Terms & Conditions

These Terms & Conditions (“Terms”) of (a) use of our website www.Carpediemorganics/our applications (collectively “Platform”), or any products or services in connection with the Platform. This Platform is owned by Carpediemorganics having its registered office at CARPE DIEM ORGANICS, BASEMENT-1, Near New Chetna Transport, BYEPASS SAWAI MADHOPUR CHUARAHA, Tonk, Rajasthan, 30400, India.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time and published in accordance with the provisions of Rule 3 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 Carpediemorganics marketplace platform – www.Carpediemorganics.com (hereinafter referred to as “Platform”)

Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, the use of the Platform, Services, and products carefully before using the Platform, Services, or products. In the event of any discrepancy between the Terms and any other policies with respect to the Platform or Services or products, the provisions of the Terms shall prevail.

Your use/access/browsing of the Platform or the Services or products or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and this to be legally bound by the same.

If You do not agree with the Terms or the Privacy Policy, please do not use the Platform or avail of the Services or products. Any access to our Services/Platforms/products through registrations/subscriptions is non-transferable.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Carpediemorganics”, “We”, “Us”, “Our” shall mean Carpediemorganics and its affiliates.

In the event the Terms conflict with any other document/policy / Content on the Platform, the Terms will prevail over them, for the purposes of usage of the Platform. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Platform in any way and should exit immediately.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

ACCOUNT

Use of this Platform is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Platform. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the Platform and shall not transact or use Platform. As a minor if You wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents who have registered as users of the Platform. The Platform reserves the right to terminate your membership and refuse to provide You with access to the Platform if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws
You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to – i) immediately notify the Platform of any unauthorized use / breach of your password or account and b) ensure that you exit from your account at the end of each session.
SERVICES

You are responsible for your acts and omissions.
The Platform provides services such as enabling Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”).
The Products can be purchased through the Platform through various methods of payments offered.
The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the ‘Return Policy’ tab on the Platform and all of which are incorporated here by reference).
It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and The Platform assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and The Platform assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
The Platform does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
DISCLAIMER OF WARRANTIES AND LIABILITY

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on The Platform 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, The Platform 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.
- The Platform 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 Platform.
- The Platform does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through The Platform; their servers; or electronic communication sent from The Platform are free of viruses or other harmful components;
- Nothing on The Platform constitutes, or is meant to constitute, advice of any kind;
- All the products sold on The Platform are governed by different state laws and if The Platform is unable to deliver such products due to implications of different state laws, The Platform will return or will give credit for the amount received by The Platform from the sale of such product, that could not be delivered to You;
- You will be required to enter a valid phone number while placing an order on The Platform. By registering your phone number with us, You consent to be contacted by The Platform via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. The Platform will not use your personal information to initiate any promotional phone calls or SMS’.
CONTENT POSTED ON PLATFORM:
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and The Platform has no control over such third party user generated content as The Platform is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
- You may use information on the products and services purposely made available on the Platform for downloading, provided that You
  - do not remove any proprietary notice language in all copies of such documents,
  - use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  - make no modifications to any such information, and
  - do not make any additional representations or warranties relating to such documents.
- You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of The Platform and you grant The Platform the worldwide, perpetual and transferable rights in such Content. The Platform shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content You provide. You agree that any Content You post may be used by The Platform, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
PROHIBITIONS
- The following actions will be considered as misuse of the website, and are thus prohibited:
  - Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
  - Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
  - Transmission of junk mails, spam or chain letters;
  - Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  - Posting unsolicited promotional or advertising content;
  - Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
  - Promoting an illegal or unauthorised copy of another person’s copyrighted work 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 file, providing or creating computer viruses;
  - Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.

