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Terms of Use

These terms of use (the “Terms of Use”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) use, access and transact on the online website <www.skynorganiccompany.com> (the “Platform”) which is owned and operated by [Franklin Laboratories India Herbals] (the “Company” or “We” or “Our”).

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By accessing, browsing and/or using the Platform in any manner, You accept this Terms of Use and agree to be legally bound by the same.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy and/or other such policy(s), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time. By using this Platform in any way or merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms of Use.

1. Privacy
1.1 Please review the Privacy Policy so that you may understand our privacy practices, to which you are legally bound.

2. Products and Services for Personal Use
2.1 The products and services described on the Platform, and any samples thereof We may provide to You, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from Us.

2.2 We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to You that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

3. Eligibility to Use
3.1 The products and services of this Platform are not available to minors, i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing services from the Platform under the applicable laws. If You are under 18 (eighteen) years of age, You may use the Platform only with the involvement of a parent or guardian who will be responsible/liable for your activities on the Platform, in accordance with Indian law.

3.2 The Company reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.

3.3 You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

4. User Account, Password, and Security
4.1 Account registration and information. In order to purchase any product and/or service on the Platform, You will have to register on the Platform by providing information about Yourself including Your personal information and sensitive personal information such as Your name, age, gender, address, electronic email address, contact details, location, financial information including your bank details, e-wallet details and such other details as may be required to create
an account on the Platform (the “Account”). Additionally, You may also be required to provide such other details, which may be in the form of preferences, likes, dislikes, interests, demographics etc., as may be sought by the Company, from time to time.

4.2 You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any
portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

4.3 You will be responsible for maintaining the confidentiality of the account information, and are fully responsible for all activities that occur under Your Account. You agree to (i) be solely responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password; (ii) immediately notify the Company of any unauthorized use of Your
Account information or any other breach of security, and (iii) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4.4 You agree and understand that if You are accessing, browsing, and using the Platform or availing the services on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to these Terms of Use, You agree to accept liability for availing the services and for any harm caused by any wrongful use of the Platform resulting from such access or use of the Platform in whatsoever nature.

4.5 The Company reserves the right to refuse any service and/or terminate accounts without prior notice if these Terms of Use are violated or if We decide, in Our sole discretion, that it would be in the Company’s best interests to do so.

5. Payment Services
5.1 You agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process the consideration and manage Your Financial Information (as defined below). Any dispute with regard to consideration shall be brought to the attention of the Company within 7 (seven) days from the date of purchase of the product or service on the Platform. In all cases, the decision of the Company will be final.

5.2 You undertake to provide the Company with valid payment card or bank details or third party wallet or any details required to pay the consideration for any purchase(s) (the “Financial Information”). By providing the Financial Information, You represent, warrant, and covenant that: (i) You are legally authorized to provide such Financial Information; (ii) You are legally authorized to make payments using such Financial Information; (iii) Such action does not violate the terms and conditions applicable to Your use of such Financial Information or applicable law. You agree that You are responsible for any fees charged by Your bank, e-wallet, service provider, etc. in connection with Your use of the payment services through Your mobile, computer or other electronic device. You agree that the Company shall have permission to use the Financial Information as described in the Privacy Policy. You may add, delete, and edit the Financial Information You have provided from time to time through the Platform.Information as described in the Privacy Policy. You may add, delete, and edit the Financial Information You have provided from time to time through the Platform. 

5.3 The Company shall not be responsible or liable for any payments that do not complete because: (i) You have not provided the Company with correct Financial Information; (ii) Your payment card has expired; or (iii) circumstances beyond Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

6. Use of Platform

6.1 Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform. You agree to use the Platform only: (i) for purposes that are permitted by the Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.

6.2 The Company also grants You a non-exclusive, revocable, limited privilege to create a hyperlink to the home page of the Platform for personal, non-commercial use only. You agree that a website that links to the Platform (i) may link to, but shall not replicate, any and/or all of Our content; (ii) shall not imply that We are endorsing such website or its services or products; (iii) shall not misrepresent its relationship with us; (iv) shall not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) shall not portray Us or Our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services, or opinions; and (vi) shall not link to any page of the Platform other than the home page. The Company may, in its sole discretion, request that You remove any link to the Platform, and upon receipt of such request, You shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by Us to resume linking.

