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Terms of Use

Terms of Use

INTRODUCTION:

These Terms of Use (hereinafter referred to as “Terms”) published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.earthyharvest.com

The domain name www.earthyharvest.com (hereinafter referred to as “Website“) and any other Tender Leaf websites, other online locations and mobile applications (collectively, the “Sites“) are owned by TENDER LEAF INDIA PRIVATE LIMITED,  a firm with its registered office at Unit-507, Saphire Mall, Sector-49, Gurgaon , Haryana- 122018 (hereinafter referred to as “Tender leaf India, “, “we“, “us“, or “our”)

“You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing data while registering on the Website as a Registered User.

The use of the Website including its Services is offered to You conditioned on acceptance of all the terms, conditions and privacy policy contained in these Terms, along with any amendments made by Tender Leaf India at its sole discretion and posted on the Website. Such amendments will be effective upon our posting of the new Terms on the Site. You agree to review the Terms periodically so that You are aware of any modifications. Your continued use of the Website after any modifications indicates Your acceptance of the amended Terms.

SERVICES OFFERED:

Earthy Harvest provides a number of Internet-based Services through the Website (hereinafter referred to as “Services”). The Service enables Users to purchase merchandise including but not limited to food items, health supplements, oils, honey, and herbal teas along with several natural and organic products (hereinafter collectively referred to as, “Products”) from stellar brands across the world and home.

REPRESENTATION:

We make every effort to display the exact appearance of our products that appear on the site as accurately as possible. However, as the actual colours You see will depend on Your monitor, we cannot guarantee that Your monitor’s display of colour will be accurate. Please note that the pictures are representative of the actual products, and might not be exactly the same as shown on the Website in some cases.

Earthy Harvest does not warrant that Product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

It is the prime objective of Earthy Harvest to provide Users with the best prices possible on products and services. However, Earthy Harvest does not guarantee that the price will be the lowest in the city, region or geography or at par with any other Websites. Prices and availability are subject to change at Earthy Harvest’s sole discreation without notice or any consequential liability to the User.

AGE RESTRICTIONS

In order to use the Website and avail its Services, You must be 13 years of age or older. If You are 13 years of age or older but less than 18 years old, You must request permission from Your parent or guardian before accepting these Terms or using the Products. If You are registering on behalf of Your minor child, You agree to accept responsibility for Your child’s use of the Products.

USER CODE OF CONDUCT:

  • User is hereby authorised to use the Website solely for lawful purposes, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
  • User shall use the Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  • The User undertakes to use the Website and the Services only for posting and uploading messages, blogs, reviews and materials that are proper and lawful. The User further agrees and undertakes that by using the Service they will not abuse, defame, harass, stalk, threaten or otherwise violate the rights of others Users.
  • The User also agrees not to publish, post, upload, distribute or disseminate any inappropriate, indecent, defamatory, unlawful, infringing topic, name, material or information. Further the User agrees to refrain from uploading of files that contain virus corrupted files or similar software or programs that may damage the operation of the Site or the devices of any other Users.

No User shall use Earthy Harvest to:

  • Engage in or facilitate any illegal activity;
  • Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files;
  • Upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  • Use any false e-mail address, impersonates any person or entity, or otherwise misleads Earthy Harvest by sharing multiple address and phone numbers or transacting with malafide intentions;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Interfere with or disrupt networks, systems, and/or computers used to provide the Services. You agree to comply with all regulations, policies, and procedures of such networks and systems;
  • Advertise or offer to sell any goods or services unless You have Earthy Harvest’s written consent to do so;
  • Restrict or inhibit any other user from using the Website peacefully;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Intentionally submitting on the Website any incomplete, false or inaccurate information;
  • Violate any applicable laws or regulations for the time being in force in or outside India;
  • `Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website
  • Collect or store personal information about other end users;
  • Copy or duplicate in any manner any of the content on the Website or other information available from the Website;
  • 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.
  • Impersonate any person or entity, including, but not limited to, an Earthy Harvest representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
  • Transmit or send unsolicited commercial communications to anyone.
  • For any purposes related to marketing without Earthy Harvest’s express written consent.

