Category



Hari Organics Pvt. Ltd.

 

Terms & Conditions

 

GENERAL INFORMATION

1.1 Hari Organics Pvt. Ltd. ('Hari Organics'), is an Indian company incorporated under the Companies Act, 1956 and having its registered office at G-3, Amar Palace, Panchsheel Square, Dhantoli, Nagpur - 440012.

1.2 Hari Organics operates the web sites accessible from the URL (www.hariorganic.com) and (http://www.hariorganic.in/)('Websites') and offers a User (as defined herein) access to and use of the Website and the opportunity to avail of the facilities subject to the Terms and Conditions.

1.4 These Terms and Conditions (the "Terms and Conditions") are effective as of 1st August, 2013, and govern the terms under which you may access and use this Website and any of the Facilities (as defined herein). Capitalised terms, which are used in this Terms and Conditions and not defined elsewhere shall have the meanings assigned to them under the Section of this Terms and Conditions.

1.5 The user shall not be entitled to use the Website or Online Purchase Facility if she / he does not agree to be bound by the Terms and Conditions. By virtue of continuing to access and use the Website and / or Online Purchase Facility, the user agrees to the Terms and Conditions in effect at such time. The Terms and Conditions may be updated from time to time by posting the updated Terms and Conditions on this Website and it is recommended that the user visits this page on every occasion that you access or use the Website or Online Purchase Facility so that she / he is aware of the Terms and Conditions that govern your use thereof. If any of the Terms and Conditions is not acceptable to the user, then the sole and exclusive remedy available is to discontinue using the Website.

1.6 Please note that Hari Organics Pvt. Ltd at present has its physical presence in India and has no physical presence in any other country.

1.7 Please note that this Service is not intended to be provided where it is prohibited under domestic laws.

OVERVIEW OF ONLINE PURCHASE FACILITY

2.1 The online purchase facility made available by Hari Organics Pvt. Ltd on the Website and further described below and elsewhere on the Website, among other things, provide a User with a technology platform to record online purchase requests, track and monitor the status of orders and manage electronic payment and communication relating to a purchase.

2.2 Hari Organics Pvt. Ltd. may sub-contract or employ agents to carry out any functions or services relating to the Website, any facility or any of its obligations under the Terms and Conditions.

2.3 In order to access the Website and avail of the Facilities, the Visitor will, at the Users own cost, have to: (a) obtain access to the World Wide Web and pay any service fees, telephone charges and online service usage associated therewith, and (b) obtain access to all equipment necessary for the User to connect to the World Wide Web, including a computer and modem.

2.4 The content presented on or through the Website may vary depending upon the Visitor's browser limitations and Hari Organics Pvt. Ltd disclaims any responsibility for the unavailability of any Facility or any error in processing of a transaction through the Website caused by the Visitor's browser limitations

2.5 All communications under these Terms and Conditions shall be conducted in the English language.

ELIGIBLE USERS

3.1 In order to access and use the Website and avail of the Online Purchase Facility the User must be an individual of at least 18 years of age having the capacity to enter into legally binding contracts under the law applicable to the User, or a corporation, trust, association of persons or firm that can enter into legally binding contracts in general, and contracts contemplated herein in specific, under applicable law and documents of their incorporation / constitution through their authorized officials.

REGISTRATION INFORMATION

4.1 Only limited access to the Website is available to non-Users. Subject to the other Terms and Conditions, upon registration as a User the Website will register the relevant User ID and User will be provided with a password.

4.2 The User agrees to provide true, accurate, current and complete information, as prompted by the registration form on the Website, and to update this information to keep it true, accurate, current and complete at all times. If, in the judgement of or to the knowledge of Hari Organics, any information provided by the User is untrue, inaccurate, not current or incomplete, Hari Organics retains the right to terminate the User's registration and refuse the User access to or use of the Website or any Facilities, including the cancellation of pending transactions. Hari Organics reserve the right to request the User, at any time and from time to time, for additional information and/or proof of authenticity of any information the User's continued access to the Website and the Facilities, including the completion of any ongoing transaction, may be subject to the receipt by Hari Organics of such additional information or proof.