6.3 You understand and agree that while using, accessing, browsing, etc. the Platform, You shall comply with these Terms of Use and the law of the land. You shall (i) always act in accordance with law, custom and in good faith; (ii) not make any change or alteration to the Platform or content or products or services that may appear on the Platform; (iii) not impair, in any way, the integrity or operations of the Company or the Platform. You agree that in case of any default or breach of the Terms of Use, You shall be liable for all the losses and damages that this may cause to the Company, our Affiliates, partners or licensors.

6.4 Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any content available on the Platform, subject to the following conditions:

  • You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
  • You shall not modify or alter the content available on the Platform;
  • You shall not distribute or sell, rent, lease, license, disclose or otherwise make any content on the Platform available to others without the prior consent of the Company;
  • You shall not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.;
  • You shall not collect Account information for the benefit of Yourself or another party;
  • You shall not use any meta tags or any other “hidden text” utilizing any and/or all Content;
  • You shall not use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

6.5 Any unauthorized use by you of the Platform or any and/or all of our content automatically terminates the limited privilege(s) set forth in this clause, without prejudice to any other remedy provided by applicable law or these Terms of Use.

6.6 You acknowledge and agree that by accessing or using the Platform, You may be exposed to content that You may consider offensive or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.

6.7 Further, while using, browsing, accessing, etc. the Platform, You undertake not to:  

  • defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
  • do any such thing that may harms minors in any way;
  • copy, republish, post, display, translate, transmit, reproduce or distribute any Company Property through any medium without obtaining the necessary authorization from the Company;
  • use the Platform or any material or Company Property 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 which infringes the rights of the Company or other third parties;
  • stalk or otherwise harass, including encouraging harassment of another, or harm any third party in any way;
  • impersonate any other User or person or entity, or falsely state or mispresent Your affiliation with any User or person or entity;
  • collect or store data about other Users in connection with the prohibited conduct and activities set forth herein;
  • collect or store personally identifiable data about other users;
  • violate any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property right of the Company, a user or any other third party;
  • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
  • violate the Terms of Use contained herein or elsewhere;
  • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
  • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or through the Platform, by hacking, password mining or any other illegitimate means;
  • Neither 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, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  • use any device or software 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;
  • access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Company Property (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Company Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
  • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

6.8 If the Company receives any complaint with respect to any activity by You on the Platform in violation of the Terms of Use, it shall have the right to terminate or suspend Your Account, without prior notice, and may permanently restrict access to the Platform through Your Account.

7 User Posts

7.1 You understand and agree that any unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide Us (collectively, “User Posts”), either through the Platform, email or through social media, etc. will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any User Post, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the User Post in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any User Post in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the User Post within or in connection with our products or services. You also acknowledge that the use of the User Post by the Company shall not entitle you to any form of consideration, compensation, damages, etc., for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products or services.

7.2 You represent and warrant that you own or otherwise control the rights to your User Post and that it does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You further represent and warrant that You shall not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Post. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any User Post or any damages arising from any User Post.

7.3 You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Post on the Platform, the Company’s social media, etc. and we reserve the right to change, condense, or delete any User Post. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to request You to remove any User Post that (i) violates the law, (ii) violates these Terms of Use, or (iii) is otherwise objectionable and/or harms the interests of the Company. Upon receipt of such request, You shall be liable to immediately remove such User Post failing which the Company reserves the right to undertake any action as per the Terms of Use or as applicable in law.

8  Additional offers, Features Etc.

8.1 The Company may offer certain special features, functionality, offers, promotions, etc. which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Use and/or (b) be offered by Us or by third parties. You understand and agree that if You choose to take advantage of these offerings, You agree that Your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies and that You have deemed to have consented to the same.

