Terms of service
TERMS AND CONDITIONS
Welcome to the [Boho Botanist].
You agree, acknowledge, and understand that by virtue of accessing or using this Website, you have read, understood, and agree (without any limitations, qualifications or caveats) to be bound by the Terms and Conditions.
The products and services described on this Website, and any samples thereof that we may provide to you, are for personal use only.. You may not sell or resell any of the products or services, or samples thereof, you receive from us or use the products to manufacture or produce or derive any other product. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
While we endeavour to ensure accuracy of the description of our products as displayed on the Website. However, except to the extent permitted under applicable law, we do not give any representations and/or warranties that the product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free.
All our products are manufactured & marketed by Ekanek Networks Private Limited at [insert details of factory where it is contract manufactured]
It is made explicitly clear that all the information, content, design, graphics including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) solely belongs to Boho Botanist and/or its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.
Other than as specifically provided for herein or to the extent mandated under applicable law, no portion of this Website including the Content may be used,
reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. You agree to indemnify us for any loss caused due to any non-compliance of the limited license rights granted to you under these Terms and Conditions as detailed below.
At the time of accessing this Website, we grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website in the manner prescribed under the Terms and Conditions. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect or store any information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.
We further grant you a limited, revocable, and non-exclusive license to create and share a hyperlink to the home page of the Website only for personal and non-commercial use. You agree that a website that links to our Website (i) may only link to, but shall not replicate, any and/or all of our Content; (ii) shall not imply that we are endorsing such website or its services or products; (iii) shall not misrepresent its relationship with Boho Botanist; (iv) shall not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) shall not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) shall not link to any page of the Website other than the home page. We may, in our sole and absolute discretion, direct you to remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking.
Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in the Terms and Conditions without prejudice to any other right or remedy available to us under applicable law.
By accessing or using the Website, you agree to comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You are prohibited from making any changes or alterations to the Website or any Content or services that may appear on this Website and from impairing in any way, as determined by us, the integrity or operation of the Website in any manner. Without limiting the generality of any other provision of these Terms and Conditions, in the
event of any breach of any of the Terms and Conditions detailed herein, you shall be liable for any and all the losses and/or damages that is caused to Boho Botanist, or our affiliates, or partners or licensors.
You acknowledge that we are not responsible for the content of any third party website pages or any other websites linked to or from the Website. It is clarified that such links appearing on this Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You further agree that your access of any such linked Website or any third party Website is at your own risk.
Boho Botanist does not in any way examine, evaluate or judge the offerings of third party Websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and/or the terms and conditions. You are advised to separately review the terms and conditions and privacy policies of all third party websites that are accessed by you.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You are prohibited from using a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website, you agree that you are entirely responsible for such User Content to the exclusion of Boho Botanist. Such User Content constitutes a Submission under Section 9 above. You are solely responsible for such User Content and agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website such User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store any data about any other user.
We do not endorse or control the User Content transmitted or posted on the Boho Botanist Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. No such content is attributable to us and under no circumstances shall we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.
You acknowledge that we have the absolute right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the
foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
We respect the intellectual property rights of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the Website; (iii) your address, telephone number and email address to [please insert]
The Website is presented on an “As Is” basis and we make no representations or warranties or provide any assurances, to the extent permitted by law, of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the site, including but not limited to the warranties of merchantability, non-infringement or fitness for a particular purpose.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, wrong delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in Content or (g) events beyond our reasonable control.
Boho Botanist products are personal hygiene and cosmetic products.. Though enormous efforts are made and precautions taken and due diligence is carried out to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Boho Botanist will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the Boho Botanist, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including
lost profits) related to the Website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed INR 5,000.
You agree that no claims or action arising out of, or related to, the use of the Website or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold us (including our employees, authorised partners, agents, representatives) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website or any other action that you take, resulting in;
- breach of these Terms and Conditions;
- violation of any applicable law; or
- violation of the rights of a third-party.
You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts at New Delhi, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Delhi, India. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Website shall be referred to the sole Arbitrator appointed in accordance with the Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2018 (“Rules”). The seat of such arbitration shall be New Delhi, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us
electronically including without limitation by email or by posting Notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [please insert] and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Please see our Payment Policy to understand the purchase processes of our products.
All international shipping orders may attract local duties applicable in that country and the customer will have to pay accordingly locally.
If you have any questions regarding these Terms and Conditions, please email us at [please insert]
Copyright © Ekanek Networks Private Limited. (brand owners of Boho Botanist). All worldwide rights reserved.
For deliveries outside India:
- Your shipment could be subject to Customs Duty Charge / Import Duty / VAT / Other applicable government taxes on arrival in the destination country.
- Check the tentative Customs Duty Charge / Import Duty / VAT / other applicable government taxes here.
- These charges will have to be paid by the consignee. The brand is not liable to pay them under any circumstances.
- The shipping charges mentioned in the total order value does not include these charges.
- If the consignee refuses to pay the liable shipment custom charges upon its arrival in the destination country the brand will deduct complete shipping and return duty charges from the consignees order value while processing the refund.