4.3 The User will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all User IDs and User Passwords and be fully responsible and liable for all transactions and activities that occur under the User's ID and password including any unauthorised use or misuse of the ID and / or password and Hari Organics Pvt. Ltd shall have no obligation to verify the authenticity of any such transaction or activity. In consideration of Hari Organics Pvt. Ltd agreeing to provide the Facilities as per the Terms and Conditions, the User hereby agrees to unconditionally indemnify Hari Organics Pvt. Ltd and hold Hari Organics Pvt. Ltd harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, the User agrees to log out from his or her account at the end of each session and to immediately notify Hari Organics Pvt. Ltd via Email Us, or through the Call Centre, or registered post AD of any suspected loss, theft, unauthorised usage of the User ID or password, any other breach of security, or any receipt by the User of confirmation of a transaction, fund or other activity which the User did not authorise or any inaccurate information in the User's account balances or transaction history.

4.4 If the User forgets his / her password, Hari Organics Pvt. Ltd may, subject to verification and to its satisfaction as to the User's identity, permit the user to reset his password and the User will be responsible and liable for all transactions pursuant thereto.

4.5 To the extent permissible by applicable law, Hari Organics Pvt. Ltd shall have the right (but not the obligation) to require the User to communicate instructions and authorise and execute transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).

4.6 User may be provided with the information about the various products and services of the Hari Organics Pvt. Ltd by pop ups on its website. If the User is not interested to receive such information, then she / he should specify the same at the time of registering name with the Hari Organics Pvt. Ltd at the time of availing this facility.


FEES AND CHARGES

5.1 Hari Organics Pvt. Ltd may set its own fees and charges for Facilities and may revise the same at any time and the availability of Facilities displayed or offered on or through the Website are subject to change without prior notice. Nothing contained on the Website constitutes an offer, promise or commitment to grant or provide any Facility. While Hari Organics Pvt. Ltd endeavours to post accurate and updated information on the Website, the User must verify the same before taking any action or entering into any transaction. In addition, the User shall be liable to pay the Service Tax or any other Statutory taxes, cess or fees as may be levied by the Central, State or local Government / Statutory Authorities in India.

5.2 When a User makes a request to use the online purchase facility, depending on the payment mechanism he or she chooses, such User will likely be concurrently authorising a third party financial institution to debit the price amount from an account held with it and/or be requesting the financial institution to process the payment request in some other form. Hari Organics Pvt. Ltd does not control and is not responsible in any manner for fees or charges, if any, that may be imposed by any such financial institution(s) or any other third parties, including User's own Bank.

5.3 Users acknowledge and understand that Hari Organics Pvt. Ltd may make monetary gains. Hari Organics Pvt. Ltd shall carry out the conversion of foreign currency to Indian Rupees, and will apply the foreign exchange conversion rates prevailing on the day of conversion, on receipt of clear funds or other rates as per its discretion. Hari Organics Pvt. Ltd shall effect the transaction after deductions of its charges and taxes, cess or fees as may be levied by the Government/ Statutory Authorities.


ACCEPTABLE USE

6.1 A User shall not:

a) restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities

b) Modify, copy distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof

c) Post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law

d) Post or transmit any advertisements or similar such activities amounting to unsolicited commercial communication (except as otherwise expressly permitted by Hari Organics Pvt. Ltd ) or other activities that may be objectionable to its users, like spamming or flooding etc

e) Post or transmit any information or software which contains a virus or such harmful component

f) Post, publish or transmit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material)

g) Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof

h) Upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by Hari Organics Pvt. Ltd or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws

i) Make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if the Visitor becomes aware of any shortcoming in the security on the Website the Visitor shall forthwith inform Hari Organics Pvt. Ltd of the same in writing.

j) Disclose to any other person, in any manner whatsoever, any information of a confidential nature relating to Hari Organics Pvt. Ltd. or its Affiliate Partners obtained in the course of using or accessing the Website or availing of any Facility.

LIMITATIONS OF OFFERINGS

7.1 Hari Organics Pvt. Ltd shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by the User. Nothing provided on the Website should be construed as advice of any nature and the Users are advised to consult professionals in this regard prior to taking any decision.

7.2 Hari Organics Pvt. Ltd shall have the right to verify any information provided by the User and the User hereby authorizes Hari Organics Pvt. Ltd. to verify any such information & or pass on to a third party for verification, for the sake of completing due diligence on the customer (including but not limited to "Know your customer", & other Statutory compliances etc).

7.3 Hari Organics Pvt. Ltd shall not be responsible for any error or omission made by the User in keying in or otherwise providing the information required to avail of a Facility or any consequences of such error or omission.

7.4 Hari Organics Pvt. Ltd shall endeavour to carry out the requests received under the Facilities. However, Hari Organics Pvt. Ltd shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of a User's instructions or requests without assigning any reason.

7.5 The User cannot amend, cancel or revoke any request made of Hari Organics Pvt. Ltd under a facility, save and except as specifically detailed on the Website. Additionally, when the User places a request to amend, cancel or revoke a transaction request that has already been authorised by the User, such request will only be acted upon if it is received before the requested transaction or activity is executed.

7.6 Any scheme for awarding rewards or prizes (by whatever name called) is available only to persons who are eligible for the same under the rules of the concerned scheme and the applicable laws of India and other concerned jurisdictions. The User is therefore required to verify the eligibility of the User before participating in any such scheme. Hari Organics Pvt. Ltd is not responsible or liable for the performance, quality or any other aspect of any rewards, prizes or items manufactured or supplied by third parties, and the User's recourse for the same will be only against the persons who have manufactured or supplied the same. Hari Organics Pvt. Ltd shall be entitled to have more than one promotional offer in existence and applicable at any given time. However a User shall be entitled to avail of only one offer per transaction. It shall be entirely at the discretion of Hari Organics Pvt. Ltd to consider any exceptions to the above.

7.7 The User understands that the Website and the facilities may not be available in whole or in part in different countries, states, territories and jurisdictions and Hari Organics Pvt. Ltd may in its sole discretion restrict the availability of the facility to any country, state, territory or jurisdiction.

7.8 Hari Organics Pvt. Ltd has no control over, and is not responsible for, the quality, safety, legality, or delivery of any goods or services that the User may pay for using the Website and / or the facilities. Such use will be at the User's own risk.

7.9 In order to avail of specific facilities, the User may have to agree to other terms and conditions in addition to the Terms and Conditions and may also have to execute agreements, powers of attorney and other writings and abide by the procedures as may be specified by Hari Organics Pvt. Ltd.

FACILITIES PROVIDED BY THIRD PARTIES

8.1 Several of the facilities mentioned or offered on or through the Website are provided by third party service providers and Hari Organics Pvt. Ltd makes no warranty on behalf of such third parties. Hari Organics Pvt. Ltd shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings between the Users and such third party service providers. The User may be charged for such transactions / dealings by such third party service provider. Such third party service providers may have their own agreements, terms and conditions which will govern such Facilities provided by them, which may be specific to each such service provider and vary from facility to facility. All of the User's rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any such facilities shall be governed by the applicable terms, policies and procedures of the concerned service provider and Hari Organics Pvt. Ltd shall not be liable or responsible for the same in any manner. The User shall have no claim, rights or remedies whatsoever against Hari Organics Pvt. Ltd in respect of any such Facility availed or sought to be availed by the User from any such service provider. The User agrees not to hold Hari Organics Pvt. Ltd liable for any loss or damage of any sort incurred as a result of any such dealings with any service provider.

TERMS OF SPECIFIC FACILITIES

The following (among other) Facilities are proposed to be offered on the Website. However, all the facilities or all the various components and features of a Facility may not be offered at all times. Hari Organics Pvt. Ltd may discontinue, modify, change, and alter any of the features of the Facility at its sole discretion.

9.1 Online Purchase Facility

9.1.1 Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of the Online Purchase Facility, such Facility enables the User to avail of a technology platform for online purchase of goods offered by Hari Organics. The Facility is offered by Hari Organics Pvt. Ltd by use of Hari Organics Pvt. Ltd's web technology platform.

9.1.2 The User should pay as per the instructions or other acceptable modes as described on the Website. The goods will be delivered only after it has received a confirmation that payment has been received in Hari Organics Pvt. Ltd's account. Thereafter, after deducting the appropriate charges / fees as may be applicable at the time of remittance, the good will be delivered to the User.

9.1.3 While it shall be Hari Organics Pvt. Ltd's endeavor to adhere to the time schedule indicated by it on the Website, Hari Organics Pvt. Ltd hereby disclaims liability or responsibility for any changes in the time schedule for execution and delivery of the User's order for any reason.

