your Registration Data, so that your information remains true, current, complete, and accurate at all times. You acknowledge and agree that your Registration Data and any other personal data collected by SPI is subject to the Privacy Policy. For more information, see the full Privacy Policy on https://milkmanapps.wixsite.com/svasti/privacy-policy. You agree to only use your own account to access the Platform and any Services offered. You shall not under any circumstances use the account, username, or password of someone else at the time of accessing the Platform.

You acknowledge, consent and agree that SPI may access, preserve, transfer and disclose your account information and/or User Material (see below) subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the terms and conditions; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of SPI, affiliates, their Users and the public. You agree that SPI has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. SPI may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. SPI will restore access to the Services as soon as reasonably practicable after temporary suspension. You agree that SPI shall be under no liability whatsoever to You in the event of non-availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of SPI.

You acknowledge and agree not to either directly or through the use of any device, software, app, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under the applicable law. You agree not to either directly or through the use of any device, software, internet app, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content.

All logos, brands and marks appearing on the Platform, except as otherwise noted, are properties owned by ITC Limited. The use of these properties or any other content on this application, except as provided in these Terms of Use or in the Platform content, is strictly prohibited.

This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away. You agree that SPI and/or ITC retains all rights to the Services and the Content throughout the territory of India. You further agree that the Content You access and use as part of the Services is owned or controlled by SPI and ITC. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws. Except as provided in these Terms of Use (or otherwise expressly provided by ITC or SPI), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services.

You shall adhere to the legal rights and intellectual property rights of ITC, and any third parties when using the Platform or its Services. You shall be solely responsible for violations of any relevant laws or infringement of intellectual property rights caused by any Content You provide or transmit, or that is provided or transmitted using Your User account. The burden of proving that any Content does not violate any laws or third party rights rests solely with You. You shall not submit, post, upload, transmit, display, communicate, or otherwise distribute User Material in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights.

You further agree not to use the Services to Post, upload or otherwise transmit or link User Material that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; hurts the religious sentiments of others; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory; violates any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right; or

Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity
Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Platform, the Platform for accessing the Content, or the Services;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including ITC or SPI’s servers, networks or accounts;
Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
Delete or revise any information provided by or pertaining to any other user of the Services.
Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from SPI’s servers, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Platform;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If You do so, You acknowledge You will have caused substantial harm to ITC and SPI, but that the amount of harm would be extremely difficult to measure in which case, ITC and SPI retains the right to take appropriate legal recourse;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without SPI’s prior written consent;
Use technology or other means to access, index, frame, or link to the Platform (including the Content) that is not authorized by SPI;
Access the Platform /Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Platform and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
Use the Services to advertise or promote competing services and products;
Use the Services in a manner inconsistent with any and all applicable law;
Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

You are responsible for the security and proper use of your phone number and OTP that You enter while registering on the Platform and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You agree that your use of the Services and the Content may give You the opportunity to use, publish, transmit, submit posts and/or comment in accordance with these Terms of Use. You agree that You will not misuse the Content and/or User Material. You will not access as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of ITC’s copyright, trademark design, patent, and other intellectual property including any rights of ITC subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and use as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including images etc., by using any means including software, spyware, etc., for any purpose whatsoever. You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including, of the Platform on any other Platform, webpage or software, whatsoever which is not owned by ITC. You agree that the Content provided on the Platform is strictly for your private using only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Platform to any other person(s), or in any manner communicate such Content to the public.

You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other Platform, webpage or software, which may violate/cause damages or injuries to any rights of SPI or ITC or its affiliates or any third-party including privacy rights, publicity rights, and intellectual property rights.

SPI reserves the right to immediately suspend or terminate the user account or use of the services of the User who is found to have infringed, or alleged to have infringed, on the rights of ITC or of a third party, or otherwise violated any intellectual property laws or regulations. You may please contact us if You have a good faith belief that your rights or the rights of a third party have been violated and You want SPI to delete, edit, or disable the User Material in question. You may be asked for providing additional information or proof of violation / infringement.

intellectual property of ITC.

Termination of Service

SPI and/or ITC reserves the right to immediately terminate, suspend, limit, or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if SPI and/or ITC so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms of Use, the privacy policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that SPI can, at its sole discretion, exercise its right in relation to any or all of the above, and that SPI and/or ITC, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

Deactivation of Your Account

You may request deactivation of your account by raising a ticket on the ‘Help & Support’ section on the app. Account Security

You are solely responsible for the confidentiality of any password and other account information that You create in order to access or use the Platform. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that SPI is not liable in any manner for any loss that You may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by SPI, its officers, directors, employees, consultants, agents, and representatives due to misuse of your account or password.

When You establish an account at the Platform, You choose a password to help protect your account information. A password is only as strong as You make it: You should select a unique password and keep it safe. You may change the password as often as You wish by going to “My Account” and selecting "Account Update." SPI authorizes only those persons who need to know personal information to administer your account, to provide or inform You about products and services, or to maintain, improve or administer the Platform to access your personal information.

