Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.Eastea.in from Eastea Chai Private Limited (in short hereinafter referred to as Eastea Chai) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Eastea Chai reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Eastea Chai will alert you that changes or revisions have been made by indicating on the top of this Agreement on the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Eastea Chai encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Eastea Chai for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms outlined in this Agreement. Proprietary Rights Eastea Chai has proprietary rights and trade secrets in the Products. You may not reproduce, resell or redistribute any Product manufactured and/or distributed by Eastea Chai. Eastea Chai also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information. Sales Tax If you purchase any Products, you will be responsible for paying any applicable sales tax and other taxes prevailing on the date of purchase.
Content, Intellectual Property, Third-Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Eastea Chai does not endorse the contents on any such third-party websites. Eastea Chai is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
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 normal, noncommercial, 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 Eastea Chai.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. the website and products are offered on an "as is" and "as available" basis. Eastea Chai expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement concerning the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.) that the information provided on this website is accurate, reliable, complete, or timely.
IV. LIMITATION OF LIABILITY
Eastea Chai’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, concerning the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website
Eastea Chai will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
You will release, indemnify, defend and hold harmless Eastea Chai, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or another proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Eastea Chai. When Eastea Chai is threatened with suit or sued by a third party, Eastea Chai may seek written assurances from you concerning your promise to indemnify Eastea Chai; your failure to provide such assurances may be considered by Eastea Chai to be a material breach of this Agreement. Eastea Chai will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Eastea Chai’s choice at its expense. Eastea Chai will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Eastea Chai against any claim, but you must receive Eastea Chai’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure:Eastea Chai will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labour strike, hartal, lockout, or boycott.
Cessation of Operation: Eastea Chai may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement:This Agreement comprises the entire agreement between you and Eastea Chai and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver:The failure of Eastea Chai to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law/Jurisdiction:This Website originates from Kochi, Kerala. This Agreement will be governed by the laws of the State of Kerala. Neither you nor Eastea Chai will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Kerala. By using this Website or ordering Products you confirm, your consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or because of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation:You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Termination: Eastea Chai reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Eastea Chai may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Eastea Chai reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Eastea Chai chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Eastea Chai makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Eastea Chai may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
VIII. RETURN GOODS POLICY
Subject to applicable law, the seller will process returned goods for products purchased from the seller, under its then standard Return Good Policy. Seller's current return good policy as follows:
All requests for the return of products must be approved by the Seller's customer service department. Not all items are returnable. Some items may require additional restocking fees. A credit will not be issued for items returned without pre-approval.
By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.