Terms & Conditions
THIS DOCUMENT IS AN
ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND
RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO
ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS
PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE
CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES
AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF
THE WEBISTE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES
NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE
READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY.
BY ACCESSING, BROWSING, USING WWW.FREECIA.IN OR ANY
OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE
TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF FREECIA
PROFESSIONAL INDIA PRIVATE LIMITED (HEREINAFTER REFERRED TO AS “COMPANY” OR
“US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS
WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C
MENTIONED HEREUNDER.
Only
persons who can enter into legally binding contract under the Indian Contract
Act, 1872 can use the Website and/or transact on the Website. Any minor who
wishes to use or access the Website is required to conduct such transaction
through their legal guardian or parents. If you represent a company,
partnership firm or sole proprietorship, you shall be eligible to access and
use the Website to conduct the transactions on its behalf only if you have been
duly authorized by way of necessary corporate action, as may be prescribed
statutorily and/or under the charter documents of such entity
The
Company reserves the right to amend or revise the T&C at any time by
uploading a revised or amended T&C on the Website with or without prior
notice. The amended T&C will be effective immediately after it is uploaded
on this Website. Your access or use of the Website following any such changes
constitutes your acceptance to follow and You shall be bound by these T&C,
as amended. The version of the T&C that will apply to your order will be
those uploaded on the Website at the time you use or access or place your
order. For this reason, we encourage you to review these T&C each time you
access and place your order. This T&C does not alter in any way the terms
or conditions of any other written agreement you may have with the Company for
other products or services. If you do not agree to this T&C (including any
referenced policies or guidelines), please immediately terminate your use of
the Website. If you would like to print this T&C, please press CTRL + P.
You
may only access the Website for lawful purposes. You are solely responsible for
the knowledge of and adherence to any and all laws, rules, and regulations
pertaining to your use of the Website.
We
reserve the right to block any user and permanently disable user account if we
believe in our sole discretion that action of such user has resulted in breach
of fair usage policy or T&C.
I.
PRODUCTS
Terms
of Offer: The Website
offers for sale certain products (“Products”). The Products
shall include trial products and the products offered free of cost. By placing
an order for the Products through the Website, you agree to the terms and
conditions set forth in this T&C. The Products described on the Website,
and any samples thereof we may provide to you, are for personal use only. You
may not sell or resell any of the Products, or samples thereof, you receive
from us unless agreed otherwise. We reserve the right, with or without notice,
to cancel or reduce the quantity of any Products to be provided to you that we
believe, in our sole discretion, may result in the violation of our T&C.
The
Company may change, suspend, or discontinue the availability of any of the
Products at any time, without any notice or liability. You acknowledge that the
price payable in connection with the Product or any service, may be subject to
change, without notice or liability.
While
describing our Products on our Website, we endeavor to be as accurate as
possible. To the extent implied by applicable law, we do not warrant that the
Product descriptions, colors, information or other content available on the
Website are accurate, complete, reliable, current, or error-free. The Website
may contain typographical errors or inaccuracies and may not be complete or
updated. Such errors, inaccuracies or missions may also relate to pricing and
availability of the Product or services. Please note that the Product pictures
are indicative and may not match the actual Product.
Customer
Solicitation: By
accessing the Website or placing an order or sending any information, you are
communicating with the Company electronically and you agree to receive
communications (including transactional, promotional and/or commercial
messages) from the Company periodically and as and when required. We may
communicate with you by e-mail, SMS, phone call or by posting notices on the
Website or by any other mode of communication.
At any
point of time, you have the right to withdraw your consent by following the
below stated opt-out procedure.
opt
Out Procedure: We
provide 3 easy ways to opt out of from future Customer Solicitations.
a. You may use the opt out link found in
any email solicitation that you may receive.
b. You may also choose to opt out, via
sending your email by addressing to: care@freecia.in.
c. You may send a written removal request
to Unit No. 932, 9th Floor,
Tower A, I-Tech Spaze park, Sector-49,
Gurgaon, Haryana.
Proprietary
Rights: All the brand
names owned and licensed to the Company are exclusive property of the Company,
its affiliates, partners or licensors, and is protected by laws of India,
including laws governing all applicable forms of intellectual property. The
Company has the proprietary rights and trade secrets in the Products. You shall
not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute
any Product manufactured and/or distributed by the Company in whole or in part
or in any other form whatsoever. The Company also has rights to all trademarks
and trade dress and specific layouts of this webpage, including without
limitation calls to action, text placement, images, technology, content,
software and other materials, which appear on the Website, including its looks
and feel. No trademark is granted in connection with the Products or the
materials contained on the Website. The access to the Website does not
authorize anyone to use any trademarks in any manner. The trademarks displayed
on the Website whether registered or unregistered, are the intellectual
property of the Company.
Tax: If you purchase any Products, you will
be responsible for paying any applicable taxes in relation to such purchase.
II.