9 Intellectual Property Rights

9.1 The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof) is owned by the Company (the “Company Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Company Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use the Company Property without the prior written consent of the Company. Further, the trademarks, logos and service marks displayed on the Platform (the “Marks”) are the property of the Company.

9.2 Except as set forth in these Terms of Use, or as required under applicable law, neither the Company Property, the Marks nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

10 Representations and Warranties

You expressly understand and agree that, to the maximum extent permitted by applicable law:

10.1 The Platform and Company Property are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Company shall create any warranty not expressly stated in the Terms of Use.

10.2 You further agree that the Company 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 Platform; (c) non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control; (d) data non-delivery, wrong delivery, corruption, destruction or other modification; (e) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Platform; (f) computer viruses, system failures or malfunctions which may occur in connection with your use of the Platform, including during hyperlink to or from third party websites (g) any inaccuracies or omissions in content or (h) events beyond our reasonable control.

10.3 The Company endeavours to be as accurate as possible when describing Our products and/or services on the Platform. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Platform are accurate, complete, reliable, current, or error-free.

10.4 The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or information in connection with the Platform either with or without your knowledge. You further understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

10.5 You understand and agree that the products available on the Platform may contain certain ingredients, combinations, etc. that may cause allergic reactions to certain individuals or may adversely affect certain individuals with pre-existing medical conditions. You agree that it shall be Your sole liability to make Yourself aware of the ingredients and usage instructions, take proper precautions (eg: medical and/or dermatological advice) before using any product as available on the Platform to ensure that it is safe for You to use. You expressly agree that the Company shall not be responsible or liable for any product related issues including, without limitations, any allergic reaction(s) to You on account of using any product(s) available on the Platform.

10.6 The Company shall not be responsible for the content of any off-website pages or any other websites linked to or from the Platform. You understand and agree that such links appearing on the Platform are not an endorsement by Us, Our affiliates or Our partners of the referenced content, product, service, or supplier and that Your linking to or from any off-website pages or other websites is at your own risk and cost. The Company does 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. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

11 Indemnification and Limitation of Liability

11.1 You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its officers, directors, consultants, agents and employees (the “Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You in relation to the Your account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

11.2 In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Company Property on the Platform.

11.3 There shall be no liability on the company of any kind ,in any given circumstance(s).Only in case of company(s) defect, which shall be analysed and determined after the return, the liability would arose which in no event shall the maximum aggregate liability of the Company exceed the amount paid by You for availing the product or service in question from the Platform.

11.4 The limitations and exclusions in this clause apply to the maximum extent permitted by applicable laws.

12 Violation of the Terms of Use

12.1 You agree that any violation by You of these Terms of Use will constitute an unlawful practice, and will cause irreparable harm to the Company, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

13 Suspension, Termination and Removal

13.1 The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

13.2 The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically or are in violation of any law for the time being in force.

13.3 Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

14 Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at [Ludhiana, Punjab].

15 Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [care@skynorganiccompany.com].

16 Communications

You hereby expressly agree to receive communications by way of SMSs and/or e-mails from the Company, Client or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting [care@skynorganiccompany.com].

17 General

17.1 Entire Agreement: 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

17.2 Amendments: The Company reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

17.3 Notice: All notices from the Company will be served by email to Your registered email address/mobile number or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to [2nd floor,344/1 National Road, Ghumar Mandi civil, Ludhiana , Punjab-141001] with subject line - Attention: TERMS OF USE.

17.4 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights/liabilities hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of informing You or seeking Your consent.

17.5 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.

17.6 Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

18 IP Infringement

If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at [care@skynorganiccompany.com]. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf among with documentary proof of the same. However, any false claim by You may result in the termination of Your access to the Platform and appropriate action as permitted under law. You are required to provide the following details in Your notice:

  • the intellectual property that You believe is being infringed;
  • the item that You think is infringing and include sufficient information about where the material is located on the Platform;
  • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
  • Your contact details, such as Your address, telephone number, and/or email;
  • an undertaking that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  • Your physical or electronic signature.

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