Payment

You acknowledge and agree that by placing an order on the Platform You are entering into a purchase/sale transaction solely with SPI. This applies to all cases where the payment is made by all modes i.e. all credit card, bank card, debit card, bank transfer and other payments are to be made to SPI. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format.

To place an order, You will need to complete the transaction on the Platform. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the Platform. You are agreeing to these Terms of Use and Privacy Policy published in the appropriate section of the Platform.

After You have made your selection and added products to your shopping cart, You will need to proceed to the checkout section. In this section You will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed your order will be processed on receipt of the funds from the bank or credit card company. Thereafter your products will be delivered as per delivery schedule..

You also agree and acknowledge that the Platform only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider.

You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that SPI shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

Payment Options

The following modes of payments are available

Visa Debit cards
UPI
Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases

As prescribed by the financial institutions issuing the debit cards affiliated with Visa and Mastercard You will be required to submit your 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when You make your online transaction using your Debit card.

Product Pricing

All prices on this Platform are in Indian Rupees. You agree and acknowledge that You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and You agree to bear any and all applicable taxes/goods and services tax, cesses etc. levied thereon. However, SPI shall be responsible to making payment of applicable taxes to the tax authorities. Prices are inclusive of all applicable taxes and exclusive of shipment charges. The final amount that You will pay in your shopping cart will always reflect the most recent price inclusive of all taxes and shipment charges.

You agree and acknowledge that SPI have no jurisdiction on any disputes or, queries, arising out of the payment transaction with respect to failure of transaction or other credit card, debit card or payment frauds etc are not the responsibility of SPI. You understand that all disputes with respect to applicable bank charges, failure of transaction, credit card or debit card payment frauds etc. need to be directed to the concerned bank or institution that issued your card or payment instrument.

Security

Transactions on the Platform are protected by secure sockets layer (SSL) coding SSL) and secure data encryption using a 1024-bit process. Any information You enter when transacting with the Platform is sent in a Secure Socket Layer (SSL) session and is encrypted to protect You against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by SPI and is not taken by SPI. This information is taken directly by the payment gateway provider who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

Delivery of products

You agree and acknowledge that You have read the return, refunds and cancellation policy available on https://milkmanapps.wixsite.com/svasti/return-policy (“the Return Policy”). In case of any contradiction between this Terms of Use and the Return Policy, the terms in the Refund Policy will prevail.

You agree and acknowledge that order deliveries will be made by third party logistics agency or through the Seller nominated personnel and title and risk in the Products ordered by You will pass to You on the delivery to the third-party agency as per delivery instruction / preference given by You at the time of order placement. You agree and acknowledge that once the Product is delivered to You the risk in the Product transfers to You and SPI shall not be responsible for any defect, damage, loss, destruction occurring to the Products after the delivery of the Products is complete.

You acknowledge and agree that SPI is not responsible for any delay in delivery of Products. You acknowledge and agree that SPI has no responsibility for Products signed by an alternative person other than the person ordering the product at the address indicated at the time of the order.

Since the transactions are authorised by You, SPI does not take responsibility for incorrect addresses provided at the time of placing the order. You acknowledge and agree that SPI are not responsible for any damage caused to the product after delivery.

Delivery to the address provided by You, will take place through third party service provider. You acknowledge and agree that the timeline suggested on the order page page is just suggestive and SPI shall not be held liable if the delivery doesn’t take place within this timeline.

You acknowledge and agree that the third-party service provider shall try to deliver the product once at the suggested address. Products once delivered are not returnable or exchangeable due to the nature of products

As soon as the customer receives the Product, the customer should store it under the storage conditions mentioned on the back of the pack. No replacement or refunds will be done for any quality loss or damages if the Product is not stored in the storage conditions mentioned at the back of the pack.

Delivery Charges

You agree and acknowledge that the shipping and handling charges are included in the price charged to You at the time of checkout while making payments.

You agree and acknowledge that the MRP of the product are not inclusive of shipment charges. The final amount that You will pay in your Shopping Cart will always reflect the most recent price inclusive of all taxes and shipment charges.

You agree and acknowledge that no cancellations are acceptable after the order has been placed. You agree that once the products are delivered to You, there is no refund or exchange possible.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

The Platform, Products and other Content are provided by SPI are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SPI makes no warranty that, (a) the Platform or Products will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (c) the quality of the Platform and the Products sold therein will meet Your expectations; or (d) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from SPI shall create any warranty not expressly stated in the Terms of Use.
SPI has made every effort to display as accurately as possible the available Products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on Your mobile/computer screen.
SPI will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. SPI also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.
SPI will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.

SPI has endeavoured to ensure that all the information on the Platform is correct, but SPI neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Products or otherwise. SPI shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, SPI shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond SPI’s control.