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Terms and Conditions: Text
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TERMS AND CONDITIONS

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Indriya’s relationship with you in relation to this website.

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Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Indriya and these terms and conditions including the policies constitute Your binding obligations, with Indriya.

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The term 'Indriya' or 'us' or 'we' or ‘seller’ refers to the owner of the website whose registered office is 12, Colonia Santa Maria, K Narayanapura Cross, Dr. Shivarama Karanth Nagar, Bangalore 560077. The term 'you' and ‘your’ and ‘buyer’ refers to the user or viewer or reviewer of our website.

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When You use any of the services provided by Us through the Website, 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. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

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ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Indriya Policies ((including but not limited to Privacy Policy) as amended from time to time.

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The use of this website is subject to the following terms of use:

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts 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 the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Indriya website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Indriya reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Indriya's notice or if it is discovered that you are under the age of 18 years.

 

Your Account and Registration Obligations

If You use the Website, 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 or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

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Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise

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Trademarks

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

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Content

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

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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. We reserve Our right to bar any such activity.

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You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

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You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.

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General

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Indriya, Indriya or otherwise engage in any conduct or action that might tarnish the image or reputation, of Indriya or otherwise tarnish or dilute any Indriya trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

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You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

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You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal. You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

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You may not use the Website 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 Indriya and / or others.

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You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service, purchase, solicitation of offers to purchase.

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It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website 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 due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

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External links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

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Warranties

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

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Prices

Our pricing is calculated using current manufacturing prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of raw material, so our prices change as well.

Prices on myindriya.in are subject to change without notice. Please expect to be charged the price for the Indriya merchandise you buy as it is listed on the day of purchase.

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Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by Indriya may be incorrectly reflected and in such an event Indriya may cancel such your order(s).

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Payments

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  • Lack of authorization for any transaction/s, or

  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or

  • Any payment issues arising out of the transaction, or

  • Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

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Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

You have specifically authorized Indriya or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery in respect of transactions through Payment Facility.

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You understand, accept and agree that the payment facility provided by Indriya is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Indriya Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.

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Payment Facility for Buyers:

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Indriya to purchase the products and /or services from Indriya using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Indriya using Payment Facility.

  • You, as a Buyer, shall electronically notify Indriya immediately upon non Delivery within the time period of two days from the date of scheduled delivery. Non notification by You non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

  • Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

  • For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

  • Refund shall be conditional and shall be with recourse available to Indriya in case of any misuse by Buyer.

  • Refund shall be subject to Buyer complying with Policies.

Indriya reserves the right to impose limits on the number of Transactions or Transaction Price which Indriya may receive from on an individual Valid Credit / Debit / Cash Card / Valid Bank Account / and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

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Indriya reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Indriya or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

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Indriya may do such checks as it deems fit before approving the receipt of / Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Indriya. As a result of such check if Indriya is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

Disclaimer of liability

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

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We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on  Account of the Cardholder having exceeded the preset limit mutually agreed by their bank from time to time.

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Replacement

The 15 Day Replacement Guarantee seeks to assist Buyers who deserve a replacement of a product purchased on Indriya on the Website. If at the time of delivery and/or within 15 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from Indriya subject to the following terms and conditions:

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Notify Indriya of any defects in the product/s at the time of delivery of the product/s and/or within 15 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.

Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Indriya.

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Following claims shall not be eligible for return or replacement:

  • Damages due to misuse of product;

  • Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;

  • Product which is 'made to order' on customer's request

If Indriya has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Indriya may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and /or disqualify that user and any related users from availing protection through this program.

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Indriya reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Indriya may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

 

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller. Following situations may arise:

  • Item was defective

  • Item was damaged during the Shipping

  • Products was / were missing

  • Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

 

Points to be noted:

  • Seller can always accept the return irrespective of the policy.

  • We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

  • Buyer needs to raise the refund request within 15 days from the date of payment realization. Buyer can raise a return request by contacting Us on our listed Number

  • In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

 

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

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Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws (choice of venue and forum)

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Use of this website shall in all respects be governed by the laws of the state of Karnataka, India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in India country, Karnataka, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

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