Appex Industries is the licensed owner of the brand “earthyraw”.com and the website earthyrew.com (“The Site”). As a visitor to the Site/ Customer you are advised to please read the Term & Conditions carefully. By accessing the services provided by the Site you agree to the terms provided in this Terms & Conditions document.
Personal Details – As part of the registration process on the Site, Appex Industries may collect the following personally identifiable informations about you: Name including first and last name, email address, mobile number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
Account & Registration Obligations -All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service.
License & Site access – Appex Industries permits you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Appex Industries. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any part of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Appex Industries. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Appex Industries and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Appex Industries’s name or trademarks without the express written consent of Appex Industries. Any unauthorized use terminates the permission or license granted by Appex Industries
Pricing & Availability– All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
From time to time, products you order may be unavailable. If we are unable to fulfill your entire order, we will make every reasonable effort to substitute the closest product. We do not set the prices for the items you select on your cart . We pay the prices that each individual store has already set.
To receive delivery, you do not need to be present to receive your order from our driver. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your items to you by 5:00 pm on the date of your arrival.
Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction.
In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title, or interest you may have in the products.
Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. The Company assumes no responsibility for such information.
Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.
You Agree and Confirm-
- That in the event that a non-delivery occurs on account of a mistake by customers (i.e. wrong name or address or any other wrong information) any extra cost incurred by Appex Industries for redelivery shall be claimed from you.
- That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. Appex Industries reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
- You authorise Earthy Raw to contact you for any transactional purposes related to your order/account.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgments before entering into any transactions through this Site.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all manners.
- That before placing an order you will check the product details carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Site for any of the following Purposes-
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting materials that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws;
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Colours-We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Modifications of Terms & Conditions of Services-
Appex Industries may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Services you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction–
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at chandigarh shall have exclusive jurisdiction in any proceedings arising out of this agreement.Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Appex Industries and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chandigarh. The High Court of judicature at Chandigarh alone shall have the jurisdiction and the Laws of India shall apply.
Copyright & Trademark-
Appex Industries its suppliers and licensors expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Appex Industries or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Appex Industries. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Appex Industries. You may not modify, distribute or re-post anything on this website for any purpose.The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Appex Industries, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Appex Industries endorsement, sponsorship or recommendation of the third party, information, product or service. Appex Industries is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Appex Industries or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Appex Industries, one of its affiliates or by third parties who have licensed their materials to Appex Industries and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Appex Industries and is also protected by Indian and international copyright laws.
Objectionable Material – You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, AppexIndustries and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Warranty Disclaimer; Limitation of Liability; Indemnification:
You expressly agree that use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.
Neither the company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet. The Company’s delivery liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of our service and to terminate this agreement. We reserve the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.
The material in the Site is provided for lawful purposes only.
You agree to defend, indemnify, and hold All Seasons vegetables harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Termination – This User Agreement is effective unless and until terminated by either you or Appex Industries. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Appex Industries may terminate this User Agreement at any time and may do so immediately without prior notice, and accordingly deny you access to the Site, Such termination will be without any liability to Appex Industries. Upon any termination of the User Agreement by either you or Appex Industries, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Appex Industries right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.