Terms & Conditions
A. This website www.pureheart.com and www.pureheart.in is owned, operated and maintained by Western India Cashew Company Pvt Ltd (hereby referred to as WICC).
B. The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides information about various products, shopping facilities and ecommerce services in the website and/ or on any of the pages of the website (“Services”)
II. COPYRIGHT AND OWNERSHIP
A. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”) is owned and belongs to WICC and are the intellectual properties of WICC are protected by appropriate legislations. No part of the content shall be copied, downloaded, transmitted or published without prior, written permission from WICC.
B. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.
C. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print, and download documents, audio, and video found on our Web Site for personal, informational, and noncommercial purposes only.
D. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Web Site and Services. The Web Site, its Content, and all related rights shall remain the exclusive property of WICC or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on these Web Site.
III. PRODUCTS , CONTENTS AND SPECIFICATIONS
A. We have made every effort to display the colour of our packaging and actual products that appear on the site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your device’s display of colour will be accurate. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site.
B. All features, content, specifications, products, and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only.
C. .The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws in regard to the possession, use, and sale of any item purchased from this Web Site.
D. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
E. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier.
F. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
IV. ACCOUNT REGISTRATION AND SECURITY
A. Your access to the Website and services may be regulated by us by stipulating that you register with us by providing sufficient details. Your access may be curtailed or limited till your registration is provided.
B. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.
V. ACCESS AND INTERFACE
A. You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not:
1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
2. interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or
3. bypass any measures we may use to prevent or restrict access to the Web Site.
B. You may also be permitted to access or create content as a part of our interface. In this regard You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties.
C. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws.
D. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
E. From time to time, this Web Site may contain links to web sites that are not owned, operated, or controlled by WICC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other web site.
F. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials, or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this web site, you do so entirely at your own risk.
VI. FORCE MAJEURE
A. Neither We nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body lockdown,; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
VIII. LIMITATION OF LIABILITY AND INDEMNITY
A. you agree to defend, indemnify and hold WICC and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.
B. You agree that in the event of any problem in accessing the website or the services , your sole remedy is to stop accessing theWebsite.
C. 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 us with our acquiring bank from time to time.
D. Any claim with respect to the purchase of the products offered in the website shall be raised directly to the customer complaint forum provided in the label or packaging of the products. in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site.
E. In the event that you have a dispute with one or more other users of the Web Site, you release WICC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
A. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that
1. you breach these Terms of Service;
2. we are unable to verify or authenticate any information you provide to us; or
3. we believe that your actions may cause financial loss or legal liability for you, our users or us.
X. GOVERNING LAW AND DISPUTES
A. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority. Any dispute with respect to the interpretation and application of this Website or Services provided by us is subject to the exclusive jurisdiction of courts in Kerala.
B. In the alternative you may also contact us at firstname.lastname@example.org