9.1.4 In the event the goods are for any reason required to be delivered to another location, or any other additional service is required, Hari Organics Pvt. Ltd shall levy additional charges.

9.1.5 Hari Organics Pvt. Ltd. shall in no way be held responsible and / or be liable for any queries, errors, disputes or delays in messaging, payments, delivery of goods or any other query, claim or dispute or failure on the part of third party service provider to fulfil their obligations. Hari Organics Pvt. Ltd will, however, use reasonable efforts to assist the User in contacting Hari Organics Pvt. Ltd or any third party to facilitate resolution of such queries, claims and disputes.

9.1.6 The User shall provide to Hari Organics Pvt. Ltd all the information as may be required, in absence of which Hari Organics Pvt Ltd shall not be liable to permit the User to avail of the online purchase Facility.

9.1.7 The User undertakes to pay and allows Hari Organics Pvt. Ltd. To collect from the user withholding taxes as may be applicable in accordance with the tax laws of which customer is tax resident.

9.1.8 The onus shall lie on the User to ensure that there are no violations of any law, regulation, authorization including (FEMA or Exchange Control) and the User shall be solely liable for any violation thereof. The user could refer to the FEMA regulations on the URL - http://www.rbi.org.in/scripts/Fema.aspx

9.1.9 Hari Organics Pvt. Ltd. shall not be responsible for any erroneous delivery of goods, if erroneous details provided by the User to Hari Organics Pvt. Ltd. and Hari Organics Pvt Ltd shall not be liable to reverse such erroneous delivery from the recipient.

9.1.10 Hari Organics Pvt. Ltd shall process the transaction as requested by the User as per the limits and the frequencies as stipulated herein below:

Minimum amount per transaction – INR 500

Maximum deliveries per day by - 3

9.1.11 The User agrees and understands that there could be a delay in if the order checkout is not done by the User on time, as the transaction data capture is separate from the actual delivery of goods. Hari Organics Pvt. Ltd. shall in its sole discretion levy charges including that levy of the delivery or return charges as deemed fit by it from time to time.

9.1.12 The User agrees and understands that in the event of the transaction to be returned after delivery, Hari Organics Pvt. Ltd shall in its sole discretion levy charges including that levy of the return charges as deemed fit by it from time to time.

PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

10.1 Hari Organics Pvt. Ltd is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website. Hari Organics Pvt. Ltd, the Alliance Partners and/or the Service Providers do not grant any license to or other authorization, and none should be implied or presumed, for use of their respective trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.

10.2 This Website is for the Visitor's personal use. If the Visitor makes any other use of this Website, except as otherwise provided above, the Visitor may violate copyright, trademark and other laws of India and other countries, and may be subject to penalties.

USE OF INFORMATION

11.1 By agreeing to the Terms and Conditions, the User and the Visitor consents to Hari Organics Pvt. Ltd 's Privacy Policy, a copy of which may be found elsewhere on the Website.

11.2 Each Visitor and the User irrevocably and unconditionally authorises Hari Organics Pvt. Ltd. to access all information relating to his or her access and use of the Website and Facilities, including personally identifiable information, and/or the transactions entered into by the Visitor/User through the Website. Subject to the Hari Organics Pvt. Ltd Privacy Policy, all information submitted on or via the Website shall be deemed to be and remain the property of Hari Organics Pvt. Ltd. and Service Providers and Hari Organics Pvt. Ltd and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in or derived from any information the Visitor/ User may provide to or through the Website. Hari Organics Pvt. Ltd and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with the Visitor. Hari Organics Pvt. Ltd shall be deemed to acquire from the Visitor a non-exclusive, world-wide, perceptual, irrevocable, royalty free licence to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in or derived from any information provided by the Visitor to or through the Website.

NO AGENCY OR BANKING RELATIONSHIP

12.1 The Terms and Conditions and the use by the User or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture, or employer-employee relationship between the service provider or the beneficiary of the one part and Hari Organics Pvt. Ltd. or any Service Provider of the other part, except where otherwise specifically agreed or appointed.

INDEMNITY

13.1 Each Visitor and/or User agrees to defend, indemnify and hold Hari Organics Pvt. Ltd and Service Providers and each of their respective affiliates, directors, officers and employees, harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from the Visitor's or User's use of the Website, whether in India or any other jurisdiction, the inaccuracy or incompleteness of registration information, or the placement or transmission of any message, information, software or other materials through the Website by the Visitor, the User or users of the User's ID and password or related to any violation of the Terms and Conditions by the Visitor or User or users of the User's ID and password, and any claims dispute or differences between the Visitor or User and any supplier of services that are part of the Facilities.