A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

  • User fails to produce adequate documents during the payment details verification
  • Misuse of another User’s phone/email
  • User uses invalid address, email and phone no.
  • Use of a special voucher not tagged to the email ID used.
  • Overuse of a voucher code
  • User returns the wrong product
  • User refuses to pay for an order
  • User is involved in the snatch and run of any order
  • Repeated request for monetary compensation for fake/used order
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Earthy Harvest

USER CONTENT

In these terms and conditions, User Content shall mean material including without limitation text, images, audio material, video material and audio-visual material (hereinafter referred to as “User Content”) that You submit to the Website, for whatever purpose.

You grant to Earthy Harvest a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your User Content in any existing or future media. You also grant to Earthy Harvest the right to sub-license these rights, and the right to bring an action for infringement of these rights.

The User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against You, Earthy Harvest or a third party (in each case under any applicable law in India or abroad).

NON-COMPENSATORY POLICY

 If the quality of Products, Services, information or other material purchased or obtained by the User through the Site does not fulfil the expectations of the User, no compensation other than the return and refund or exchange of the product shall be extended to the User. The User cannot claim compensation for any reason  including but not  limited to any variation in the finish for appearance of the shipment or delay in delivery due to any unforeseen circumstances,  indirect consequential damage of any kind, missed out discounts, issues arising out of or logistics partners or their personnel unavailability of items etc. Any unreasonable request for compensation over and above the refund amount shall be treated as a loss of business case and shall not be entertained in any case whatsoever. Earthy Harvest holds the right to cancel orders and block accounts of such customers without any prior notice.

DISCLAIMER OF WARRANTIES AND LIABILITY:

Earthy Harvest does not warrant or covenant that the Products will be available at any time or from any particular location, will be secure or error-free, or that the Website is free of viruses or other potentially harmful components. Earthy Harvest may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Website from time to time without notice.

Earthy Harvest is not responsible for any problems or technical malfunctions outside of Earthy harvest’s reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances will Earthy Harvest be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Products.

The Earthy Harvest Products are provided  on “as is” and “as available” basis and Earthy Harvest disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. Earthy Harvest cannot guarantee and does not promise any specific results from use of the Earthy Harvest Products. Your use of the Products is at Your own risk.

CANCELLATION OF BULK/FRAUDULENT ORDERS:

  • Earthy Harvest reserves the right to cancel any order that classifies as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Earthy Harvest:
  • Products ordered are not for self-consumption but for commercial resale
  • Multiple orders placed for same product at the same address, depending on the product category.
  • Bulk quantity of the same product ordered
  • Invalid address given in order details
  • Any malpractice used to place the order
  • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
  • Any order paced using a technological glitch/loophole.

PAYMENT:

Acceptable Modes of Payment:

  • Credit/Debit Card
  • Net Banking
  • PhonePe/ Google Pay/ BHIM UPI
  • Wallets-Paytm, Amazon Pay, PayPal etc.
  • COD-Cash on Delivery

If Your account has been debited after the payment failure, the deducted amount is normally credited back by the bank within 7 days. The time taken can vary from bank to bank and we unfortunately cannot expedite the process. It is advisable to check with the bank in this regard.

By placing an order on the Site, You represent that You have the authority to both place and direct payment for the order. If You are paying for Your order via credit/debit card, You represent that You are an authorized user of the credit/debit card and authorize Earthy Harvest to charge the credit/debit card You provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with Your credit card company, so long as the transaction corresponds to the terms provided to You at the time You placed Your order.

You understand and agree that You are responsible for any fees from banks, collection agencies and other financial intermediaries incurred by Earthy Harvest on Your behalf as part of Your use of the Site or the Services, and that You will pay such amounts to the Website in addition to any other fees and charges due.

CANCELLATION REQUEST

In case we receive a cancellation e-mail and till that time the order has already been “processed” by us, the order cannot be cancelled. Earthy Harvest has complete right to decide whether an order should be cancelled or not. Also, the customer agrees not to dispute the decision made by Earthy Harvest and accept Earthy Harvest’s decision regarding the cancellation.

