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TERMS OF USE

Spoorthyorganic.com (“the Site / Website”) is owned and operated by Spoorthy Organic Farmers Sole Propritership Firm (“Spoorthy Organic”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Spoorthyorganic.com website. 

For the purpose of these Terms of Use, wherever the context so requires "You", Your  or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The users are required to register on our website to purchase without registering on the Website. The term "We", "Us", "Our" shall mean Spoorthy Organic.com & Spoorthy Organic mobile app.

Your use of the Website and services and tools are governed by the Spoorthy Organic owing terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms of Use, You also accept and agree to be bound by Pride of Farmer’s Policies ((including but not limited to Privacy Policy available on (link of privacy policy) as amended from time to time. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Spoorthy Organic terms and conditions including the policies that constitute your binding obligations, with Spoorthy Organic.

1)Eligibility:- Services of the Site would be available to only select geographies in India at sole discretion of Spoorthy Organic. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minor, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the SPOORTHY ORGANIC website and shall not transact on or use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may and willing to use or transact the Site, such use or transaction may be made by your legal guardian or parents on the Site. Provided that the Parent/s and/or legal guardian using and transacting the Site on behalf the minor is/are registered user/s and shall be prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited. Spoorthy Organic reserves the right to terminate your membership and / or refuse to provide you with access to the Site if it is brought to SPOORTHY ORGANIC's notice or if it is discovered that you are under the age of 18 years

2) Your Account and Registration Obligations :-If you use the Website & Mobile App, You shall be responsible for maintaining the confidentiality of your login ID and Password and you shall be responsible for all activities that occur under your login ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. 
All Users have to register and login for placing orders on the site. You have to keep your account and registration details correct and updated for communications related to your purchases from the Site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

1)     Use of Platform and Services
1. All the products listed on the platform will be sold at MRP unless otherwise specified. These prices are subject to change with/without notification to you. you agree to pay for the price which is applicable and levied at the date of delivery.

2. Spoorthy Organic does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the manufacturers, producers/vendors. you are advised to independently verify the bona fides of any particular manufacturers, producers/vendors of whose products that you choose to deal with on the platform and use your best judgment on that behalf. 

3. Certain products like milk and other dairy products, bread, fruits, vegetables, eggs need to be consumed within 1-2 days of delivery or in accordance with the instructions or specifications of the manufacturers, producers, vendors made available on the package, if any. We recommend that you consume the same accordingly as any complaints regarding the quality, deficiency of a particular product will be addressed by the manufacturers, producers, vendors considering the follow of instructions or specifications of the manufacturers, producers, vendors.

4. Certain products like milk and other dairy products, bread, fruits, vegetables, eggs need to be stored in the refrigerator at a particular temperature level. We recommend that you store the same accordingly as any complaints regarding the quality; deficiency of a particular product will be addressed by the manufacturers, producers, vendors considering the adherence of storage guidelines.

5. The product images displayed on the platform are only for reference purpose. while every reasonable effort is made to maintain accuracy of information on the platform, actual product packaging, product size, weight, prices and such other product details may contain more and/or different information than what is shown on the platform. it is recommended not to solely rely on the information presented on the platform.

6. Spoorthy Organic neither make any representation or guarantee or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the platform. Spoorthy Organic accepts no liability for any errors or omissions, on behalf of manufacturers, producers/vendors.

7. Spoorthy Organic is only a retailer procuring products from manufacturers, producers/vendors. In case of complaints from the buyer pertaining to efficacy, quality, or any other such issues, users can notify the same to Spoorthy Organic and concerned manufacturers, producers/vendors shall be liable for redressing buyer complaints. in the event you raise any, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the manufacturers, producers/vendors and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.

8. call recording: Spoorthy Organic may contact via telephone, sms or other electronic messaging or by email with information about the service to be offered to you or any feedback thereon. any calls that may be made by Spoorthy Organic, by itself or through a third party, to the users pertaining to any order booking requests of a user may be recorded for internal training and quality purposes by Spoorthy Organic or any third party if any appointed by Spoorthy Organic.
   
9. Spoorthy Organic - use of the website and app (android)
i. you shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
a. Belongs to another person and which you do not have any right to;
b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the indecent representation of women (prohibition) act, 1986;
c. Is misleading or misrepresentative in any way;
d. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e. Harasses or advocates harassment of another person;
f. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
g. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h. Infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
i. Promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
j. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

l. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
m. Contains video, photographs, or images of another person (with a minor or an adult);
n. Tries to gain unauthorized access or exceeds the scope of authorized access to the platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the platform. throughout these terms of use, Pride of Farmer’s prior written consent means a communication coming from Pride of Farmer’s legal department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
p. Solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
q. Interferes with another user’s use and enjoyment of the platform or any third party’s user and enjoyment of similar services;
r. Refers to any website or url that, in our sole discretion, contains material that is inappropriate for the platform or any other website, contains content that would be prohibited or violates the letter or spirit of these terms of use;
s. Harm minors in any way;
t. Infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
u. Violates any law for the time being in force;
v. Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w. Impersonate another person;
x. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y. Threatens 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
z. Is false, inaccurate or misleading;

aa. Directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

ab. Creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

ii. You shall not use any “deep-link”, “page-scrape”, “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 platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the platform. we reserve our right to prohibit any such activity.

iii. You shall not attempt to gain unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform, by hacking, “password mining” or any other illegitimate means.

iv. You shall not probe, scan or test the vulnerability of the platform or any network connected to the platform nor breach the security or authentication measures on the platform or any network connected to the platform. you may not reverse look-up, trace or seek to trace any information on any other user of or visitor to platform, or any other buyer, including any account on the platform not owned by you, to its source, or exploit the platform or any service or information made available or offered by or through the platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the platform.

v. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Spoorthy Organic’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Spoorthy Organic or manufacturer/producer/vendor on platform or otherwise tarnish or dilute any Pride of Farmer’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. you agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the platform or Pride of Farmer’s systems or networks, or any systems or networks connected to Spoorthy Organic.

vi. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the platform or any transaction being conducted on the platform, or with any other person’s use of the platform.

vii. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the platform or any service offered on or through the platform. you may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

viii. You may not use the platform or any content on the platform for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Spoorthy Organic and/or others.

ix. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the information technology act, 2000 and the rules there under; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service tax, income tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. you shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

x. in order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. we will only use your information in accordance with these terms of use and privacy policy applicable to use of the platform.
xi. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. in this connection, you undertake that all such information shall be accurate in all respects. you shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

xii. You shall not engage in advertising to, or solicitation of, other users of the platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the platform or related to us. you may not transmit any chain letters or unsolicited commercial or junk email to other users via the platform. it shall be a violation of these terms of use to use any information obtained from the platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. in order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. you understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the platform) as necessary to satisfy any law, regulation or valid governmental request. this may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. in addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

xiii. We reserve the right, but have no obligation, to monitor the materials posted on the platform. Spoorthy Organic shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these terms of use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the platform and in your private messages. please be advised that such content posted does not necessarily reflect Spoorthy Organic views. in no event shall Spoorthy Organic assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the platform. you hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

xiv. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the platform.

xv. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the platform and that you may be involuntarily exposed to such offensive and obscene materials. it also is possible for others to obtain personal information about you due to your use of the platform, and that the recipient may use such information to harass or injure you. we do not approve of such unauthorized uses, but by using the platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the platform. Please carefully select the type of information that you publicly disclose or share with others on the platform.

xvi. Spoorthy Organic shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in dos/ddos (distributed denial of services), hacking, Pen testing attempts without our prior consent or a mutual legal agreement.

1)     Product Color, Images & Description
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. Product images that you see on our website are for representation only to enable you to get a fair idea about the products you want to order. The actual product could vary in terms of appearance, packaging etc. The product images and description provided on the website are on “as is” basis and without warranties of any kind expressed or implied. All information is believed to be accurate but is not guaranteed and subject to change. The product images, description and categories are solely provided for the purpose of your information and convenience without any expressed or implied warranties and liability of Spoorthy Organic. The image quality and colors of the product on the website shall depend on your monitor, we cannot guarantee that your monitor's display of any colors will be accurate. The product contains, caution notes are copied from the product pack and are accurate to the best of our knowledge.. 

2)     Variable Weight Orders
Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per Kg/gram indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery. 

3)     Pricing
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. While the price charged to customers will not change, there may be a variance between the order value and the final amount charged for products sold by weight. The exact weight of commodities, fruits or vegetables may vary slightly from what you have ordered so the price may vary to that extent 

4)     Payment
While availing any of the payment method/s available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
•         Lack of authorization for any transaction/s, or
•         Exceeding the preset limit mutually agreed by you and between "Bank/s", or
•         Any payment issues arising out of the transaction, or
•         Decline of transaction for any other reason/s
•         All payments made against the purchases/services on websites by you shall be compulsorily in Indian Rupees acceptable in the republic of India. a website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the website.
•         Before shipping / delivering your order to you, we may request you to provide your ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done to provide you a safe shopping experience.

You understand, accept and agree that the payment facility provided by Spoorthy Organic is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the Spoorthy Organic website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Spoorthy Organic is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. 

Please note that as a standard procedure, any refunds against the order will be made into Pride of Farmer’s wallet of your account with us automatically. In the event you wish your refund to credit/debit/bank account used to make the original payment please write to us via email or call our customer support centre. 

1)     Product Delivery and Inspection by Customer
We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions, in the event that your delivery is stolen from your doorstep or from security guards or damaged while there, we do not accept liability as such, However, we might be offered compensation at our sole discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website.

We endeavor to keep your delivery time the same you mentioned while placing your order, but we reserve the right to change it temporarily or permanently and will tell you if we do so. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike / 'band' actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for products unless or until we have delivered them to you. We will not charge you for incorrect products (products that you have not ordered and substitutes for those products which substitutes are not acceptable to you) or products which we have not delivered in accordance with these terms and conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered subject as provided in clauses in mention this document. 

In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products. Should there be an error in the description or price of goods in the catalogue, Spoorthy Organic reserves the right to supply goods at the correct price. 
 
1)     Bookings and Financial Terms
The platform allows you to place order bookings for subscription or otherwise and we will, subject to the terms and conditions set out herein, enable the delivery of such order to you. Spoorthy Organic retains the right to accept or reject your subscription booking or order bookings at its sole discretion and fulfillment is subject to availability of stocks. Spoorthy Organic shall make good faith efforts to fulfill orders but it is under no mandatory obligation to do so in case of reasons beyond control, more particularly detailed hereunder.

You understand that any order that you place shall be subject to the terms and conditions set out in these terms of use including, but not limited to, product availability and delivery location serviceability.

As a general rule, all orders placed on the platform are treated as confirmed.

However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid. for this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. it shall be your sole responsibility to bring any incorrect details to our attention.

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability of products or change in the price of the order as informed to us. 

All payments made against the purchases/services on the platform by you shall be compulsorily in Indian rupees acceptable in the republic of India. The platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the platform. you can pay by (i) credit card or debit card or net banking; (ii) any other rbi approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. you understand, accept and agree that the payment facility provided by Spoorthy Organic is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Spoorthy Organic is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

You agree to pay us for the total amount for the order placed by you on the Spoorthyorganic.com. 

The user shall also be liable to pay any additional charges and/or applicable taxes if any which may be applicable to each transaction.
In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. you agree to pay us for the order placed by you on the platform, in accordance with these terms, using the methods described under clause vii (6) above. you hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the platform. if you are directed to our third-party payment processor, you may be subject to the terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. please review such terms and conditions and privacy policy before using the platform services. once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

All the products listed on the platform will be sold at MRP unless otherwise specified. the prices mentioned at the time of ordering will be the prices charged on the date of booking the order. although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. in case the prices are higher or lower on the date of actual delivery additional charges will be collected or refunded or adjusted as the case may be from the wallet balance.

The manufacturer/producer shall be solely responsible for any warranty/guarantee of the products sold to the buyers and in no event shall be the responsibility of Spoorthy Organic since we are merely resellers.

1)     Delivery Requirements
To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected day / Date. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window day / date, we will use commercially reasonable efforts to contact you and reschedule delivery (a ……. redelivery fee may apply) for the same day. In such a case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a cancellation fee as described above. 

2)      Delivery
All deliveries made as per your orders placed shall be subject to delivery charges as decided by Spoorthy Organic from time to time plus government taxes as applicable. Spoorthy Organic reserves the right to change its Fee Policy from time to time. Any changes in the delivery charges shall be posted on our website. Delivery will be made to the address specified by you on the order form. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If you are not at home or unavailable when we reach, we will schedule a redelivery for you at an additional cost. 

We will deliver your order to the main entrance of the delivery address. We always reserve the right to deliver only to the main entrance of the delivery address. We shall not be liable directly or indirectly for any special request by you to our delivery associate to deliver the order to any other place than the main entrance of the delivery address.

3)  Cancellations, Return & Refunds
A. Cancellation
i. After making an online subscription or payment for a particular order/ product, you as a customer can cancel your delivery for a particular day/order anytime up to the cut-off time (i.e. 10.00 pm of the day preceding the date of actual delivery of product) by creating a vacation on the platform or by getting in touch with our customer service centre. you can also end the vacation before the cut off time when you want to recommence the delivery.

ii. In the event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. in such an event you will be entitled to cancel the subscription/order and shall be entitled to a refund in accordance with our refund policy.

iii. we reserve the sole right to cancel your order in the following circumstances:

a. in the event of the designated address falls outside the delivery areas / zone / pin codes offered by us;

b. failure to contact you by phone or email at the time of confirming the order booking;

c. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

d. unavailability of all the items ordered by you at the time of booking the order; or

e. unavailability of all the items ordered by you at the time of booking the order; or

f. in case the delivery person is not allowed inside your compound, community or society or any other reason beyond control causing movement of the delivery person including but not limited to law and order situation.

