Terms of service

 

 

INTRODUCTION

This website, i.e. https://www.sarathi.com (“Website”) is operated by Sarathi International Inc., a partnership firm existing under the Indian Partnership Act,1932, having its registered office at No. 13, 3rd “D” Main, J.P. Nagar 1st Phase, Bengaluru – 560078, India, (hereinafter referred as to as the “Firm” “us” or “we” or “our”) for providing agarbathies. These Terms (as defined below) were updated as on 22nd January 2022.
These terms of use (“Terms”) govern the terms of usage of our Website. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.

GENERAL

You can determine when these Terms were last revised by referring to the date at the top of these Terms. Sarathi International Inc reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Sarathi International Inc induce or invite or solicit you to visit our website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Sarathi International Inc.

ELIGIBILITY AND CONSENT

By accessing the Website, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.
If the Users are minors, i.e. under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

USE OF WEBSITE

Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.

Website:

The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
The contents of the Website are best viewed with the latest version of Adobe Flash Player. Sarathi International Inc’s Website is compatible only with the above-mentioned software’s or programmes. Sarathi International Inc shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Sarathi International Inc or those instruments that may be purchased from any third-party which are not compatible with the Sarathi International Inc’s Website.
Further, Sarathi International Inc reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.

Third-Party Links:

The Website may contain links to websites or applications offered by third parties (“Third-Party Sites”). We don’t control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our website, including the information or content contained within them. Sarathi International Inc does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Sarathi International Inc of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.

Our website may contain third-party content which may have opinions and views from the person. Sarathi International Inc shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Sarathi International Inc shall not be liable and in no way be held responsible for any claims arising therefrom.

You hereby agree that Sarathi International Inc has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Sarathi International Inc makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that the Sarathi International Inc shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
Limitations on quantity

Sarathi International Inc does not offer additional discounts on large orders of a single product or multiple products at all times. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Sarathi International Inc reserves the right to prohibit purchases of any products to resellers. Resellers are defined as a Firm or Company or an individual that purchases goods with the intention of selling them rather than using them.
Colours

Sarathi International Inc strives to display as accurately as possible the colours of the products shown on the Website; however, Sarathi International Inc cannot and does not guarantee that your monitor’s display of any colour will be accurate.
Availability, Errors & Inaccuracies

Sarathi International Inc’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a product has been confirmed. Sarathi International Inc makes a conscientious effort to describe and display its products accurately on the Website. Despite these efforts, a small number of products on the Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability.

Sarathi International Inc, reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
Healthcare Information

THE INFORMATION CONTAINED IN THE PRODUCTS ASSURING ANY HEALTH BENEFIT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY PRODUCTS. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

 

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for any Promotion is in conflict with these Terms, the Promotion’s rules will apply.

Text Messages
Your carrier’s standard message rates will apply to your entry or submission message, Sarathi International Inc’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.

Sarathi International Inc will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Sarathi International Inc as part of this service. Sarathi International Inc may use this information to contact you and provide products you request from Sarathi International Inc. Sarathi International Inc may also use this information as described in the subscription list you’ve enrolled in. Sarathi International Inc may use an automatic dialling system to deliver text messages to you.

CONTENT

Sarathi International Inc provides content on its website which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

PRICING INFORMATION

Sarathi International Inc strives to provide accurate and correct information at all times. However, sometimes errors may occur.
Sarathi International Inc can only confirm the actual price of the order once the order is placed.
Notwithstanding Clause 8 (Cancellation), we hold the right to cancel your order if the price of the product and/or product information is inaccurately listed due to some technical error. However, this Clause 10.3 would not apply in case the order has already been delivered.

In the event, where the price of the product and/or product information has been wrongly listed, Sarathi International Inc will first contact you for instructions and only upon your explicit instruction to process the order, will Sarathi International Inc deliver the order. In all other cases such an order shall be deemed to be not received.
Further, if we cancel the order and the payment for such order has already been made then such amount will be credited back to the source account subject to the Refund Policy of the Firm.

Upon our sole discretion we may cease or discontinue listing a product on our Website. Further, we may also change the price and/or any other information about the product. Any such change may not be notified or intimated to you.

MISCELLANEOUS
Risk of loss
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery by the carrier.
Jurisdictional Issues
The Website are controlled and operated by Sarathi International Inc from Bengaluru, and is not intended to subject Sarathi International Inc to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

INTELLECTUAL PROPERTY

Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. Our name and logo ‘SARATHI INTERNATIONAL INC.’ and such others are our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.

CONDUCT OF THE USERS

You hereby agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;
engages in commercial activities without Sarathi International Inc’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
interferes with another Users use and enjoyment of the Website;
You may not decompile, reverse engineer, or disassemble the contents of the Website, Our Content or Software or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website, Our Content or Software or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
You will not (a) use the Website for commercial purposes of any kind, or (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website in any way that is unlawful, or harms Sarathi International Inc or any of their Representatives. (as defined below)

CONFIDENTIALITY

As elaborated under the Privacy Policy, Sarathi International Inc will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Sarathi International Inc acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Sarathi International Inc shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality.
PROPRIETARY RIGHTS
The Website is protected by copyright laws as well as other intellectual property laws as applicable. Sarathi International Inc and its licensors shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.
PRIVACY POLICY
The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Website and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by Sarathi International Inc in accordance with the terms of as set forth in the Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold harmless Sarathi International Inc, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys’ fees, made by any third-party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third-party.
FEEDBACK AND SURVEYS
Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Sarathi International Inc is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Sarathi International Inc for the feedback or survey data under any circumstances, unless specified.

ASSIGNMENT

Sarathi International Inc reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.

TERMINATION

These Terms are effective unless and until terminated by either you or Sarathi International Inc.
You may terminate the Terms at any time, provided that you discontinue any further use of the Website. Sarathi International Inc may terminate the Terms at any time and may do so without any prior notice.

DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE WEBSITE ARE PROVIDED BY SARATHI INTERNATIONAL INC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SARATHI INTERNATIONAL INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. SARATHI INTERNATIONAL INC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. SARATHI INTERNATIONAL INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SARATHI INTERNATIONAL INC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SARATHI INTERNATIONAL INC, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SARATHI INTERNATIONAL INC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF SARATHI INTERNATIONAL INC VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO SARATHI INTERNATIONAL INC. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

SEVERABILITY AND WAIVER

These Terms, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and Sarathi International Inc with respect to the Website as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Sarathi International Inc with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

JURISDICTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bengaluru, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bengaluru, India and the language used shall be English

GRIEVANCE REDRESSAL

Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020 the Firm shall acknowledge the User complaint within 48 (fourty-eight) hours of receiving such complaint and shall on a best effort basis resolve the User grievance within 1 (one) month of receiving such complaint. The User can track the status of complaint by calling on the number provided to the User along with the ticket number generated at the time of lodging such complaint
In the event, you want to report a grievance that you might have with our product and/or service or for any other general query, you may contact our customer care on the below-mentioned information:

Number: +91 8042544254
Email: mail@sarathi.com
In the event, the customer care does not acknowledge the receipt of the complaint and/ or query within 24 (twenty-four) – 36 (thirty-six) hours, you may contact the Grievance Officer. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Venkatesh
Address: Sarathi International Inc., No. 13, 3rd “D” Main, J.P. Nagar 1st Phase, Bengaluru – 560078, India
Contact: +91 8042544254
Email ID: mail@sarathi.com
Time: +5:30 GMT