REPLACEMENT / RETURN POLICY BY EARTHY HARVEST

Replacement/Return shall be initiated in 7 days except under the following cases:

  • Products perishable in nature
  • Gift Certificates
  • Items that have been used or opened
  • An item not returned in the condition it was received.
  • An item not in a condition to be re-sold.
  • Any item received by us in a damaged condition.
  • Items sourced or delivered outside India.

We take stringent measures to ensure that the items delivered to You are in perfect condition. However, there is a remote possibility that:

  • The item may be damaged during transit
  • There might be a manufacturing defect
  • Or the wrong item is delivered to You

In only such cases as given above, we will replace the item at no extra cost, provided that the request for replacement/return of the item is made within the stipulated time-frame as given below. No returns or replacements will be allowed after the order is processed, except for the reasons given above.

To get a replacement, email us Your Order Number and the reason for returning. Only after receiving our confirmation for the return, You are requested to send the item back to us. We will then arrange for the replacement of the item through our logistics partner. We shall not be responsible for any items sent to us for return/replacement without our confirmation.

OUR RETURN POLICY

  • Replacement request must be made within 3 days of purchase and must not be part of above list
  • There are no extra shipping charges for the delivery of replacement items for the reasons mentioned above.
  • In the case of a replacement, our logistics partners will attempt delivery of the items not more than three times. In case the delivery is not executed during all the three attempts, due to the recipient not available / premises locked, etc., the customer shall still be charged for the order.
  • In the case of perishable items neither Earthy Harvest nor our enabling partners will be able to accept any returns or replacement of such items.

ITEMS DAMAGED IN SHIPPING

Products received in damaged state can be returned, if informed within 24 hours of receipt of the products. Kindly note that we would require an image of the product to approve returns, to ensure that we track the reason for damage – if it is a courier issue or a packaging issue. Food items once opened, shall not be taken back.

REFUND POLICY BY EARTHY HARVEST

Refunds would be made via the same mode as received and would be made within 7 days to Your account. Please note that refunds are initiated from our side within 48 hours of confirmation of refund to You about which You shall be intimated via email. However, if our payments are routed via our third-party partners, it would generally take 3-7 days to reflect the amount to Your account.

INTERNATIONAL USE

Earthy Harvest makes no representations that the Products are appropriate or legally available for use in locations outside India. If You are accessing the Products from outside the Indian Territory, You are solely responsible for complying with all local laws.

THIRD-PARTY LINKS

In an attempt to provide increased value to our Users, Earthy Harvest may link to sites operated by third parties. However, even if the third party is affiliated with Earthy Harvest, Earthy Harvest has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Earthy Harvest. These linked sites are only for Your convenience and therefore You access them at Your own risk.

FEEDBACK

Earthy Harvest has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the Earthy Harvest Services and/or its processes and underlying software (“Feedback”), provided by You to us, whether solicited or unsolicited.

TRADEMARK, COPYRIGHT AND RESTRICTION

Earthy Harvest is controlled and operated by Tender Leaf India. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for Your personal and non-commercial use only. The Contents are protected by copyrights, trademarks, and other intellectual property laws.  Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly. The Earthy Harvest names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Earthy Harvest or licensed to Tender Leaf India. Without the prior written consent of the owner, modification of the materials, use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited by law. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of our various Service. However, we reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for all reasonable business purposes.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tender Leaf India from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Tender Leaf India that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms.

TERMINATION

  • Earthy Harvest may suspend or terminate Your use of the Website or any Service at its sole and absolute discretion.
  • Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Earthy Harvest chooses to terminate them.
  • If You or Earthy Harvest terminates Your use of the Website, Earthy Harvest may delete any content or other materials relating to Your use of the Website and Earthy Harvest shall have no liability to You or any third party for doing the same.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between You and Earthy Harvest relating to this subject matter and supersede any and all prior communications and/or agreements between You and Earthy Harvest relating to this subject matter.

GREIVANCE REDRESSAL

If You have any grievance, comment, question or suggestion regarding any of our Product/Services, please feel free to contact us at info@earthyharvest.com.

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