Welcome to Earthen Soul

The terms and conditions as set out herein (“Terms”) constitute an agreement between

Earthen Soul Indigenous Products, having its registered office at No.161, 7th Cross, LG

Rose Heritage, Off Bande Hosur, New Airport Road, Bagalur, Bengaluru – 562149, India (“we”, “us” or “our”), which operates the website www.earthen-soul.com and a natural or legal person who accesses and/or uses Earthen Soul in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Earthen Soul Platform (“Service(s)”), as updated from time to time.  

For the purposes of these Terms: (a) “Earthen Soul Platform” means the www.earthen-soul.com which includes its corresponding mobile application/website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/websites/ tablets and digital modes as provided by us; (b) “Products” shall mean a diverse range of products listed on the Earthen Soul Platform from time to time and other products offered for sale to you on the Earthen Soul Platform; and (c) we and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

By using the Earthen Soul Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Earthen Soul Platform. If you have any questions about the Terms, please contact us at support@earthensoul.com. Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions about the Products as may be provided by us or our affiliates may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Earthen Soul Platform and transactions or dealings thereon.

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Earthen Soul Platform and for the purchase of Products thereof.

PART A – TERMS AND CONDITIONS FOR USAGE OF EARTHEN SOUL PLATFORM

1.     GENERAL

1.1  The terms and conditions for usage of the Earthen Soul Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Earthen Soul Platform, which provides a forum for you inter alia discover, select and buy Products listed on Earthen Soul Platform at the indicated price at any time, from the locations serviceable by us.

1.2  Please note that we may from time to time change the Terms of Use that govern your use of the Earthen Soul Platform. Every time you wish to use our Earthen Soul Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Earthen Soul Platform or suspend the operation of the Earthen Soul Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3  Your accessing, browsing, or otherwise using the Earthen Soul Platform indicates your agreement to these Terms of Use, the privacy policy of Earthen Soul Platform and any other policies or guidelines that may be applicable on the Earthen Soul Platform at the time of your access and usage of the Earthen Soul Platform and which may be updated from time to time (collectively, the “Agreement”).

1.4  This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.5  Earthen Soul Platform is only to be used for your personal non-commercial use, and information and solely for identifying Products, carrying out purchase of Products and processing returns and refunds, in accordance with return and refund policy, therefore, grant you a limited, revocable permission to access and use the Services.

1.6  By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement.

1.7  If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Earthen Soul Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user.

1.8  In the event we are made aware that a user is under the age of 18 and is using/browsing the Earthen Soul Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

1.9  By accepting this Agreement, you affirm that proceeds of any illegal and/or immoral activities are not used to carry out the purchase of Products on the Earthen Soul Platform.

1.     COMMUNICATION

 

2.1  By accepting the Terms of Use, you also accept to receive news, updates, offers/campaign-related SMS to the mobile phone number, e-mail, and postal address provided by you. By accessing and using the Earthen Soul Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means or physically at your address) from us and/or our authorized representatives regarding any new services or offerings.

2.2  You can unsubscribe/opt out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions in such communications.

1.     REGISTRATION OF YOUR ACCOUNT

3.1  During the purchase of products on the Earthen Soul Platform and/or avail of the services, you will have the option to register on the Earthen Soul Platform. These details are non-transferable.

3.2  You are solely authorized to operate the account created by you. You shall remain solely liable for all the actions undertaken through your account.

3.3  You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. If we found a breach or suspected breach of the security of your account, we may require you to change your password, or temporarily block or suspend your account.

3.4  You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you.

3.5  We reserve the right to refuse access to the Earthen Soul Platform, terminate accounts, or remove or edit content at any time without notice to you.

1.     AVAILABILITY AND ACCESIBILITY OF EARTHEN SOUL PLATFORM

4.1. We control and operate this Earthen Soul Platform from India and make no representation that the materials and the content available on the Earthen Soul Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Earthen Soul Platform from outside India, you are entirely responsible for compliance with all applicable local laws.

4.2.   The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.

4.3.  We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing of referral vouchers fraudulently shall be liable for legal actions under law. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability.

1.     THIRD-PARTY INTERACTION AND LINKS TO THIRD-PARTY SITES

In your use of Earthen Soul Platform, you may enter into correspondence with, purchase goods and/or services from, or access any other third-party website linked to the Earthen Soul Platform. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

1.     DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

6.1  We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this Earthen Soul Platform, is correct at the time of inclusion on the Earthen Soul Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

6.2  Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Earthen Soul Platform. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

6.3  As means to assist the users in identifying the Products of their choice, we provide visual representations on the Earthen Soul Platform, including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide an accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

6.4  Nothing contained herein is to be construed as a recommendation to use any

Product, process, equipment or formulation in conflict with any patent or otherwise. We make no representation or warranty, express or implied, that the use thereof will not infringe any patent or otherwise.

6.5  We do not covenant or provide any representations and warranties:

1. a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Earthen Soul Platform;

1. b) that the Services will be made available at all times; and
2. c) that the operation of Earthen Soul Platform, including the functions contained in any content, information and materials on Earthen Soul Platform or any third-party sites or services linked to Earthen Soul Platform will be uninterrupted, or that the defects will be rectified, or that Earthen Soul Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

6.6  This Earthen Soul Platform and the Services are provided to you on an “as is” and

“where-is” basis, without any representations or warranties. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.

6.7  Disclaimer -To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Earthen Soul Platform.

6.8  The Earthen Soul Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice.

1.     COPYRIGHTS IN EARTHEN SOUL CONTENT

7.1  The Earthen Soul Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Earthen Soul Content”). All copyright and other intellectual property rights in the Earthen Soul Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Earthen Soul Content as part of Earthen Soul Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Earthen Soul Platform are either owned by or licensed to us.

