1. General
www.serena.in (hereinafter, the ‘Website’) is owned and operated by serena.
You are advised to read and understand these Terms of Service(Terms) carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Firm. These terms are to be read along with the Privacy Policy and any other policies on the Website.
This document is an electronic record under the laws of India which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and being generated by a computer system, it does not require any physical or digital signatures.
2. Definitions
For the purpose of these Terms, wherever the context so requires.
a. Content refers to any text, image, graphic, or all forms of data which are made available on the Website.
b. "Fee" means the fee payable for the services provided by the Website.
c. ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
d. Terms, Terms and conditions, Policy, T&C, Agreement shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website.
e. Third Party refers to any person other than the User the Firm, or the Website.
f. We, Us, Our, shall mean the Firm.
g. You, Your, User refers to the user of the site. User is anyone who is visiting, accessing, browsing or using the Services offered by the Website.
3. Service Overview
The Website is an e-commerce platform providing the Users access to natural products for, including but not limited to hair care, AYURVEDIC KIT, wellness, diet plans etc., (hereinafter referred as Services). The User can easily select, manage, edit and check-out the products from the cart.
4. Eligibility, Access and Registration
To fully avail the Services of the Website and use of it, registration is required. You may access the services by signing in as a User by providing the following information which shall include but not be limited to name, gender, mobile number, email id, address, date of birth etc.
Registration for this Website is available only to those above the age of 18 years, barring those Incompetent to Contract which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Firm reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or we have reason to believe that You have done so, We hold the right to permanently suspend Your account. In addition to this, You would be required to comply with the following:
a. You will not provide any false personal information.
b. You will not create/register an account for anyone other than yourself without permission.
c. You will not create more than one registered account/user profile. d. If Your registered account is suspended/disabled by Us, You will not create another account/user profile without our prior permission.
e. You will not use our Website if you are under the age of 13 years.
f. If the artists/content creator is below the age of 13 years, his/her account can be registered and operated by the parent with prior permission from Us.
You will not share Your registered account/user profile or let anyone else access your account, or do anything else that might jeopardize the security of your account.
5. Charges and Payment
Browsing the Website is free of cost. However, the User shall make payments towards any Service availed through the Website. The Website uses third party payment gateways, net banking, wallets to handle the financial transactions on the Website. The Website may change the payment gateway at any time without notice. We are not responsible for these third-party services. Such services are dependent on the respective third party’s legal terms. The billing details provided during payment should be up-to- date, such as the billing address and the User’s name. Payment information on the Website of Users using Our Services is stored on the database using basic encryption which can be decrypted to reveal the original information.
This information is provided to us by the third-party gateway services we use to provide online payment functionality, and hence, may contain certain personal information. We are not responsible for what information is sent to us and stored as this is sent to Us by a third party and We cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the user is their first name, last name and their address zip code.
6. Privacy Policy
The Privacy Policy is separately available on the Website, and can be perused by you at your convenience.
7. Third Party Contents/ADS
Our Website will incorporate information and ads from third party websites and also may use the user list for third party promotional activities or sending special offers of the affiliates. Our Website merely displays such information and is not responsible for the authenticity or content of such information from third party websites and applications.
8. User's Obligations
The User undertakes to fulfill the following obligations and failure to satisfy any of these obligations gives Us the right to permanently suspend Your user profile and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. You agree to comply with all local laws and regulations governing the use of the Website and its services, including, without limitation, any usage rules set forth in this Terms of Service.
b. You understand and agree that You will be liable for any damage or loss caused by Your actions on the Website and that such damage or loss will also be borne by You. The Firm shall in no what whatsoever be held responsible for any violations caused by you.
c. You undertake not to:
Cut, copy, distribute, modify, recreate, post, publish or create derivative works from, transfer, or sell any information or content obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non- commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should you want to engage in one or more such actions, prior permission from Us must be obtained.
Access (or attempt to access) the Website and/or the Contents or Services offered on the Website by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or to obtain or attempt to obtain any materials, documents or information, or contents through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other Users or Third Parties Ads that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report against such offensive contents to Us.
Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Firm’s services; (ii) any other party's use and enjoyment of the Firm’s services; or (iii) the contents of any Third Party. Use the Firm’s Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others. Engage in any activity that interferes with or disrupts access to the Website or the Firm’s Services (or the servers and networks which are connected to the Website). Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website.
Download any file or content posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner. Probe, scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website, or any network connected to the Website.
You may not reverse look-up, trace or seek to trace any information on any other user, or visitor of the Website, or exploit the Website or information or contents made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, or any affiliated or linked Websites. Use the Website, or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the our rights, or the rights of other Third Parties.