WEBSITE
Your
Account: You may create
and hold one user account (“Account”) only. You will be
responsible for maintaining confidentiality of your account, password, and
restricting access to your computer, and you hereby accept responsibility for
all activities that occur under your Account. You acknowledge that the
information you provide, in any manner whatsoever, are not confidential or
proprietary and does not infringe any rights of a third party in whatsoever
nature. Each Account is non-transferrable and may not be sold, traded, combined,
or otherwise shared with any other person.
If you
are accessing, browsing and using the Website on someone else’s behalf; you
represent that you have the authority to bind that person to all the T&C
herein. In the event that the person refuses to be bound as the principal to
the T&C, you agree to accept liability for any harm caused by any wrongful
use of the Website resulting from such access or use of the Website in
whatsoever nature.
If you
know or have reasons to believe that the security of your Account has been
breached, you should contact us immediately at the ‘Contact Information’
provided below. If we have found a breach or suspected breach of the security
of your Account, we may require you to change your password, temporarily or
permanently block or suspend your account without any liability to the Company.
We
reserve the right to refuse service and/or terminate accounts without prior
notice if the T&C are violated or if we decide, in our sole discretion,
that it would be in the Company’s best interests to do so. You are solely
responsible for all contents that you upload, post, email or otherwise transmit
via the Website. The information provided to us shall be maintained by us in
accordance with our Privacy Policy.
Content;
Intellectual Property; Third Party Links: In addition to making the Products available, the Website also
offers information and marketing materials. The Website also offers
information, both directly and through indirect links to third-party websites
about nutritional and dietary supplements. The Company does not always create
such information and the content published on the Website; instead, the
information and content are often gathered from other sources. The Company does
not endorse any such information or content and the Company expressly disclaims
any and all liability in connection with the same. The Company is not
responsible or liable for the information or the content or any damage or loss
that may result from your access to or reliance on such information or content.
To the extent that the Company does create the content on this Website, such
content is protected by intellectual property laws of India. Any unauthorized
use of the material may violate copyright, trademark, and/or other laws. You
acknowledge that your use of the content on this Website is for personal and
non-commercial use.
We
respect the intellectual property of others. In case you feel that your work
has been copied in a way that constitutes copyright infringement, you can write
to us at << care@freecia.in>>.
Any
links to third-party websites are provided solely as a convenience to you. The
Company does not endorse, affiliate, sponsor or recommend any such third-party
websites. The Company is not responsible or liable for the content of or
any damage or loss that may result from your access to or reliance on these
third-party websites. You should always read the terms and conditions and
privacy policy of a third-party website before using it. If you access or use
such third-party websites, you do so at your own risk.
Use
of Website: The Company
is not responsible for any damages resulting from use of the Website by anyone.
You will not use the Website for any illegal purposes. You will (a) abide by
all applicable local, state, national, and international laws and regulations
in your use of the Website (including laws regarding intellectual property),
(b) not interfere with or disrupt the use and enjoyment of the Website by other
users, (c) not resell material on the Website, (d) not engage, directly or
indirectly, in transmission of “spam”, chain letters, junk mail or any other
type of unsolicited communication, and (e) not defame, harass, abuse, or
disrupt other users of the Website, (f) not to do or attempt to do any action
which 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, trolling, propaganda or otherwise unlawful in any
manner whatever.
License: By using this Website, you are granted
a limited, non-exclusive, non-transferable right to use the content and
materials on the Website in connection with your personal, non-commercial use
of the Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written
authorization from the Company or the applicable third party (if third party
content is at issue).
Posting: By posting, storing, or transmitting
any content on the Website, you hereby grant the Company a perpetual,
worldwide, non-exclusive, royalty-free, assignable, right and license to use,
copy, display, perform, create derivative works from, distribute, have
distributed, transmit and assign such content in any form, in all media now
known or hereinafter created, anywhere in the world, subject to the Company’s
privacy policy. The Company does not have the ability to control the nature of
the user-generated content offered through the Website. You are solely
responsible for your interactions with other users of the Website and any
content you post. The Company is not liable for any damage or harm resulting
from any posts by or interactions between the users. The Company reserves the
right, but has no obligation, to monitor interactions between and among users
of the Website and to remove any content the Company deems objectionable. Under
no circumstances will the Company be liable in any way for any user generated
content, including without limitation, for any errors or omissions in such
content or for any loss or damage of any kind incurred by you as a result of
the use of any such user generated content transmitted, uploaded, posted,
e-mailed or otherwise made available via the Website. You hereby waive all
rights to any claims against the Company for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such user generated content.
Site
Security: You are
prohibited from violating or attempting to violate the security of the Website,
including, without limitation,
a. accessing data not intended for you or
logging onto a server or an account which you are not authorized to access;
b. attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization;
c. attempting to interfere with service to
any other user, host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, “flooding,”
“spamming,” “mail bombing” or “crashing”;
d. sending unsolicited email, including
promotions and/or advertising of products or services; or
e. forging any header or any part of the
header information in any email or newsgroup posting. Violations of system or
network security may result in civil or criminal liability
f.
threatens
the unity, integrity, defence, security or sovereignty of India, public order
or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence.