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 WEBSITE.
Please read these Terms and Conditions (“T&C”, “Terms”) carefully before using www.saukhyampads.org or mobile version of the website or mobile application (the together “Website”) owned and operated by Ayurarogya Saukhyam Foundation also known as Saukhyam Reusable Pads (“Company”, “saukhyam”, "us", "we", or "our"). For the purpose of the T&C and the Privacy Policy, Return and Refund Policy (together “Policies”) available on the website and other terms and conditions as available across the website, wherever the context so requires “you”, “your”, “yourself” “ customer” and/or “user” shall mean any natural or legal persons who browses the website ( whether registered with the website or not) or any persons who orders the product. By accessing, browsing or using the website, you agree to be bound by all of the T&C mentioned hereunder. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the website. If you would like to print this T&C, please press ctrl + p.
The website is intended to be accessed and used only by persons who can enter into legally binding contracts under the Indian Contract Act, 1872. By using this website you represent and warrant that you are at least 18 years of age and/or competent to contract as understood under the Indian Contract Act, 1872. In the case of children under the age of 18, they can conduct transactions on the website only through their legal guardian or parents. As a representative of a private firm or partnership firm or sole proprietorship, a person is eligible to access and use the website to conduct financial transactions only if the person is duly authorized by relevant corporate entities.
The Company may, without prior notice, amend or revise the T&C as deemed necessary. The revised T&C will be uploaded to the Website and the date specified hereinabove will be updated accordingly. Any change or amendment will take effect immediately from the date of such upload of the T&C and Policies on the website. In the event that a person continues to access the website after following the implementation of changes, it implies that the person accepts the changes and shall be bound by the amended T&C. The T&C applicable to your order will be the one published in the website at the moment of your access or use or order submission. We recommend reviewing the T&C each time before accessing or accessing or placing an order.
This T&C does not supersede any terms or conditions stipulated in any other existing agreements you may have with Saukhyam for different products or services.
Terms of Offer
The Website presents certain products ('Products') for sale. You are consenting to the T&C outlined herein by placing an order for these Products through the Website. These Products, along with any samples provided, are intended solely for personal use. Any resale of these Products or samples received from us is prohibited, unless expressly authorized otherwise.
We retain the right, with or without prior notice, to cancel or decrease the quantity of Products intended for delivery, if, at our sole discretion, we suspect a potential violation of our terms and conditions. The Company holds the authority to modify, suspend, or discontinue any Products at any time without notice or assuming any liability. Please note that the price associated with the Products or services offered may change without prior notice or liability.
While we strive for accuracy in describing our Products on the Website, we do not guarantee that the Product descriptions, colors, information, or other content available on the Website are entirely accurate, complete, reliable, current, or free from errors. We acknowledge that the Website might contain typographical errors, inaccuracies, or may not be fully updated. Such discrepancies could pertain to Product pricing and availability or services offered.
Customer Solicitation
When you access our Website, place an order, or provide information, you are electronically communicating with our Company, thereby consenting to receive periodic communications (including transactional, promotional, and/or commercial messages) from us. These communications may be sent via email, SMS, phone calls, posted notices on our Website, or through other communication methods.
You retain the right to withdraw your consent at any time by following the opt-out procedure outlined below.
Opt Out Procedure: We provide 3 easy ways to opt out from future Customer Solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email to info@saukhyampads.org
- You may send a written removal request to the contact information given below.
Proprietary Rights
The Products developed and distributed by the Company contain proprietary rights, including trade secrets. Any form of copying, reproducing, modifying, duplicating, republishing, reselling, or redistributing of the Products, whether in whole or in part, in any format, is strictly prohibited. Additionally, the Company holds exclusive rights to all trademarks, trade dress, and the specific layout of this webpage. This includes but is not limited to calls to action, text arrangements, images, technology, content, software, and other materials present on the Website, encompassing its overall appearance and presentation.
No authorization or rights are granted to utilize any trademarks associated with the Products or the materials featured on the Website. All trademarks showcased on the Website, whether registered or unregistered, remain the sole intellectual property of the Company.
Tax
You will be responsible for payment of any applicable taxes in relation to your purchase of any product.