7.2  You may use and display the Earthen Soul Content on your computer only for your own use.

1.     USE OF YOUR CONTENT

 8.1  You agree that we do not routinely monitor your postings on Earthen Soul Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Earthen Soul Platform or any of the Services, we will respond in any way that, in its sole discretion, we deem appropriate. 

8.2  Submissions and unauthorised use of any materials contained on the Earthen Soul Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Earthen Soul Platform or the use of the Earthen Soul Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

8.3  We reserve the right to terminate access to this Earthen Soul Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use.

1.     USER WARRANTIES AND RESTRICTIONS

9.1  You represent and warrant that: (a) your use of Earthen Soul Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Earthen Soul Platform and/or Services is true, accurate and lawful; (c) you shall not use our Products and Services for listing/advertising/sale on other e-commerce platforms. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to take appropriate action without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

9.2  You will use Earthen Soul Platform for lawful purposes only and will not undertake any activity that is harmful to Earthen Soul Platform or its content or otherwise not envisaged through the Earthen Soul Platform.

9.3      You will not do any of the following:

1. a) Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Earthen Soul Platform;

1. b) Make false or malicious statements against the Services, Earthen Soul Platform or us;

1. c) Introduce any trojans, viruses, any other malicious software, any bots or scrape Earthen Soul Platform for any information;

1. d) Hack into or introduce malicious software of any kind onto Earthen Soul Platform;

1. e) Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

9.4  You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Earthen Soul Platform, any information that:

1. a) belongs to another person and to which you do not have any right;

1. b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful towards someone’s religious/region sentiments, hateful towards someone’s political ideas, beliefs or any political party, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

1. c) harms minors in any way;
2. d) infringes any patent, trademark, copyright or other proprietary rights;
3. e) violates any law for the time being in force;
4. f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

1. g) impersonates or defames another person; or

1. h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

1. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your unlawful access to or use of Earthen Soul Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or rights.

1. GOVERNING LAW AND DISPUTE RESOLUTION:

11.1.  You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Earthen Soul Platform, Parties shall endeavour to amicably, through discussions, settle and resolve such dispute or difference within 30 (thirty) days from the commencement of such dispute. In case of such failure, the dispute shall upon the expiry of the aforesaid period, be resolved in the competent courts at Jaipur, Rajasthan.

11 .2. These Terms of Use shall be governed by the laws of India and the Parties agree to submit to the exclusive jurisdiction of competent courts at Rajasthan, India.

1. GRIEVANCE OFFICER:

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:

Name: Alloysius Gideon

Designation: Grievance Officer

Email Address: alloysius@earthen-soul.com

Customer Care Number: +91–8904006470

Office address: No.161, 7^th Cross, LG Rose Heritage, Off Bande Hosur, New Airport Road, Bagalur, Bengaluru – 562149, Karnataka, India

1. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.

1. WAIVER

No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

1. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.

1. AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Earthen Soul Platform. Your relationship with the Earthen Soul Platform will be governed by the most current version of these Terms of Use, as published on Earthen Soul Platform.

1. MISCELLANEOUS

17.1   In addition to these Terms of Use, you will also ensure that you comply with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.

17.2   These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Earthen Soul Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

1. NODAL OFFICER

Name: Alloysius Gideon

Designation: Grievance Officer

Email Address: alloysius@earthen-soul.com

Office address: No.161, 7^th Cross, LG Rose Heritage, Off Bande Hosur, New Airport Road, Bagalur, Bengaluru – 562149, Karnataka, India

PART B – TERMS AND CONDITIONS OF SALE ON EARTHEN SOUL PLATFORM

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Earthen Soul Platform. By placing an order for any Product with us or by making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.     OUR CONTRACT OF SALE

1.1.       Listing and display of a Product by us on Earthen Soul Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Earthen Soul Platform by you is your offer to buy the Product(s) from us.

1.2.     Once you have placed an order with us for purchase of a Product, you will receive a notification on the Earthen Soul Platform, an E-mail on the e-mail address shared by you and/or an SMS on your mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3.       We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and a notification is sent on Earthen Soul Platform and/or an SMS to your registered mobile number is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4.     If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.5.     Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Earthen Soul Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. 

1.6.     All orders placed on Earthen Soul Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

1.7.     You hereby represent, warrant and undertake that you shall use the Products purchased from Earthen Soul Platform for personal use, and/or use all such Products for onward sale to end consumers.

1.8.     You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially

Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority or any other applicable Indian laws.

1.         RETURN AND REFUND

Please review the returns policy and refund policy of Earthen Soul Platform, which applies to Products sold by us. Return and Refund

1.         PRODUCT AVAILABILITY

We list availability information for the Products on the relevant webpage of Earthen Soul Platform. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

1.         PRODUCT PRICING

4.1.       All prices are listed in Indian Rupees. Price, as displayed, are including applicable taxes unless stated otherwise on the Earthen Soul Platform.

4.2.       Products in your shopping cart of Earthen Soul Platform will reflect the most recent price as displayed on the Product’s information webpage on Earthen Soul Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart.

1.         TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

1.         ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Earthen Soul

Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on Earthen Soul Platform only with the involvement of a parent or guardian.

1.         LIMITATION OF LIABILITY

In no event, our aggregate liability, pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will under no circumstances be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss.

1.         AMENDMENTS

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

1.         FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

1.     WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

1.     GOVERNING LAW AND DISPUTE RESOLUTION

11.1.   You and us shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Terms of Sale (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be resolved in a manner acceptable to both the Parties.

11.2.   These Terms of Sale shall be governed by the laws of India and the Parties agree to submit to the exclusive jurisdiction of competent courts at Rajasthan, India.

1.     MISCELLANEOUS

12.1.  In addition to these Terms of Sale, you will also ensure that you comply with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

12.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product