Terms of Service
Terms and Conditions
Welcome to Daughter Earth (“Website” or “daughter.earth”).
This website is owned and operated by Daughter Earth brand of Eternite Elements Pvt Ltd.. Throughout the site, the terms “we”, “us”, “our”, and “DE”, refer to Daughter Earth or Eternite Elements Pvt Ltd.
Daughter Earth offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
In using the Daughter Earth, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email us at firstname.lastname@example.org.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Ownership of rights (Online Store Terms):
All rights, including copyright, in this website are owned by or licensed to Daughter Earth. All rights, title, and interest to the content displayed on the website (excluding user content, as defined below), including but not limited to the website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names and URL are the property of Daughter Earth. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Daughter Earth. The content, without the written permission of Daughter Earth, may not be distributed, downloaded, modified, edited, reused, reproduced, transmitted, performed, displayed or otherwise used by any mechanical or electronic means, except as provided herein. You may not modify, distribute or re-post something on this website for any purpose.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
- Website means our website daughter.earth on which the Goods are advertised.
- The description of the products is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All products which appear on the Website are subject to availability.
- We can make changes to the products which are necessary to comply with any applicable law or safety requirement.
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and timelines of content
Daughter Earth has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor and lighting, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Daughter Earth disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We attempt to be as accurate as possible when describing our products on the website. However, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
This site may offer health, wellness, fitness and nutritional information and is designated for education purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis and treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this site. The use of this information on this site is solely at your own risk. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health-care treatment, instructions, diagnosis, prognosis or advice.
Daughter Earth shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
Third Party Links: Links To Other Websites:
Our Service may contain links to third-party web sites or services that are not owned or controlled by Daughter Earth.
Daughter Earth has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Daughter Earth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Registration Data and Privacy
In order to access some services on Daughter Earth site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Daughter Earth does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Daughter Earth will be deemed non-confidential. By submitting any such information, you are granting Daughter Earth an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
You agree and confirm:
- To provide true, accurate, current and complete information about yourself as prompted by Daughter Earth registration form or guest details form (such information being the “Registration Data”).
- To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Daughter Earth has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Daughter Earth has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Daughter Earth for redelivery shall be claimed from you and you shall pay such cost.
- That you will use the services provided by Daughter Earth, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
- You will provide authentic and true information in all instances where such information is requested of you. Daughter Earth reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Daughter Earth has the right in its sole discretion to reject the registration and debar you from using the Services of Daughter Earth and or other affiliated websites without prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
- You consent to receive communications from us through automated calls, voice calls, text messages, Whatsapp messages, e-mails, notifications etc.
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws;
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Membership Program and its members
Customers have to fill and submit form to activate this facility and acknowledge that they are solely responsible for risks associated with activating online reward point redemptions and will not hold Daughter Earth or any of its subsidiaries responsible for any loss arising due to such transactions.
For online point redemptions, Daughter Earth reserves the right to obtain collateral authorization on members credit / debit card for the full value of the order, even if the member is redeeming sufficient points to meet the order value. Such authorization will be subsequently reversed upon successful capture of the reward points from the members Account.
By choosing to link your Membership with your Daughter Earth account and redeem your reward points online you agree that your credit/debit card will be authorized for the full value of your order, even if you have chosen to pay partly or fully by Reward Points redemption. If at the time of shipping your order, the reward point balance which you have chosen to redeem is available, then only the excess amount, if any, shall be charged to your credit/debit card.
However, if the reward point balance is insufficient at the time of shipping your order, your credit / debit card shall be charged for the shortfall in reward point balance.
Daughter Earth reserves the right, at our sole discretion, with regard to the limit as to the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Daughter Earth reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
While Daughter Earth strives to provide accurate product and pricing information, pricing or typographical errors may occur and when errors are discovered, we will correct them. Daughter Earth reserves the right to revoke any stated offer to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is cancelled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been cancelled.
Daughter Earth cannot confirm the price of a product until after you order.
Product listed at an incorrect price or with incorrect information due to an error in pricing or product information, Daughter Earth shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
If Item has been mis-priced, Daughter Earth may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Daughter Earth will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation.
In the event that Daughter Earth accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Daughter Earth dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.
We strive to provide you with the best value. Prices and availability are subject to change without notice.
Cancellation by Daughter Earth
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
However, Daughter Earth will ensure that any communication of cancellation of order, So cancelled is intimated to the concerned person within appropriate time, and any applicable refund will be made within 30 days.
Situations that may result in your order being canceled:
limitations on quantities available for purchase,
inaccuracies or errors in product or pricing information, or
problems identified by our credit and fraud avoidance department
order so placed/cancelled does not comply with website policy or
any other reason
We will inform you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your credit / debit card has been charged, the said amount will be reversed back in your Card Account within 30 days or next billing cycle of your credit card.
Cancelling or changing your order:
Daughter Earth will endeavour to organise the dispatch of your order as soon as we receive it.
If you have changed your mind about the order you made and would like to cancel or change it, please email email@example.com within 2 hours, quoting your order number as soon as possible.
Please be advised, if your order has already entered the dispatch process, it cannot be changed or cancelled.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
Daughter Earth’s Remedies in case of Fraudulent /Declined Transactions by you:
Daughter Earth and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently.
Right to initiate legal proceedings:
Daughter Earth and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
COMMUNICATIONS: (E-mail, Messaging, Blogging, and Chat Services)
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
When you communicate with us through the website or via other forms of electronic media, such as e-mail, you are communicating with us electronically (information communicated on the website). You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The information communicated on the website constitutes an electronic communication.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Other Modes of Communication:
You consent to receive communications from us through automated calls, voice calls, text messages, Whatsapp messages, e-mails, notifications etc.
We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.As our Products are Handmade and Natural color varies.
Weight of products written on the website is approximate as it's handmade and may vary, it is just for customer reference only.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Daughter Earth on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Daughter Earth property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Daughter Earth of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Daughter Earth owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Daughter Earth will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Daughter Earth is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.
Daughter Earth does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant Daughter Earth the right to use the name that you submit in connection with any Comments and the orders. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Daughter Earth and its affiliates for all claims resulting from any Comments you submit. Daughter Earth and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Representations and Warranties and Limitation of Liability
Daughter Earth products are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Daughter Earth will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through Daughter Earth , you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
Daughter Earth website is presented as 'As Is'. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than (7) seven days after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold harmless Daughter Earth its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Daughter Earth or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Limitation of Liability and Disclaimers
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.
The Website provides content from other Internet websites or resources and while Daughter Earth tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Daughter Earth will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Daughter Earth or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Daughter Earth to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
Daughter Earth , its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Daughter Earth assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Copyright & Trademark
Daughter Earth, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Daughter Earth or any third party's intellectual property rights.
All rights, including copyright, in this website are owned by or licensed to Daughter Earth. Any use of this website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Daughter Earth. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Daughter Earth, its affiliates, its partners or its suppliers.
All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Daughter Earth., endorsement, sponsorship or recommendation of the third party, information, product or service.
Daughter Earth is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
All software used on this Website is the property of Daughter Earth, or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Daughter Earth, one of its affiliates or by third parties who have licensed their materials to Daughter Earth and are protected by Indian and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Daughter Earth and is also protected by Indian and International copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such.
You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Daughter Earth and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected(Events beyond a party's reasonable control - including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
Daughter Earth shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under a Contract (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under a Contract, will:
- forthwith notify the other; and
- will inform the other of the period for which it is estimated that such failure or delay will continue.
The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
Daughter Earth will not be liable for any losses arising out of a Force Majeure Event.
This User Agreement is effective unless and until terminated by either you or Daughter Earth.
You may terminate this User Agreement at any time, by notifying us that you no longer wish to use our Services, or when you cease using our site.
Daughter Earth may in its sole discretion, terminate this User Agreement at any time and may do so immediately without prior notice, for any reason that Daughter Earth, in its sole discretion, deems appropriate and accordingly deny you access to the Site. Such termination will be without any liability to Daughter Earth. You further agree that Daughter Earth will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site.
In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability and Applicable Law shall survive any such termination.
Upon any termination of the User Agreement by either you or Daughter Earth, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.
Daughter Earth’s right to any Comments shall survive any termination of this User Agreement.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.
Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Daughter Earth will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Daughter Earth on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
- You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
- You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Severability of Agreement:
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW AND JURISDICTION:
This User Agreement shall be construed in accordance with the applicable laws of India.
The Courts at Hyderabad shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Daughter Earth and his/her decision shall be final and binding on the parties hereto.
The venue of such arbitration shall be in Hyderabad, Telangana, India. within India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India as if the Terms and Conditions were a contract wholly entered into and wholly performed within India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Daughter Earth website shall be referred to the sole Arbitrator appointed by the Chairman and Managing Director of Daughter Earth in accordance with the law.
The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.
The High Court of Telangana at Hyderabad alone shall have the jurisdiction and the Laws of India shall apply.
Any person attempting to make fraudulent credit card transactions or any other form of payments, will be prosecuted with no exception.
MODIFICATION OF TERMS AND CONDITIONS:
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Daughter Earth may reserve the right, in their sole discretion, at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond within 30 working days.