Intellectual Property
Aside from offering Products, the Website serves as a platform for providing informational and marketing materials. This information, directly or indirectly linked to third-party websites, encompasses research and beneficial insights. It's important to note that much of the content available on the Website is sourced from various origins and may not be created by the Company. Consequently, the Company does not endorse or take responsibility for this information or content, explicitly disclaiming any liabilities associated with it. Users accessing or relying upon such information do so at their own risk, and the Company cannot be held accountable for any resulting damage or loss.
When the Company generates content on the Website, it is protected by India's intellectual property laws. Unauthorized use of this material could lead to violations of copyright, trademark, or other legal statutes. Users are expected to utilize the content on this Website solely for personal, non-commercial purposes.
We uphold a commitment to respecting the intellectual property of others. If you believe that your work has been replicated in a manner constituting copyright infringement, please reach out to us at info@saukhyampads.org.
Links to Third Party Websites
The inclusion of links to third-party websites is intended purely for your convenience. Please note that the Company neither endorses, affiliates with, sponsors, nor recommends any of these third-party websites. Consequently, the Company cannot be held accountable for the content of these external sites or for any potential damage or loss resulting from your reliance on or access to them. Prior to using any third-party website, we strongly advise that you thoroughly review its terms and conditions along with its privacy policy. Accessing or using these third-party websites is at your own discretion and risk.
Terms of Use
Your access to the Website is permitted only for lawful purposes. You are personally responsible for understanding and complying with all laws, rules, and regulations relevant to your use of the Website.
The Company bears no responsibility for any damages resulting from the use of the Website by any individual. By accessing, browsing or using this website, you agree to (a) comply with all applicable local, state, national, and international laws and regulations, including those regarding intellectual property, (b) refrain from disrupting or interfering with other users' ability to enjoy and use the Website, (c) refrain from the resale of material from the Website without consent from the Company, (d) abstain from engaging in the transmission of unsolicited communication such as “spam,” chain letters, or junk mail, (e) avoid defaming, harassing, abusing, or disrupting other users of the Website, (f) refrain from any action or attempt that is significantly harmful, harassing, defamatory, obscene, or racially objectionable, or encourages unlawful activities such as money laundering, gambling, trolling, or any other unlawful behavior.
If you access, browse, or use the Website on behalf of someone else, you assert that you possess the authority to obligate that individual to all the T&C stated herein. Should the individual decline to be bound by these terms, you agree to assume responsibility for any damages resulting from improper use of the Website during such access or use, regardless of nature.
We retain the authority to block any user and permanently deactivate their account if, at our sole discretion, we determine that the actions of the user have violated our fair usage policy or T&C.
Limited License
When you use this Website, you are granted a limited, non-transferable right to access and use its content and materials for your personal, non-commercial purposes only. However, copying, reproducing, transmitting, distributing, or creating derivative works from this content or information is strictly prohibited without explicit written consent from either the Company or the relevant third party (if third-party content is involved).
User Generated Content
By submitting, storing, or sending any content via the Website, you agree and acknowledge the Company’s non-exclusive, perpetual, global royalty-free, transferable right and license to utilize, replicate, display, modify, distribute, have distributed, and assign such content in any form or medium, both existing now and in the future, across all geographical regions, in accordance with the Company’s privacy policy.
The Company lacks control over the nature of user-generated content on the Website. Your interactions with other users and the content you post are your sole responsibility. The Company bears no responsibility for any harm or damage resulting from user interactions or posts.
The Company retains the right, without obligation, to oversee user interactions on the Website and to eliminate any content considered objectionable. The Company holds no liability for any user-generated content, including errors or omissions within it, or for any resulting loss or damage incurred by you due to the use of such content, whether transmitted, uploaded, posted, emailed, or made available via the Website. By using the Website, you waive all claims against the Company related to alleged or actual infringements of proprietary rights, privacy and publicity rights, moral rights, and attribution rights associated with such user-generated content.
Your Account
You are permitted to create and maintain a single user account ('Account'). It is your responsibility to maintain the confidentiality of your account details, including your password, and to restrict access to your computer. You hereby acknowledge full responsibility for all activities conducted under your Account. Any information you provide, in any form, is not considered confidential or proprietary and should not violate the rights of any third party in any manner.
Each Account is non-transferable and may not be sold, traded, combined, or shared with any other individual. If you suspect or become aware of any security breaches regarding your Account, please contact us immediately using the 'Contact Information' provided below. In the event of confirmed or suspected security breaches, we reserve the right, without any liability to the Company, to request a password change, temporarily or permanently block, or suspend your account.
We maintain the right to refuse service and/or terminate accounts without prior notice in case of violations of these terms and conditions or if, at our sole discretion, such actions are deemed to be in the best interests of the Company. You bear sole responsibility for all content uploaded, posted, emailed, or transmitted through the Website. Any information provided to us will be collected, stored, used and retained in accordance with our Privacy Policy.
Security
You are not allowed to breach the Website's security, which includes accessing data not intended for you or entering a server or account without proper authorization. Any attempts to test system vulnerabilities, breach security measures without authorization, or interfere with service to others are strictly prohibited. This includes activities such as submitting viruses, overloading, spamming, mail bombing, crashing, sending unsolicited emails for promotions or advertising, or forging headers in emails or newsgroup postings. Violations of system or network security may result in civil or criminal liabilities. Additionally, actions that threaten India's unity, integrity, defense, security, sovereignty, public order, or encourage illegal activities are strictly forbidden.
Payment Methods
The Payments for the Products available on the Website may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking and UPI
(*Payment gateway partners may subject to change in future and will be notified accordingly.)
Pricing and Availability
The Company reserves the right to modify the prices, availability of products, offers, and services displayed or provided on the Website, without any prior notice and solely at the discretion of the Company.
Delivery
Typically, orders are delivered within 5-7 working days from the date of purchase.
After placing your order, you can find estimated shipping and delivery timelines on the order details page. Please note that these estimates are approximate, and unforeseen circumstances beyond our control might cause occasional delays.
For your convenience, upon dispatch, an email containing the tracking number and courier company details will be sent to you. This allows you to track your order’s progress.
Disclaimer of Warranties
You are solely responsible for the use of any products purchased/received by You and/or for your use of the website. The Website and the Products are offered on an “as is” and “as available” basis. All kinds of warranties, whether explicitly stated or implied, including but not limited to, warranties of merchantability, suitability for a specific purpose, and non-infringement, concerning the Products or Website content, or any reliance or utilization of the Website content or Products, are explicitly disclaimed by the Company.
Without limiting the generality of the foregoing, the Company makes no warranty: that the information provided on this Website is accurate, reliable, complete, or timely; that the links to third-party websites are to information that is accurate, reliable, complete, or timely; no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein; as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and regarding any Products purchased or obtained through the Website.
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.
The Company 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 Company 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.
Limitation of Liability
The Company 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 this T&C. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this T&C 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.
You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or 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, mis-delivery, 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 Company. We make no representations or warranties that defects or errors will be corrected.
This disclaimer constitutes an essential part of this T&C.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Indemnification
You will release, indemnify, defend and hold harmless the Company, 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) this T&C or the breach of your warranties, representations and obligations under this T&C; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products ; (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to the Company.
When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this T&C. The Company 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 Company choice at its expense. The Company 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 Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.
Privacy
The Company is committed to protecting user privacy and ensuring that You are informed about how data is utilized. The Privacy Policy is a part of these T&C and regulates Your interactions and use of the Website. By continuing to use the website, You acknowledge that You have reviewed and accepted the Privacy Policy, agreeing to abide by its terms and conditions. You consent to the use of personal information by the Company in accordance with the terms of and purposes set forth in the Privacy Policy, which may be subject to amendment from time to time at the sole discretion of the Company. For further details, please refer to the Company privacy policy, incorporated by reference herein, that is uploaded on the Website.
General
Force Majeure: The Company 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 Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.
Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.
Entire Agreement: This T&C comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of this T&C remain in full force and effect.
Governing Law and Jurisdiction: This T&C 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 Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, 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 this T&C.
Waiver of Class Action Rights: By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually.
Termination: The Company 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 this T&C. Following termination, you will not be permitted to use the Website and the Company 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 Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. This T&C will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it.
Domestic Use: The Company 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.
Assignment: You may not assign your rights and obligations under this T&C to anyone. The Company may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.
Survival: If any provision or provisions of these T&C 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.
By using this Website or ordering Products from this Website, you agree to be bound by this T&C.
Contact Information
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website.
Saukhyam Reusable Pads
Saukhyam House, Mata Amritanandamayi Math
Amritapuri PO, Kollam, Kerala 690546
Ph : 6282 103 073
info@saukhyampads.org