Website Operator:
This website is operated by Kapaali Ayurved. Throughout the site, the terms “we”, “us”, and “our” refer to Kapaali Ayurved. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Acceptance of Terms:
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Usage Agreement:
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Updates and Changes:
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
E-Commerce Platform:
Our store is hosted on Shopify Inc., providing us with the online e-commerce platform that allows us to sell our products and services to you.
Online Store Terms
Age Requirement:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Prohibited Uses:
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.
Termination of Services:
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
Right to Refuse Service:
We reserve the right to refuse service to anyone for any reason at any time.
Content Transmission:
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Prohibited Actions:
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Accuracy, Completeness, and Timeliness of Information
We are not responsible for any inaccuracies, incompleteness, or outdated information presented on this site. The material provided is for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information. It is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These items may have limited quantities and are subject to return or exchange only according to our Return Policy.
We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing or shipping address. If we modify or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card details, to ensure we can complete your transactions and contact you as necessary.
For more details, please review our Returns Policy.
Optional Tools
We may provide access to third-party tools that we do not monitor, control, or have input over.
You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Our Service may include content, products, and services from third parties. Links on this site may direct you to third-party websites not affiliated with us. We do not examine or evaluate the content or accuracy of these third-party materials or websites, and we do not warrant or assume any responsibility or liability for them.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third-party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
User Comments, Feedback, and Other Submissions
If you send specific submissions (e.g., contest entries) at our request or send creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments must not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy of any comments you make. We take no responsibility and assume no liability for any comments posted by you or any third party.
Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content for the following purposes:
- (a) Any unlawful purpose.
- (b) Soliciting others to perform or participate in any unlawful acts.
- (c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- (d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
- (e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- (f) Submitting false or misleading information.
- (g) Uploading or transmitting viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or any related website, other websites, or the Internet.
- (h) Collecting or tracking the personal information of others.
- (i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
- (j) Any obscene or immoral purpose.
- (k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may remove the service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, and all products and services delivered to you through it, are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied. This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kapaali Ayurved, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service. This also covers any other claim related in any way to your use of the service or any product, including errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Kapaali Ayurved and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by law. The unenforceable part will be deemed severed from these Terms, and this determination will not affect the validity and enforceability of the remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes. These Terms of Service remain effective unless terminated by either party. You can terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. We may also terminate this agreement at any time without notice if, in our sole judgment, you fail to comply with any term or provision of these Terms of Service. In such cases, you will remain liable for all amounts due up to the date of termination and we may deny you access to our Services.
ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at in@kapaaliayurved.com.
