HI Wellness Private Limited, 212, 2nd floor, Okhla Phase III, New Delhi- 110020 is amongst one of the most recognized organizations that has been carrying organic farming for many years in India. It also owns an online- shopping portal called Fukamina. As much as it takes care of the requirements of its clients, it also applies certain terms and conditions in order to carry on a relationship of trust with its clients. All the users must have accepted to agree with the terms and conditions of our portal before and while using, browsing, accessing or making a purchase through Fukamina. Fukamina and its associates reserve all rights for taking any legal action against them, in case there is any kind of violation.
Agreement between customers and Fukamina
Delivery of the product shall be done within 5-10 working days.
APPLICABILITY OF THE AGREEMENT
1.1 The customer agreement or simply an Agreement involves all the terms and conditions for Fukamina and its affiliates or associate companies (being called Fukamina henceforth) in order to provide products to the person(s) who are intending to buy or inquire about any product of Fukamina through its websites or any other customer interface channels of Fukamina including its sales or marketing persons, call centres, offices, advertisements, information campaigns, public broadcastings etc.
1.2 Customer and Fukamina both will be considered individually as a ‘party’ to the agreement and referred to as ‘parties’ collectively.
INTERPRETATION AND GENDER
2.1 The terms and conditions will apply to both the singular and plural form of the terms that are being defined. On the requirement of a context, any pronoun shall include the corresponding masculine, feminine and neuter form. The phrase’ without limitation’ shall be used before the words ‘include’, ‘includes’ and ‘including’. If the context otherwise requires the terms ‘herein’, ‘hereto’, ‘hereof’, ‘hereunder’ and words of similar import will refer to this agreement as a whole.
3.1 The headings and subheadings are not intended to describe, define, interpret, limit the scope, extent or intent of this agreement, notices, terms and conditions or the right to use this website by the customer contained herein or any other section or pages of Fukamina but they are included for identification and convenience only.
3.1 In case of any event wherein terms, conditions and notices contained herein are in conflict with the additional terms or other terms and guidelines contained within any particular Fukamina website, then these terms shall control.
CUSTOMER’S RESPONSIBILTITY OF KNOWLEDGE OF THIS AGREEMENT
4.1 Customers purchasing products from Fukamina shall read, understand and accept the terms and conditions of this agreement, which shall decide the course of path of the desired transaction and provision of such products by Fukamina for all purposes and will be binding on the customer. The rights and liabilities of customer and/ or Fukamina with regard to any product to be provided by Fukamina will be restricted to the scope of this agreement.
4.2 In its sole discretion, Fukamina reserves the right to terminate the access to any or all Fukamina websites or its other sales channels and the related products or any portion thereof at any point of time, without notice for general maintenance or any reason of whatsoever nature.
4.3 Along with this agreement, there are few terms of service (TOS) which are specific to the product provided by Fukamina (Fukamin-A). These TOS will be provided or updated by Fukamina which shall be considered as a part of the agreement and in a scenario of conflict between this agreement and TOS, these terms of agreement will remain. All the relevant TOS for the service or product availed by the customer will be required to be read and accepted by the customer.
4.4 Also, the product provider- Fukamina will give the terms and guidelines governing the particular features, offering or operating rules and policies applicable to each product. The responsibility of complying with the terms and guidelines or operating rules and policies of Fukamina with whom the customer chooses to deal with, including terms and conditions set forth the rules, contract of carriage or other rules lies with the customer.
4.5 The products of Fukamina are offered to the customer on the acceptance without modification of all the conditions, terms and notices contained in this agreement and the TOS, as may be applicable from one point of time to another. In case of any doubts, it is clarified that the acknowledgement and acceptance of this agreement and TOS is done on the purchase of the product. In case of non-agreement of the terms and guidelines by the customer, customer must not avail any of the Fukamina products.
4.6 If any of the terms, conditions, notices contained herein are in conflict with the additional terms or other terms or guidelines contained within in any other Fukamina document, then these terms shall be prevalent.