B) Returned & Refund
We have a "No Questions Asked Return and Refund Policy" which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back within a period of 2 days of delivery and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. It takes between 5-7 days for the credits to reflect in your account. For cash on delivery orders, the Delivery Associate will deduct the price of the products returned by you from the total bill. You will be required to only pay the balance for the products you have accepted

1. You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the platform and only in the event of any of the following circumstances:

a. your order packaging has been tampered or damaged or spilled at the time of delivery and you have not accepted the delivery;

b. Incase if we cancel your order due to (a) your delivery location following outside our designated delivery areas / zones; (b) failure to contact you by phone or email at the time of confirming the order booking; or (c) failure to contact you by phone or email at the time of confirming the order booking; or

c. you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

2. Our decision on refunds its applicability, etc in all cases shall be at our sole discretion and shall be final and binding.

3. in case of payment at the time of delivery, you will not be required to pay for:

i. orders where the packaging has been tampered or damaged or spilled by us;

ii. wrong order being delivered; or

iii. to the extent of the value of the item/s, missing from your order at the time of delivery.

4. you shall be entitled to return the product in following cases:

i. wrong order being delivered

ii. item substantially damaged or deteriorated in quality

5. you can return the product to our delivery partner at the time of receipt of product. alternatively, you can return the product by contacting our customer care for the same. it is hereby clarified that no returns shall be accepted after the packaging of product is opened or product is consumed either in part or otherwise by you.

4)  Modification of Terms & Conditions of Service 
Spoorthy Organic may at any time modify, add or remove any portion of 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. 
       You shall be liable to update yourself of such changes, if any, by accessing the changes on the platform. You shall, at all times, be responsible for regularly reviewing the terms of use and the other Spoorthy Organic policies and note the changes made on the platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended terms of use and other Spoorthy Organic policies. As long as you comply with these terms of use, Spoorthy Organic grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the platform. By accepting these terms of use, you also accept and agree to be bound by the other terms and conditions and Spoorthy Organic policies (including but not limited to cancellation & refund policy, privacy policy as may be posted on the platform from time to time.

5)  You Agree and Confirm
1. 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 Spoorthy Organic for redelivery shall be claimed from you.

2. if you choose to use the platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. we shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these terms of use.

3. As we are providing services in selected cities in India, we have complied with applicable laws of India in making the platform and its content available to you. In the event the platform is accessed from outside India or outside our delivery cities / areas / zones / pin codes, it shall be entirely at your risk. we make no representation that the platform and its contents are available or otherwise suitable for use outside select cities. if you choose to access or use the platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.

4. You shall at all times be responsible for the use of the services through your computer or mobile device and for bringing these terms of use and Spoorthy Organic policies to the attention of all such persons accessing the platform on your computer or mobile device.

5. You understand and agree that the use of the services does not include the provision of a computer or mobile device or other necessary equipment to access it. you also understand and acknowledge that the use of the platform requires internet connectivity and telecommunication links. you shall bear the costs incurred to access and use the platform and avail the services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

6. You agree and grant permission to Spoorthy Organic to receive promotional SMS and E-mails from Spoorthy Organic or allied partners. In case you wish to opt out of receiving promotional SMS or Email please send a mail to care@Spoorthyorganic.com.

7. By using the platform you represent and warrant that:

i. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

ii. Your use of the platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

iii. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

iv. You will not use the platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

v. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the platform.

vi. You will not use another person’s username, or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

vii. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet.

viii. You will not delete or modify any content of the platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

ix. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interests.

x. You shall not access the platform without authority or use the platform in a manner that damages, interferes or disrupts:

a. Any part of the platform or the platform software; or

b. Any equipment or any network on which the platform is stored or any equipment of any third party

8. You release and fully indemnify Spoorthy Organic and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the users of the platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts on that behalf, Spoorthy Organic cannot take responsibility or control the information provided by other users which is made available on the platform. You may find other user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the platform.

1)      Access to the platform, accuracy and security
1. We endeavor to make the platform available during the day. However, we do not represent that access to the platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

2. We do not warrant that the platform will be compatible with all hardware and software which you may use. we shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the platform or your obtaining any material from, or as a result of using, the platform. we shall also not be liable for the actions of third parties.

3. We do not represent or guarantee that the information available on the platform will be correct, accurate or otherwise reliable.

4. We reserve the right to suspend or withdraw access to the platform to you personally, or to all users temporarily or permanently at any time without notice. we may any time at our sole discretion reinstate suspended users. a suspended user may not register or attempt to register with us or use the platform in any manner whatsoever until such time that such user is reinstated by us.

2)      Relationship with operators if the platform is accessed on mobile devices
1. In the event the platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, apple, google, android (each being an “operator”).

2. Your download, installation, access to or use of the platform is also bound by the terms and conditions of the operator.

3. You and we acknowledge that these terms of use are concluded between you and us only, and not with an operator, and we, not those operators, are solely responsible for the platform and the content thereof to the extent specified in these terms of use.

4. The license granted to you for the platform is limited to a non-transferable license to use the platform on a mobile device that you own or control and as permitted by these terms of use.
5. We are solely responsible for providing any maintenance and support services with respect to the platform as required under applicable law. you and we acknowledge that an operator has no obligation whatsoever to furnish any maintenance and support services with respect to the platform.

6. You and we acknowledge that we, not the relevant operator, are responsible for addressing any claims of you or any third party relating to the platform or your possession and/or use of the platform, including, but not limited to: (i) any claim that the platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

7. You and we acknowledge that, in the event of any third party claim that the platform or your possession and use of the platform infringes that third party’s intellectual property rights, we, not the relevant operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

8. You must comply with any applicable third party terms of agreement when using the platform (e.g. you must ensure that your use of the platform is not in violation of your mobile device agreement or any wireless data service agreement).

9. You and we acknowledge and agree that the relevant operator, and that operator’s subsidiaries are third party beneficiaries of these terms of use, and that, upon your acceptance of these terms of use, that operator will have the right (and will be deemed to have accepted the right) to enforce these terms of use against you as a third party beneficiary thereof.

That you will use the services provided by the site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the site.

You will provide authentic and true information in all instances where such information is requested of you. Spoorthy Organic 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), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

That you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site.
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 included in the item's description.
You may not use the Site 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 or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems. 
• Interfering with any other person's use or enjoyment of the Site. 
• Breaching any applicable laws; 
• Interfering or disrupting networks or web sites connected to the Site. 
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. 
• You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means

6)  Governing Law and Jurisdiction
This user agreement shall be construed in accordance with the applicable laws of India. These terms of use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this platform, shall be subject to the jurisdiction of the courts at Pune.
Pune shall have exclusive jurisdiction in any proceedings arising out of this agreement.

7)  Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the site on or by this site or otherwise disclosed, submitted or offered in connection with your use or access of this Site (collectively, the "Comments") shall be and remain the property of Spoorthy Organic. Such disclosure, submission or offer of any comments shall constitute an assignment to Spoorthy Organic of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Spoorthy Organic 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. Spoorthy Organic 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.

Spoorthy Organic 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 site 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 libelous 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". Spoorthy Organic 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 site. You grant Spoorthy Organic the right to use the name that you submit in connection with any comments. 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 Spoorthy Organic and its affiliates for all claims resulting from any Comments you submit. Spoorthy Organic and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.

8)  Copyright & Trademark
Spoorthy Organic, 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 Spoorthy Organic or any third party's intellectual property rights. All rights, including copyright, in this website are owned by Spoorthy Organic. 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 Spoorthy Organic. 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 Spoorthy Organic, 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 Spoorthy Organic endorsement, sponsorship or recommendation of the third party, information, product or service.

Spoorthy Organic 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 Spoorthy Organic 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, trade dress and/or other intellectual property owned, controlled or licensed by Spoorthy Organic, one of its affiliates or by third parties who have licensed their materials to Spoorthy Organic 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 Spoorthy Organic and is also protected by Indian and international copyright laws.

9)  Indemnity
You agree to defend, indemnify and hold harmless Spoorthy Organic, 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 Spoorthy Organic 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.

10)  Severability
if any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.


11)  Termination
This user agreement is effective unless and until terminated by Spoorthy Organic. Spoorthy Organic may terminate this user agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, such termination will be without any liability to Spoorthy Organic. Upon any termination of the user agreement by Spoorthy Organic, 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. Pride of Farmer's right to any comments shall survive any termination of this user agreement. 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.

12)  Disclaimer of Warranties and Liability
This website, all the materials, products and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Spoorthy Organic does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading. 
• Spoorthy Organic will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the website. Spoorthy Organic does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.  

13)  Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: 
The Grievance Officer 
Spoorthy Organic Farmers
Address: Gat no – 1456, Village – Chambli, Tal – Purandar,
Dist:- Pune, Pin – 412301.
Email:- Contact@spoorthyorganic.com  
Last updated on 21st Feb 2024
 

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