TERMS OF SERVICE

Thank you for accessing The Better India Shop, a platform designed as a marketplace for merchants and products that make the impact (hereinafter referred to as the Services) through an easy to access digital portal on https://shop.thebetterindia.com/.

The Services are owned and operated by Vikara Media Private Limited, a company formed under the Companies Act, 1956 (hereinafter referred to as “TBI”, “We”, “Us”, “Our” and its different connotations). In order to use the Services, you must first agree to the Terms of Use.

These Terms of Use (“Terms”) are applicable to anyone who desires to list their products on platform to sell to their customers (“Sellers”) and anyone visiting our portal or using our Services (together called as “Users” or “You”).

  1. TERMS OF USE

By using our Services and/or clicking to accept the Terms of Use wherever provided will be taken as acceptance of the Terms of Use from that point onwards and concluding a legally binding contract with us.  If you are a parent or guardian and you provide your consent to your child’s use of the platform, you agree to be bound by these Terms in respect to their use of the platform. By your continued access or use of the platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to this Terms, promptly exit this page and stop accessing the Services.

 

  1. USER DATA

In order to use the Services, you may or may not establish an account (“Account”) by registering with us. For the avoidance of doubt, even if you do not establish an Account, these Terms are applicable to you. Account creation requires you to provide an email address and password (“Account Credentials”) and certain other personal information, as that term is used in our privacy policy; additionally, you shall furnish other information such as and all other information collected as per the privacy policy (collectively, “User Data”) as part of your use of Services you should:

  1. Provide true, accurate, current, and complete information about yourself as prompted during the account creation/registration process, and
  2. Maintain and promptly update the User Data to keep it accurate and current. You agree that we may use your User Data to provide you Services, if any information that is inaccurate or not current, some of the Services may not operate correctly. Additionally, if you provide any information for the purposes of fraudulent or criminal activities, or we have reasonable grounds to suspect that such information has been provided, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
  3. We will not be liable for any fault in our Services due to the lack of, incorrect, false information provided by the Users.
  4. We reserve the right to refuse registration of, or cancel, Account if it is deemed inappropriate.

 

  1. THIRD PARTY SERVICES AND LOGINS

You may enable or log in to the Services via various online third party services, such as email, social media, and social networking services including but not limited to Gmail, Facebook and/or Twitter (“Third Party Services”). By logging in or directly integrating these Third Party Services into the Services, we make your online and mobile experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Third Party Services on the websites of their respective providers. As part of such integration, the Third Party Services will gain access to certain information that you have provided to us, including personal information, and they will use, store, and disclose such information in accordance with their individual privacy policies. The manner in which Third Party Services use, store, and disclose your information is governed solely by their individual privacy policies and terms and conditions. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Third Party Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Services. We enable these features merely as a convenience to the Users.

 

  1. PASSWORD AND SECURITY DISCLAIMER

You are responsible for maintaining the security of your Account Credentials and for all Services accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party. We reserve the right to suspend your Account and/or required that you alter your password if we believe for any reason that your password is no longer secure.

We try to use reasonable security measures to protect against unauthorised access to your Account. We cannot, however, guarantee the absolute security of your Account, your User data or the content, or the personal information or location information you provide, and we can’t promise that our security measures will prevent third party hackers from illegally accessing the Services or its contents. You agree to immediately notify us of any unauthorized or suspected unauthorised use of your Account or password or any other breach of security, and to content, or any other information you provide in connection with your use of the Services.

You understand that if you delete your Account, or if we delete your Account, you may lose access to any data previously associated with your Account.  Even if your Account is deleted some of your personal information will be stored in the backup server, hence, if you urge to delete all your personal information permanently, the same must be intimated to us via email. You acknowledge and agree that you shall have no ownership or other proprietary interest in any Account that you create using any of our Services.

 

  1. LICENSE TO USE AND INTELLECTUAL PROPERTY RIGHTS

We hereby grant you the limited right to access, view and use the platform only for the purposes of accessing, viewing, posting or submitting User material, using the embedded link function, for accessing information, applications, and services.

We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the platform. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us.

Unless you have received specific written permission from us, you may not

  1. “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the platform;
  2. alter or modify any content on the platform; or
  3. pose a link or gain unauthorized access to any portion of the platform.

Without limiting other restrictions, you agree not to reproduce, transmit, sell or otherwise exploit the platform for any commercial purpose.

All third-party trade names and trademarks are owned by TBI and their respective owners and make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third-party communications.

 

  1. USER CONTENT

We offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. You retain ownership of any intellectual property rights that you hold in the content.

We will not be held responsible or liable for any of the User Content provided by you on our platform. We shall at our own discretion remove any content if we consider necessary to do so.

You warrant and represent that your content, and the content of any website from which you include a link to any site, or to which you post a link from a site, will not be inappropriate and you also agree and acknowledge that you will not make any attempts to avoid or undermine any protections that we may put in place for the security and operation of platform. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:

  1. it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
  2. it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
  3. it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
  4. it prejudices any active or pending legal proceedings of which you are aware;
  5. it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
  6. it infringes any intellectual property rights proprietary to us or any third party;
  7. it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
  8. it advertises or promotes any product or service or makes any requests for donations or financial support;
  9. it is spam or junk content;
  10. it impersonates another person or otherwise misrepresents your identity, affiliation or status;
  11. it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
  12. it is in breach of these Terms.

 

  1. TERMINATION OF ACCOUNT

We reserve the right to terminate your Account in case of your contravention of these Terms or any other conduct relating to the use of Services. In addition to anything given in the Terms:

  1. If we have reason to believe that you have contravened any law, for the time being in force, we may terminate your Account.
  2. If you use your Account to “SPAM” Users, visitors we may terminate your Account.
  3. Uploading of any malware on the website or any of our services, deliberately, and causing problems to other users will result in termination of your Account.
  4. Using the Services, for a purpose that it was not intended may result in deleting of your information.

 

  1. RULES OF CONDUCT

You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times. Notwithstanding any other provision of these Terms you agree and undertake not to:

  1. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
  2. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
  3. Create software which mimics any data or functionality in the Service;
  4. Use or deal in the Service except as permitted by these Terms;
  5. Include contact details intended to enable communication outside of the Service, in any communication;
  6. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
  7. Make any public, business or commercial use of the Service or any part of them;
  8. Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without the prior written consent of the Company;
  9. Make the Service or any part of it available to any third-party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
  10. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
  11. Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for securing an unfair advantage over other users, and you expressly give consent to us for monitoring your computer’s random-access memory for identifying said unauthorized third-party programs.

 

  1. PAYMENT MECHANISM

All payments by Users shall be through the payment mechanism put in place by us.

Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.

 

  1. REFUND POLICY

We shall facilitate refund of the amount paid by you in two instances. They are as follows:

  1. If the products which are ordered by you are yet to be packed, processed and dispatched; and
  2. If the products acknowledged by you are found in a mutilated or damaged condition and has failed to retain its fundamental attributes.

 

  1. DISCLAIMER OF WARRANTIES

Your use of the Services and access to our platform will be at your own risk and are provided “as is”, “as available” and “with all faults”. We do not warrant that the functions contained on the website and/ or in the mobile applications will be uninterrupted or error-free, that defects will be corrected, or that the services, systems, networks or servers that make them available are free of viruses or other harmful components.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the services and products on the Services or displayed or transacted or the content (including service and product information and/or specifications) on the website.

The Users are responsible for their interaction with other Users and Vendors on the Platform. The Users are expected to use their discretion and best judgment while interacting with other Users and Vendors of the Services. We will not be responsible for any loss or damage caused due to such interactions.

 

  1. LIMITATION OF LIABILITY

Users are held personally liable for any violation of a third party’s rights. You agree to reimburse us for all damages resulting from the culpable non-observance of the obligations of these Terms. Users shall release us from all eligible claims that other users or third-parties may file against us due to a violation of their rights by content posted by the User or due to a violation of other obligations. You shall assume our costs of the legal defense, including all court and legal fees, however, this condition does not apply if the User is not responsible for the infringement.

In no event we shall the be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the platform or any content provided on or through the platform.

 

  1. GENERAL REPRESENTATION AND WARRANTY

The Users represent and warrant that their use of the Services will be in strict accordance with our privacy policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in their country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which they reside).

 

  1. INDEMNIFICATION

The Users agree to indemnify us and hold us harmless, our contractors, licensors, and our respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of their use of the Services, including but not limited to the violation of these Terms by the Users.

 

  1. AMENDMENTS

We retain the right to modify these Terms (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by any competent court of law, (c) because of technical necessity, (d) in order to maintain our operations, (e) in the event of a change in market conditions, (f) for the benefit of the User.

No amendment will take place if such amendment would substantially disrupt the contractual balance between the User and us. Users will be informed of any amendments to the Terms via the platform or via notice by email or in writing.

 

  1. SEVERANCE

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

 

  1. ASSIGNMENT

Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by us. Any attempted transfer or assignment in violation hereof shall be considered as null and void.

 

  1. WAIVER

No waiver of any terms of this Terms shall be treated as a further or continuing waiver of such term or any other term and our failure to assert any right or provision under this Terms shall not constitute a waiver of such right or provision.

 

  1. GOVERNING LAWS AND JURISDICTION

This Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.

 

  1. CONTACT

We have authorized representatives who oversee any kind of queries, issues, and complaints regarding this Terms. However, these queries, issues, and complaints received to us will be meticulously examined and scrutinized before we revert. Hence, the contact details where you can address to VMPL with regards to this Terms of Use, via email or postal mail is as follows:

Name: The Better India

E-mail id: shop@thebetterindia.com

Address: 4, 4th A Cross Rd, HRBR Layout 2nd Block, Kalyan Nagar, Bengaluru, Karnataka 560043