THIRD PARTY ACCOUNT INFORMATION
5.1 On the use of Account Access service in Fukamina websites, the customer gives authorization to Fukamina and its agents to have access to third party sites like banks and other payment gateways, designated by them on the behalf for extracting requested information.
5.2 Customer must choose a password while registering and is solely responsible for maintaining the confidentiality of the password and account.
5.3 The responsibility of all the activities that take place while using the password or the account will be on the customer. If any unauthorized use of their password or account or any other breach of security has taken place, it is the duty of the customer to notify Fukamina immediately in writing. Fukamina cannot be held responsible for any loss and the same will be incurred by the customer as a result of unauthorized use of his password or account, with or without his knowledge. Anyone else’s password cannot be used by the customer at any point of time.
PAYMENT OF FEES
6.1 The right to charge listing fees for certain listings and transaction fees based on certain completed transactions using the services is reserved by Fukamina. It further reserves the right to alter fees from time to time, without prior notice.
6.2 The responsibility for all charges, fees, taxes, duties and assessments on buying a product will be completely on the customer.
6.3 Fukamina reserves the right to deduct/charge/claim the balance subsequent to transaction in case of a short charging, product or transaction fee or any other fee or service due to any technical or other reason.
6.4 In case of rare possibilities, where the product does not reach you for any reason, the refund will be processes by Fukamina and the same will be intimated to you. Thereafter, all the subsequent purchases will be considered as new transactions with no reference to the earlier unconfirmed order of purchase.
6.5 Any refunds against the non-delivery of order for any reason can be requested by the customer to Fukamina within 90 days from the date of departure of order. The applicable refunds will be then processed as per the defined policies of Fukamina. If the refund request is made after 90 days, no refund would be made and all the unclaimed amount for such a non- delivery of product shall be considered to have been forfeited.
7.1 The customer will maintain the confidentiality of any information specifically mentioned by Fukamina and shall not disclose it unless as required by the law or for the purpose of the agreement and the obligations of both parties therein.
USING MOBILE NUMBER OF THE CUSTOMER BY Fukamina
8.1 The order confirmation or dispatch information, cancellation, payment confirmation, refund status, schedule change or any such information relevant for transaction can be sent via SMS, voice call on the contact number provided by the customer at the time of purchase. Fukamina can also contact the customer by voice call, SMS, email in cases where the customer couldn’t or hasn’t concluded the purchase for any reason in order to know the preference of the customer for concluding the purchase and also to assist the customer for the same. The customer then must unconditionally give consent to such communications via SMS or voice call by Fukamina (a) upon request and authorization of customer (b) in compliance with the relevant guidelines of TRAI or any such other authority in India and abroad. (c) transactional and unsolicited commercial communication as per the guidelines of TRAI (Telecom Regulation Authority of India). IF any action is taken by TRAI, Access Providers ( as per TRAI regulations) or any other authority due to erroneous complaint raised by customer on Fukamina with regard to intimations mentioned above or due to wrong number or email id being provided by customer, then customer will indemnify Fukamina against all losses and incurred damages.
ONUS OF THE CUSTOMER
9.1 Fukamina is responsible only for the transactions done by the customer through Fukamina. Fukamina cannot be held responsible for screening, censoring or otherwise controlling transactions, whether the transaction is legal and valid as per the laws of the land that the customer belongs to.
9.2 The customer shall follow and abide all the additional procedures and guidelines, as modified from time to time with regard to the use of products. The customer must comply with all the applicable laws and regulations with respect to the use of products and their jurisdiction concerned for each transaction.
9.3 The customer must confirm that he or she is of legal age to enter into a binding contract and is also not a person barred from using the services under the laws of India or other applicable laws.
10.1 Obtaining sufficient insurance coverage is the obligation/option of the customer, unless explicitly provided by Fukamina in any specific product or delivery. Fukamina doesn’t accept any claims coming out of such scenarios.
