Terms and Conditions
TERMS OF USE
OVERVIEW
This website is operated by SS Enterprises. Throughout the site, the terms “we”, “us” and “our” refer to SS Enterprises. SS Enterprises offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. GENERAL
A) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
B) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.liverwala.in
C) The domain name www.liverwala.in (“Website”), including its online services, such as use of software on Website and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website is owned and operated by Sandeep Kumar ( SS Enterprises ), and having its registered office at: Shiv Nagar Gohana Sonipat Pin 131301 Haryana, India .
D) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i) The term ‘You’ or “User” shall mean any legal person or entity accessing using this Website to services provided or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ &‘Our’ shall mean the Website and/or the Company, as the context so requires.
iii) The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The use of the Website by the user is solely governed by these Terms as well as the Privacy Policy (“Policy”), available on Website and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
2. OUR SERVICES
Liverwala is a recent entrant into online ecommerce space. The website provides platform to provide ayurvedic products that have a deepest impact on the health to reach out to a wider online population. The website is an online platform that enables you to purchase ayurvedic and herbal products listed on the website at the price indicated therein at any time from any location.
3. ELIGIBILITY
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
4. TERM
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
c) You agree and acknowledge that www.liverwala.in control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the liverwala on www.liverwala.in
Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16&18 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
5. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 3 hereinabove.
6. FACILITIES TO BE RENDERED BY THE WEBSITE
i. Liverwala is a platform where customers have an access to relevant information pertaining to their choices of Ayurvedic , Health tonic, Syrup, and their use through Comapany’s assistance.
ii. The user Account on the Website through logging in by their third party website user ID and password any other Internet service as permitted on the Website (User ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information”).
iii. By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to liverwala@hotmail.com. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
7. CHARGES & PAYMENT
a) Payments for the Services/Goods offered by Liverwala shall be made through payment gateway razorpay, Net Banking, Credit card, Debit card, UPI and other wallets.
b) liverwala offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
c) GST on all the above components shall be charge separately.
d) liverwala have a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
However, the Company reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
8. TERMS, CONDITIONS AND DUTIES OF THE USER
a. It is the duty of User to provide one’s true/accurate/complete information, and all the details relating thereof on the website. If any Use detail found to be false then liverwala shall reserve the right on its sole discretion to reject the registration and debar the User from using the Services available on its website, without prior intimation whatsoever.
b. The User agrees to comply with all notices or instructions given by Liverwala from time to time to enable the use of the Services.
c. User shall take care to choose the right product and advised to check the product description carefully so liverwala can deliver the right product.Any and all orders placed by User on the liverwala are a firm commitment to purchase and User are obligated to complete the transaction and not contest it in anyway. By placing an order for a product User agree to be bound by the conditions of sale included in the item’s description.
d. User can start tracking his order as soon as it has been shipped out. All you need to do is click on the link in the email sent to User after the order is placed and track the journey of your item in real time.
Alternatively, User can also login to liverwala and visit the ‘My Account’ section to know your order status.
e. The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the websites services.
f. The User shall promptly make the payment to liverwala towards the goods purchased as and when it becomes payable.
g. The User shall agree not to make any bulk purchase for any re-seller or illegal activities. In such case, liverwala reserves all rights to cancel the current and future orders of the User and block the concerned User account.
h. By using this website the User must aware and agree that in case the listed product with an incorrect price or information due to typographical error or technical error then liverwala shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
i. User shall indemnify and hold the Company, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
j. The User shall at all times during the pendency of this agreement endeavor to protect and promote the interest of the Company and ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.
k. User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
l. The client will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorized access to the account.
m. The client shall be responsible for all activities that occur under client’s account.
n. The client agrees and acknowledges that he/she will use their account on the website to purchase only for their personal use.
a. Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the goods provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information 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, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. 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. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other Users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
xix. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
9. TERMS, CONDITIONS AND DUTIES OF COMPANY
a) The Company shall list item(s), products or goods for sale on the Website in accordance with the policies.
b) The Company shall be legally authorized to sell the item(s) listed for sale on Website and have all the necessary licenses and permits required for such sale.
c) All listed items must be kept in stock for successful fulfillment of sales.
d) To ensure the best experience, liverwala ideally ship all products of an order together. However, there might be instances where some products might be ready to get shipped earlier than other products. To make sure that User doesn’t wait even a minute longer, liverwala might ship some products out first and ship the remaining in a separate shipment. liverwala will notify User each time a shipment is dispatched or it out for delivery; so that User can track it till it knocks on User’s door.
e) It is the duty of the Company to mention the approximate time of Shipment /Delivery for each purchased product to the User. But Company shall not be liable for any delay / non-delivery of purchased goods due to any force majeure event including but not limited to flood, fire, wars, acts of God or any event beyond the control of liverwala .
f) Duty of company not to mislead the description of the item and describe actual condition of the product.
g) The Company shall deliver the product to the Users through its logistics partner.
h) The Company cautioned its Users for the Products before its use:
Shake well the Bottle before use,
Keep the product in cool and dry place,
Refrigerate after opening,
Consume the product within 1 month after opening.
i) Any individual residing in India and of age 5+ Years is a potential client for liverwala. Buyers residing outside India can access liverwala however all product deliveries will happen at address within India’s territorial jurisdiction.
j) liverwala (SS Enterprises) grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SS Enterprises its affiliates, as may be applicable.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
Trade Name: SS Enterprises
Shiv Nagar Gohana
Pin - 131301
Distt Sonipat Haryana
Phone number: 9350611106
Email: liverwala@hotmail.com
Physical Address: Shiv nagar gohana, 131301 Gohana HR, India
Gstin number: 06BGDPK9605D1ZM