USE OF WEBSITE
- You agree, undertake and confirm that your use of The Platform shall be strictly governed by the following binding principles:
  - You shall not host, display, upload, modify, publish, transmit, update or share any information that:
    - belongs to another person and to which You do not have any right to; or
    - that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, 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; or
    - misleading in any way; or
    - 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; or
    - harasses or advocates harassment of another person; or
    - involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
    - promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
    - 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]; or
    - 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; or
    - contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
    - provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
    - provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
    - contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
    - tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
    - engages in commercial activities and/or sales without The Platform’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, The Platform “prior written consent” means a communication coming from The Platform Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization; or
    - solicits gambling or engages in any gambling activity which The Platform, in its sole discretion, believes is or could be construed as being illegal; or
    - interferes with another user’s use and enjoyment of The Platform or any other individual’s user and enjoyment of similar services; or
    - refers to any website or URL that, in the sole discretion of The Platform, contains material that is inappropriate for the The Platform or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
    - harm minors in any way; or
    - infringes any patent, trademark, copyright or other proprietary 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 items; or
    - violates any law for the time being in force; or
    - deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
    - impersonate another person; or
    - 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, cancelbots, 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 identifiable information; or
    - threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
    - shall not be false, inaccurate or misleading; or
    - shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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
    - shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Platform reserves the right to bar any such activity.
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 The Platform’s server, computer, network, or to any of the services offered on or through The Platform, by hacking, password “mining” or any other illegitimate means.
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 The Platform, or any other customer of The Platform, including any The Platform account 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.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of The Platform or The Platform’s systems or networks, or any systems or networks connected to The Platform.
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.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to The Platform 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.
You may not use The Platform or any Content 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 Platform or others.
Solely to enable The Platform to use the information You supply us with, so that we are not violating any rights You might have in Your Information, 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. The Platform will only use Your Information in accordance with this Terms of Use and The Platform’s Privacy Policy.
From time to time, You shall be responsible for providing information relating to the items 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 over emphasize the attributes of such items or services so as to mislead other Users in any manner.
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 being displayed on The Platform or related to The Platform. 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 outside of The Platform without The Platform’s prior explicit consent. In order to protect our users from such advertising or solicitation, The Platform reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which The Platform deems appropriate in its sole discretion.
You understand that The Platform has 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.
The Platform reserves the right, but has no obligation, to monitor the materials posted on The Platform. The Platform 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 this Terms of Use. Notwithstanding this right of The Platform, 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 the views of The Platform. In no event shall The Platform 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 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, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through The Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. The Platform 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 third party advertisers on The Platform.
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 on the public forum due to your use of The Platform, and that the recipient may use such information to harass or injure You. The Platform does not approve of such unauthorized uses but by using The Platform You acknowledge and agree that The Platform is 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, or from The Platform on other social platforms (eg, but not limited to Facebook).
The Platform 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).
SELLING:
INDEMNITY:
TRADEMARK, COPYRIGHT AND RESTRICTION:
GUARANTEE OF PRODUCTS/SERVICES:

LIMITATION OF LIABILITY:
the use or the inability to use the Services or Products
unauthorized access to or alteration of the user’s transmissions or data
breach of condition, representations or warranties by the manufacturer of the Products any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service.
The Platform shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to The Platform.
The User understands and agrees that any material and/or data downloaded at The Platform is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.
To the maximum extend that is permissible under law, the Platform’s liability shall be limited to an amount equal to the Products purchased value bought by you.
The Platform shall not be liable for any dispute or disagreement between Users
USER INFORMATION:
INFORMATION COLLECTION AND USE BY THE PLATFORM:
USE OF COOKIES:
LINKING TO THIS WEBSITE:
PRIVACY:
TERMINATION AND SUSPENSION:

PLATFORM FEE:
The Platform Fee shall be specified on the check-out page on the Platform.
The Platform Fee shall be charged on the overall cart value.
The Platform reserves the right to modify/waive off the Platform Fee from time to time.
The Platform Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to the Platform.
RISK OF LOSS:
PRODUCT DESCRIPTION:
PRICING/TYPOGRAPHICAL ERROR:
CANCELLATION OF ORDER:
GRIEVANCE OFFICER:
INJUNCTION:
NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS:
GOVERNING LAW AND DISPUTE RESOLUTION:
ENTIRE AGREEMENT:
CUSTOMER CARE:

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