SUSPENSION OR TERMINATION OF ACCESS

14.1 The User acknowledges and agrees that Hari Organics Payment India Pvt. Ltd's User's ID, Password or account or deny the User access to all or part of the Website or any Facilities if the User engages in any conduct or activity that Hari Organics Pvt. Ltd, in its sole discretion, believes violates any of the Terms and Conditions, violates the rights of Hari Organics Pvt. Ltd, or is otherwise inappropriate for continued access, or if Hari Organics Pvt. Ltd learns of the User's death, bankruptcy or lack of legal capacity or of circumstances that impact the User's creditworthiness or for any other reason which Hari Organics Pvt. Ltd thinks fit and proper.

14.2 The User may request Hari Organics Pvt. Ltd to disable the User's ID, password or account by giving a written notice through his registered email id or by calling the customer service centre. Hari Organics Pvt. Ltd. will do the needful on a best effort basis taking at least 15 working days to act upon the request. The termination shall take effect on a best effort basis on the completion of the fifteenth working day from the date of receipt of the notice by Hari Organics Pvt. Ltd. The User could also cancel his access himself on the website.

14.3 Until suspension or termination of the User's ID takes effect, as above, the User will remain responsible for any transactions entered into using the User's ID and all obligations incurred thereby or otherwise by the User.

14.4 All termination notices delivered by the User via e-mail or any other secured medium as indicated by the Bank, should be marked "Termination" in the subject line.

GOVERNING LAW AND JURISDICTION

15.1 The Website, the Facilities, the Terms and Conditions, all transactions entered into on or through the Website or through the availment of any Facility and the relationship between the Visitor and/or User and Hari Organics Pvt. Ltd with the laws of India and no other nation, without regard to the laws relating to conflicts of law.

15.2 The User and Hari Organics Pvt. Ltd agree that all claims, differences and disputes (collectively, "Disputes") arising under or in connection with or pursuant to the Website, the availment of any Facility, the Terms and Conditions, any transactions entered into on or through the Website or through the availment of any Facility or the relationship between the User and Hari Organics Pvt. Ltd shall be subject to the exclusive jurisdiction of the competent courts located in the city of Nagpur, Maharashtra, India and the User hereby accedes to and accepts the jurisdiction of such courts. Notwithstanding the aforementioned, if Hari Organics Pvt. Ltd thinks fit, Hari Organics Pvt. Ltd may institute proceedings against a User in any other court or tribunal having jurisdiction under applicable law. Disputes shall include not only claims made directly by the Visitor, but also made by anyone connected with the Visitor or claiming through a Visitor. Disputes include not only claims that relate directly to Hari Organics Pvt. Ltd , but also its successors, assignees, employees, and agents, and claims for which Hari Organics Pvt. Ltd may be directly or indirectly liable, even if it is not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the resolution of such claims must precede on an individual (non-class, non-representative) basis.

15.3 Hari Organics Pvt. Ltd hereby disclaims all liability, direct or indirect, for non-compliance with the laws of any jurisdiction other than India. The fact that it is technologically possible to access or use the Website and avail of any Facility in any jurisdiction other than India should not in itself suggest that it is legal to do so. It shall be the sole responsibility of the Visitor to verify whether the Website and the Facilities can be legally and legitimately accessed, utilized and availed in the relevant jurisdiction and the Visitor understands that by accessing, using and availing of the Website and the Facilities, he or she may be violating the local laws in India and/or such jurisdiction. Further, Hari Organics Pvt. Ltd hereby explicitly disclaims any responsibility, direct or indirect, for non-compliance by a Visitor of the laws of any jurisdiction whatsoever.

NO WAIVER

16.1 The failure or delay of Hari Organics Pvt. Ltd to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of Hari Organics Pvt. Ltd shall be valid unless it is in writing signed by or on behalf of Hari Organics Pvt. Ltd. A waiver of any right or provision by Hari Organics Pvt. Ltd on a particular occasion shall not prevent Hari Organics Pvt. Ltd. from enforcing such right or provision on a subsequent occasion.