10.2 Any insurance , if provided by Fukamina shall be as a part of the product of Fukamina shall be as per the terms and conditions of the insuring company. The insurance company has to be contacted directly for any claims or disputes and Fukamina shall be unable to provide any express or implied undertakings for acceptance of claims by the insurance company.
ADVERTISERS ON Fukamina OR LINKED WEBSITES
11.1 Any errors, omissions or representations on any of its pages or links or on any of the linked website pages are not the responsibility to Fukamina. It does not endorse or encourage any advertiser on its web page in any manner. The accuracy of all information has to be confirmed by the customer on his own before undertaking any reliance of such information.
11.2 None of the linked websites are under the control of Fukamina and it will not be responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. Fukamina is providing these links to the customer only as a part of convenience and presence of any link does not imply endorsement of the site by Fukamina.
FORCE MAJURE SITUATIONS
12.1 The customer shall accept that there can be exceptional circumstances wherein the delivery agency may be unable to honour the confirmed delivery because of various reasons like climatic conditions, labour unrest, business exigencies, insolvency, government decisions, operational and technical issues etc. If informed well in advance in such cases, Fukamina will make best efforts to provide alternatives to its customers or refund the amount after deduction of reasonable service charges, if the respective delivery service operator gives its support. The customer agrees that Fukamina is just an agent for facilitating the purchase services and shall not be held responsible for any such circumstances and customers will have to contact that service provider directly for any further refunds and resolutions.
12.2 In situations where there is a technical or any other failure, product previously committed may not be provided or may involve substantial modification, the customer has to agree to the above. In cases like these, Fukamina shall refund the entire amount received from the customer for purchasing that product after charging the applicable refund, cancellation or other charges which shall completely discharge any liabilities of Fukamina against the provision of services or deficiencies. Any other additional liabilities, if any, will be borne by the customer.
12.3 Any kind of delays or inabilities in performance and non- performance in whole or in part of its obligations due to any cause that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end, shall not be held responsible by Fukamina. In case the above situations arise, the customer will be given prompt notice as the situation permits.
12.4 The maximum liability on part of Fukamina arising under such circumstances with respect to any product being offered on the site shall be limited only to the refund of total amount received from the customer for availing the product less any cancellation, refund or others charges, as may be applicable. The liability in no case will include any loss, damage or additional expense beyond the amount charged by Fukamina products.
12.5 Under no circumstances will Fukamina or its associates be held liable for any direct, indirect, special, incidental, punitive, consequential damages or any damages including without limitation, damage for loss of use, data, profits, arising out of or in any way connected with the use or performance of Fukamina websites or any other channel. Fukamina will also not be held responsible for delay, inability to use any of the Fukamina websites or related products, the provision or failure to provide services, or of any information, software products, services and related graphics obtained through Fukamina websites or otherwise because of the use of Fukamina website(s), whether bases on contract, negligence, tort, strict liability or otherwise.
12.6 Any responsibility for errors, omissions or representations on any of its pages or any links or any of the linked websites will not be taken by Fukamina.
SAFETY OF DOWNLOADED DATA
13.1 The Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
13.2 Nevertheless, Fukamina will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
FEEDBACK FROM CUSTOMERS AND SOLICITATION
15.1 Fukamina provide the Customer with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
15.2 The Customer may use this material only as expressly authorized by Fukamina and shall not copy, transmit or create derivative works of such material without express authorization.
15.3 The Customer acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
15.4 Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the Customer to personal liability or criminal prosecution.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
17.1 Unless otherwise specified, the Fukamina products are for the Customer’s personal and non – commercial use. The Customer may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Fukamina website(s) without the express written approval from Fukamina.
18.1 The Customer agrees to indemnify, defend and hold harmless Fukamina and/or its affiliates or associates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection there with and interest chargeable thereon) asserted against or incurred by Fukamina and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Customer pursuant to this agreement.
18.2 The Customer shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Fukamina cannot be held responsible for the same.
RIGHT TO REFUSE
19.1 Fukamina at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any product by Fukamina is not complete until full money for the product is received from the customer and accepted by Fukamina.
