TERMS AND CONDITIONS FOR USERS / CUSTOMERS
1. Products and Services for Personal Use – The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You shall not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.
2. Accuracy of Information – We attempt to be as accurate as possible when describing our products on the Site; however we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
3. Pricing and Availability of Products – Please note that any errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
4. Charges to Seller Account – By purchasing delivery or related services from third parties from your account, you agree to pay the fees associated with those services directly to the carrier. We reserve the right to adjust charges after they are initially posted to reflect adjustments by the applicable carrier or other service provider we may limit or disallow services in our discretion.
5. Limitation on Liability – Wholistic You shall not be liable to you or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use, this website.
6. Disclaimer of Warranty – Separate terms and conditions may apply to certain products, services and materials available through this website. If this is the case, they will be brought to your attention. Subject to this, no express or implied warranties of any kind are made in respect of this website or the products, services and materials available through it.
7. Your Obligations and Responsibilities – By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. Any unauthorized use by you of the Site / Content automatically terminates the limited licenses.
8. Your Account – You may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account.
If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
9. Limited Licenses; Use Restrictions – We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
A. frame or utilize framing techniques to enclose the Site or any portion thereof;
B. make any use of the Site or any Content other than for personal use;
C. modify, reverse engineer or create any derivative works based upon the Site or any Content;
D. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
E. intentionally violate any applicable local, state, national or international law;
F. transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
10. Third Party Links – We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites 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 websites.
11. Intellectual Property Rights – All copyright and other intellectual property rights in the materials on this website are owned by Wholistic You unless otherwise indicated. You may download, print or copy any material from this website, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices. You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website in whole or in part, unless you have obtained the prior written consent of Wholistic You.
13. Indemnification – You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content.
14. General – You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, 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 Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site 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 Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
15. ARBITRATION – All disputes of differences arising under this terms and conditions will be settled mutually in an amicable manner by both the parties failing which the matter will be referred to arbitration and in such an event the provisions of Arbitration and Conciliation Act, 1996 shall apply. The place of Arbitration shall be at KOLKATA only.
16. JURISDICTION – These terms and conditions will be subject to the jurisdiction of competent courts in Kolkata City.