Violate any applicable laws or regulations for the time being in force within or outside India. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service provided by Us. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India.
The User hereby expressly authorizes the Firm/Website to disclose any and all information relating to the User in the possession of the Firm/Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Firm/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
9. Suspension of User Access and Activity
Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy.
b. If the User has provided wrong, inaccurate, incomplete or incorrect information.
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the sole discretion of the Firm.
d. The Firm shall not encourage any union or any 3rd party involvement in the services provided on the Website, and if it is seen that some 3rd party is getting involved, the Firm holds the right to cancel the particular company business plan or registered user’s funds.
10. Communication
By using this Website, and providing his/her identity and contact information to the Firm through the Website, the User hereby agrees and consents to receiving calls, auto-dialed and/or pre-recorded message calls, e-mails, SMSs, promotions, newsletters etc., from the Firm and/or any of its affiliates or partners at any time, subject to the Privacy Policy. The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Firm or any of its affiliates/partners relating to any Service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the User that any information shared by You with the Firm shall be governed by the Privacy Policy.
11. Data Storage and Security
We provide utmost data security and protection through reasonable securities and practices as defined by law from time to time. We provide adequate date security for the information collected by us. For further information on privacy and security of data please refer to the Privacy Policy on the Website.
12. Term and Termination
These Terms will remain in full force and effect while you are a User of the Website. The Firm hold the rights to terminate the agreement and suspend/cancel the registered user’s account.
The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or suspend or delete your User Profile and/or any content you have submitted on the Website. The Website may immediately terminate the agreement with you, deny you access to the Website and delete your User Profile in the event that you have breached any of these Terms of Service.
13. Intellectual Property
We place great emphasis on intellectual property. We own the trademarks and the user interface of our Website are all proprietary and the copyright belongs to us. All third party information and trademarks displayed on our Website is protected under the laws relating to copyrights, trade dress, trademarks and is owned by the respective third party. Unless otherwise expressly mentioned, all other content on our Website shall be reserved and use of any such intellectual property without prior consent or permission from the respected owners will amount to infringement will be subject to legal action by owners of such intellectual property.
We are not liable for any reviews, comments and feedbacks made on third party applications which are displayed on our Website, which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties.
You may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective User of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the Firm, and that at no point does any such intellectual property stand transferred to You.
You are further aware that any reproduction or infringement of the intellectual property of the aforementioned artisans by You will result in legal action being initiated against you by the respective artisans. It is agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14. Confidental Information
Confidential Information shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information, refer to the Privacy Policy here.
15. Disclaimer of Warranty
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website, services and other materials and contents provided by this Website are on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
a. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free.
b. Materials, information and contents obtained will be effective, accurate or reliable.
c. Any wrongdoing by the User including theft, sexual abuse shall not be Our responsibility.
d. Any errors or defects in the Website, services or other contents will be corrected to the maximum extent permitted by applicable law. We will have no liability related to your content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The User understands and agrees that any material, content or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. The Firm accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
e. In the event of any issues with online transactions performed on the Website, we shall not take up any liability and any transaction related issues shall directly be dealt between the Users and the concerned payment gateways and/or the concerned Banks.
We shall not be liable for any third-party product or services. The advertisement available on E-mail, or Website with respect to the third-party website or the products and services are for information purpose only.
16. Limitations of Liability
The services we provide are solely limited to the description provided in this Terms of Service and the Website. We will not be liable for information and errors from third party websites and applications. The Firm/Website is not responsible for any consequences arising out of the following events:
a. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
b. If the User has fed incorrect information or data or for any deletion of data.
c. If there is undue delay or inability to communicate through email.
d. If there is a failure in the functioning of any other service provided by the Website.
The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website.
Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
17. Indemnification
You agree to indemnify, defend and hold harmless the Firm including but not limited to its agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material/content caused damage to a third party, your violation of the Terms of Service, or your violation of any rights of another, including any intellectual property rights.
In no event shall the Firm, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, services, contents or materials. The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.
18. Governing Law
a. Arbitration:
These Terms of Service including the privacy policy shall be governed by Indian law. Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.
b. Applicable Law:
You agree that the laws of the State of Karnataka, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Bengaluru, Karnataka and we each agree to personal jurisdiction in those courts.
19. Severability
Any provision of these Terms of Service which is, or may be, void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect any other provision of these terms and conditions.
20. Contact Us
If you have any questions about this Agreement, the practices of the Firm, or your experience with the Website, you can e-mail us at support@serena.in.