19.2 Without prejudice to the other remedies available to Fukamina under this agreement, the TOS or under applicable law, Fukamina may limit the Customer’s activity, or end the Customer’s listing, warn other Customers of the Customer’s actions, immediately temporarily/indefinitely suspend or terminate the Customer’s registration, and/or refuse to provide the Customer with access to the website if:
19.2.1 The Customer is in breach of this agreement, the TOS and/or the documents it incorporates by reference; 19.2.2 Fukamina is unable to verify or authenticate any information provided by the Customer;
19.2.3 Fukamina believes that the Customer’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Customer, other Customers of the website and/or Fukamina.
19.3 Fukamina may at any time in its sole discretion reinstate suspended Customers. Once the Customer have been indefinitely suspended the Customer shall not register or attempt to register with Fukamina or use the website in any manner whatsoever until such time that the Customer is reinstated by Fukamina.
19.4 Notwithstanding the foregoing, if the Customer breaches this agreement, the TOS or the documents it incorporates by reference, Fukamina the right to recover any amounts due and owing by the Customer to Fukamina and/or the service provider and to take strict legal action as Fukamina deems necessary.
RIGHT TO CANCELLATION BY Fukamina CASE OF INVALID INFORMATION FROM CUSTOMER
20.1 The Customer expressly undertakes to provide to Fukamina only correct and valid information while requesting for any product under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the Customer would vitiate this agreement and shall disentitle the Customer from availing the products from Fukamina.
20.2 In case Fukamina discovers or has reasons to believe at any time during or after receiving a request for products from the Customer that the request for products is either unauthorized or the information provided by the Customer or any of them is not correct or that any fact has been misrepresented by him/her, Fukamina in its sole discretion shall have the unrestricted right to take any steps against the Customer(s), including cancellation of the purchases, etc. without any prior intimation to the Customer. In such an event, Fukamina shall not be responsible or liable for any loss or damage that may be caused to the Customer or any of them as a consequence of such cancellation of purchase or services.
20.3 The Customer unequivocally indemnifies Fukamina of any such claim or liability and shall not hold Fukamina responsible for any loss or damage arising out of measures taken by Fukamina for safeguarding its own interest and that of its genuine customers. This would also include Fukamina denying/cancelling any purchases on account of suspected fraud transactions.
21.1 If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
22.1 None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of Fukamina Websites or its partner websites, shall be deemed to constitute a partnership between the Customer and Fukamina and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
UPDATION OF THE INFORMATION BY Fukamina
23.1 Customer acknowledges that Fukamina provides products with reasonable diligence and care. It endeavors its best to ensure that Customer does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Fukamina websites or other sales or marketing channels and ad-materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Fukamina notices them. Changes are/may be periodically made/added to the information provided such. Fukamina may make improvements and/or changes in the Fukamina websites at any time without any notice to the Customer. Any advice received except through an authorized representative of Fukamina via the Fukamina websites should not be relied upon for any decisions.
24.1 Fukamina reserves the right to change the terms, conditions, and notices under which the Fukamina websites are offered, including but not limited to the charges. The Customer is responsible for regularly reviewing these terms and conditions.
JURISDICTION AND GOVERNING LAW
25.1 Fukamina hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Fukamina considers itself and intends to be subject to the jurisdiction only of the courts of Pune, India. This agreement and each TOS shall be governed by and constructed in accordance with the laws of India.
RESPONSIBILITIES OF THE CUSTOMER VIS-A-VIS THE AGREEMENT
26.1 Fukamina may change the features or functionality of the products at any time, in their sole discretion, without notice. Fukamina expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the Customer obtains from Fukamina or through the services shall create any warranty not expressly made herein or in the terms and conditions of the products. If the Customer does not agree with any of the terms above, they are advised not to read the material on any of the Fukamina pages or otherwise use any of the contents, pages, information or any other material provided by Fukamina. The sole and exclusive remedy of the Customer in case of disagreement, in whole or in part, of the Customer agreement, is to discontinue using the services after notifying Fukamina in writing.