SEVERABILITY

17.1 If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and the Visitor, User, Hari Organics Pvt. Ltd, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

LIMITATION

18.1 Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website or any Facility or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred

NOTICES

19.1 Hari Organics Pvt. Ltd may give notice to the User by e-mail, letter, telephone or any other means as Hari Organics Pvt. Ltd may deem fit to the address last given by the User. Notices under the Terms and Conditions may be given to Hari Organics Pvt. Ltd by the User in writing by delivering them by hand or by sending them by post to Hari Organics Pvt. Ltd 's address mentioned on the Website. Hari Organics Pvt. Ltd may, but shall not be bound to, act upon notices and instructions given by the User to Hari Organics Pvt. Ltd by e-mail, letter, telephone or any other means as Hari Organics Pvt. Ltd may deem fit.

19.2 In addition, Hari Organics Pvt. Ltd may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors and/or Users in a newspaper circulating in India and/or on its Website. Such notices will have the same effect as a notice served individually to each Visitor and/or User.

19.3 Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. Hari Organics Pvt. Ltd shall be deemed to have duly communicated and delivered any communication or document to the User if such communication or document is sent via e-mail to the e-mail address provided by the User to Hari Organics Pvt. Ltd. Hari Organics Pvt. Ltd shall also be entitled to act on the basis of any instructions received or purported to be received by Hari Organics Pvt. Ltd from the User by e-mail or other electronic means or via the Internet. Hari Organics Pvt. Ltd shall also be entitled (but not bound) to act upon fax instructions and communications.

USE OF INFORMATION

In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder -

"Alliance Partner"

means any Person, other than Hari Organics Pvt. Ltd, who displays content or offers any Facility on the Website.

"Call Centre"

means the call centre which may be set up by Hari Organics Pvt. Ltd or a Service Provider to assist Visitors/Users in connection with the Website including the Facilities displayed or offered thereon and any transactions entered into or proposed to be entered into by the Visitors/Users in respect of such Facilities.

"Facility"

means any present and future product, service or facility displayed or offered on or through or associated with the Website (whether by Hari Organics Pvt. Ltd or by any Alliance Partner). Online Purchase Facilities.

"Person"

includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government.

"Registered User"

means any Visitor who has registered himself, herself or itself with the Website in the appropriate manner.


"User Account"

means one or more accounts relating to the Registered User's position in respect of one or more Facilities.

"User ID"

means the user name that is chosen by the User and registered by the Website which, along with the User Password, will enable the User to -

(i) avail of Facilities and enter into transactions in respect of the Facilities,

(ii) access one or more User Accounts, download application forms for Facilities and register a change in address and

(iii) do such other acts as the Website may permit.

"User Password"

means the password that is chosen by the User and registered by the Website for access to the Website which, along with the User ID, will enable the User to -

(i) avail of Facilities and enter into transactions in respect of the Facilities offered on the Website,

(ii) access one or more User Accounts, download application forms for Facilities change in nominee details, payments, payment of dues, bill payments, trading and make online applications register a change in address and

(iii) do such other acts as the Website may permit.

"Service Provider"

means a Person who provides a service to Hari Organics Pvt. Ltd in order to enable Hari Organics Pvt. Ltd to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by Hari Organics Pvt. Ltd .

"Visitor"

means any person who accesses or visits the Website, whether or not such person has registered himself as a User.

"Website"

means the Website presently maintained by Hari Organics Pvt. Ltd at www.hariorganic.com and www. hariorganic.in and includes the pages of the Website and any applets, software and content contained in and on the Website.


In these Terms and Conditions, unless the context otherwise requires:

(a) words of any gender are deemed to include each other gender.

(b) words using the singular or plural also include the plural or singular, respectively.

(c) the terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire Website.

(d) the term "Article" refers to the specified clause of these Terms and Conditions

(e) headings and bold typeface are only for convenience and shall be ignored for the purposes of interpretation.

(f) reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.

(g) any term or expression used but not defined herein shall have the same meaning attributable to it under applicable law.

(h) references to the word "include" or "including" shall be construed without limitation.


DISCLAIMERS

1.1 The Website, all information on or available through the Website and the Facilities provided by Hari Organics Pvt. Ltd are made available to the Users "as is" and without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose, completeness, title, compatibility, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, each to the extent permissible by applicable law.

1.2 Although Hari Organics Pvt. Ltd. adopts security measures that it considers appropriate for the Website, it does not represent or warrant that the Website is immune from hacking, denial of service attacks, unauthorised access or other illegal subversion of these security measures that might impair the working of the Website, the availability of the Facilities or the integrity and confidentiality of User's personal and login information or accounts and Hari Organics Pvt. Ltd disclaims liability arising from any such acts or occurrences. Furthermore, while Hari Organics Pvt. Ltd takes reasonable precautions to avoid such eventualities, the User understands that communications through Internet are not always secure and agrees that Hari Organics Pvt. Ltd shall not be responsible for any unauthorised or illegal interception of e-mail or other communication to or from Hari Organics Pvt. Ltd.

1.3 Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of Hari Organics Pvt. Ltd. Hari Organics Pvt. Ltd shall have the right to, from time to time and in its discretion, introduce new information and Facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice. While Hari Organics Pvt. Ltd makes every endeavour to ensure that the Facilities are offered to a User without interruption or delay, continued provision of the Facilities may be impractical or impossible due to the failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, system maintenance, software or hardware error, labour problems, strikes or any other reason beyond the control of Hari Organics Pvt. Ltd, and Hari Organics Pvt. Ltd provides no guarantee that any instructions or transactions will definitely be communicated, processed or performed (whether or not before a particular time) using the Website or the Facilities.

1.4 Hari Organics Pvt. Ltd has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with the Website.

1.5 Hari Organics Pvt. Ltd operates and offers the Website and the Facilities strictly on a no-liability and no-obligation basis as regards Hari Organics Pvt. Ltd, and Hari Organics Pvt. Ltd shall not be liable to the User or any other third party for any claim for direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss or corruption of data, loss of profit or goodwill, work stoppage, computer failure or malfunction, or interruption of business) whether arising under contract, tort or any other theory arising out of or in connection with the Website, the inability to access the Website or any Facilities, products or services mentioned or advertised on or accessed or availed on or through the Website.

1.6 To the extent any of the disclaimers or limitations of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of Hari Organics Pvt. Ltd to the User shall not exceed the amount of fees paid/payable by the User to Hari Organics Pvt. Ltd for the Facilities availed by the User through the Website.

 

 

Privacy Policy

Hari Organics Pvt. Ltd. ("HOPL"), which operates the web sites accessible from the URL (www.hariorganic.com) and (www.hariorganic.in) ('Websites'), takes your Privacy very seriously. This Privacy Policy is effective as of 2013-08-01.

We are committed to protecting our customers' privacy and security. This Privacy Statement explains what personal information we collect about you, with whom we share it, and how you [The user of the Service] can direct us not to share certain information with certain parties. "Personal Information" refers to information such as name and email that can be used to identify an individual. You should read this Privacy Policy in its entirety. Certain sections may apply differently to residents of different jurisdictions.

We may amend this policy at any time, and shall notify you by posting a revised version on our website. Should we make a material change to the manner in which we collect, use or store your personal information, we shall provide prior notice on our Site, or by email.

INFORMATION WE COLLECT

We may collect the following information about you, which may include non-public personal information:

  • Information that you provide us in the course of using the Service, such as your name, address, e-mail address, and telephone number. We may also collect certain sensitive information from you including your date of birth.

 

  • Information that you provide us in the course of your participating in various partner promotional programs.

 

  • Information about your usage of the Service, including your transaction history, and how and what you purchase online from the Site.

 

  • Information that we lawfully obtain from third parties, such as identity verification services, electronic database services, and credit reporting agencies.

 

  • Information that we indirectly obtain from you, such as information about the hardware and software you use when accessing the Service, your IP address, your Internet browser and it’s version, the pages you access on this website, and other websites that you visit prior to accessing the Service.



HOW WE COLLECT INFORMATION

Here is how and why we use some common Web technologies to help manage our Web sites:

Cookies

  • In order to provide better service, we will occasionally use a "cookie." A cookie is a small data file that we may place on your computer to identify you when you return to the website. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of the Service. The information we store in the cookie is not PII but a number that we generate and could not be used to lookup a user's PII without the proprietary system. The cookie cannot be read by a Web site other than the one that set the cookie. We use cookies for a number of administrative purposes. For example, to store your preferences for certain kinds of information or to store a password so that you do not have to input it every time you visit our site. None will contain information that will enable anyone to contact you via telephone, e-mail, or any other means.

 

  • If you are a User on the Web site, you will receive an additional cookie when you login. This cookie is maintained by your browser and contains your identifier. This cookie is also used to authenticate your identity and provide you with access to areas of our Web site that are limited to Users, such as those that allow you to view and manage your transactions or accounts.

 

You do not have to accept cookies from our site. Only the areas that require registration require cookies. Should you decide that you would like to register and login to special areas of the Web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send it. Otherwise, we will not be able to let you participate in certain areas of the Web sites. Most browsers are defaulted to accept and maintain cookies.

Advertising networks that serve ads on this Web site may assign different cookies to you. Those cookies may be used to track your involvement with the advertising on our site. You may choose not to accept these cookies.

WebSite Usage Data

  • With or without cookies, our Web site keeps track of usage data, such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. We use this data to better understand Web site usage in the aggregate so that we know what areas of our Web site users prefer. This information is stored in log files and is used for aggregated and statistical reporting.

 

Co-branded and Third-Party Sites.

  • Our co-branded sites are clearly identified by both an HOPL and a partner's logo. The Website may provide links to third-party Web sites, such as those of our business partners and online advertisers. On these sites either the partner or its associates may collect information about you. HOPL is not responsible for the actions of these third parties. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personally identifiable information.

 

If we make changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we'll post those changes to this privacy statement as and when they come into effect.

In some cases we may be required to disclose certain information to comply with a legal process, such as a court order, subpoena or search warrant.

WHY WE COLLECT INFORMATION:

We collect information for the following purposes:

  • To process your transactions

 

  • To verify your identity

 

  • To collect payment for your use of the Service

 

  • To allow our partners to fulfil their promotional obligations to you

 

  • To troubleshoot problems with the Service

 

  • To comply with applicable laws and regulations, such as those relating to "know-your-customer", and requirements.

 

  • To detect and prevent fraud and other illegal uses of the Service

 

  • To send you marketing notices, service updates, and promotional offers


We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact ( This email address is being protected from spambots. You need JavaScript enabled to view it. ). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

HOW WE SHARE INFORMATION WITH OTHERS:

We do not sell or rent the information we collect to third parties for their promotional purposes unless we receive your permission to do so. Nevertheless, we may share information about you (including nonpublic, personal information) with:

  • Third-party service providers under contract with Hari Organics that help us with our business operations, such as transaction processing, fraud prevention, and marketing.

 

  • Third-parties that we partner with to offer additional products and services, such as long-distance telephone minutes, gift cards or loyalty points, but only when you elect to participate, and/or to receive information about those additional products and services.

 

  • In the event of the sale, acquisition or merger of some or all of our assets, your personal information might be a part of the transferred assets. We shall notify you in the event of such an occurrence, as well as any choices you may have regarding your personal information, by placing a notice on our website.

 

  • Law enforcement, government officials or other third parties, but only in connection with a formal request, subpoena, court order, or similar legal procedure when we believe in good faith that disclosure is necessary to comply with the law, prevent physical harm or financial loss, report suspected illegal activity, or to investigate violations of our User Agreement.

ACCESS TO YOUR INFORMATION

You can access, modify or update your personal information submitted on our Site by logging into your account and changing your preferences.

SECURITY

We employ industry accepted standards in protecting the information you submit to us on our Site. We have put in place SSL [Secure Socket Layer] encryption technology to protect your sensitive information transmitted on our Site. We also require a username and password from each user who wants to access their information on our Site. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

CHOICES YOU CAN MAKE ABOUT OUR USE OF YOUR INFORMATION

Federal and state laws allow you to restrict the sharing of your personal information in certain instances. However, these laws also state that you cannot restrict other types of sharing. Because we have chosen to refrain from certain types of data sharing, the only type of sharing of your personal information that you may restrict is as follows:

COMPLAINTS

THIRD PARTY SITES

The Site contains links to other web sites. HOPL is not responsible for the privacy practices or the content of these other web sites. We encourage you to familiarize yourself with the privacy practices of these other sites prior to submitting your personal information to them.

CONTACT

Hari Organics Pvt. Ltd. ("HOPL"), which operates the web sites accessible from the URL

 

 

 

Additional information