Terms & Conditions

 

This document is an electronic record in terms of Information Technology Act, 2000 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.

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 the Website. 

These Terms of Use along with the Privacy Policy, Shipping, Cancellation, Return and Refund Policy, Cookies Policy and Disclaimer (“Terms”) provided on the Website (as defined below) govern your use of the website, i.e. www.chadotea.in, links, content, software including but not limited to Products, any and all services offered on the Website titled ‘ChadoTea’.

These Terms govern your use of this Website; by using this Website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website. 

The term ‘ChadoTea’ or “the Company” 'us' or 'we' refers to the owner of the Website, i.e. Chado Tea Private Limited whose registered office is 302, Orient regency, NDR 4, Road No 13, Tilak Nagar, Kurla East, Mumbai – 400 089

The Website is a virtual marketplace wherein the Company sells Products to "Products" refers to the teas, herbals, fruit tisanes, teaware, gift hampers, accessories, gourmet products, vouchers, or any other products or merchandise offered for sale by ChadoTea on this Website.

“Services” refers to the service provided to the users for purchasing of the Products through this Website.

The term 'you' refers to the user, viewer and customer/subscriber of this Website. The use of this Website is subject to the following terms of use:

Please review these Terms carefully before using the Services because they affect your rights.  By using any of the Services, you accept these Terms and agree to be legally bound by them.

 

  1. ALTERATIONS TO THE TERMS OF USE:

We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web page on the Website. You are responsible for checking these Terms for changes periodically. If you continue to use the Website after we post changes to these Terms, you are signifying your acceptance of the updated Terms. We reserve the right to correct, modify and revise information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

  1. RIGHT TO CHANGE:

We reserve the right to discontinue or change any service or feature on the Website at any time and without notice.

  1. YOUR RESPONSIBILITIES/LIABILITIES:

You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. impersonates any person, business or entity, including the Company and its employees and agents;
  5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  7. 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. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  8. 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 sites;
  9. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph;
  10. Violates these Terms of Use, guidelines or any policy posted on Website, or interferes with the use of the Website by others.
  11. Use the Website or any material or Content 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 Company or other third parties;
  12. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  13. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
  14. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  15. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
  16. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and engagement of Website.
  17. You may not attempt to gain unauthorized access including without limitation using any automated means or circumvent the navigational structure to access the Services, any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
  18. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company.
  19. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the information, or Services for any purpose.
  20. SPAM:
    You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
  21. INTELLECTUAL PROPERTY RIGHTS
  22. We, post text, messages, information, software, images, audio and video, illustrations, maps, logos, plans, promotional offers, contests, etc. ("Content") on the Website and own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.
  23. This Website contains material which may be owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited. You, or anyone else authorised by you, are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof unless agreed to in writing by ChadoTea.
  24. ChadoTea and where applicable, its affiliates and partners, retain all rights, title and interest in all Intellectual Property and all concepts, systems, whether written or graphic and all other materials on this Website and in the Contents.
  25. All copyright, trademarks, trade names, design rights, patents and other intellectual property rights (registered and unregistered) on this Website and in the Contents belong to ChadoTea and where applicable its affiliates and partners. ChadoTea reserves all of its rights in this Website and the Contents. Nothing in these Terms grants you by implication, estoppel or otherwise any right or license to use any trade mark, design right or copyright owned or controlled by ChadoTea or any other third party without our written permission or such third party.
  26. LICENSE TO USE
  27. Unless otherwise stated, the Company owns the intellectual property rights in the Website and material on the Website save and except any third-party enable software as a service and/or Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
  28. Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Prior to making a purchase, you must check a box certifying that you (1) are the registered and authorized user of your user account, (2) are at least 18 years old, and (3) are completing a purchase from any location. Failure to comply with any of these requirements will result in forfeiture of all winnings.
  29. You must not:
  30. republish material from this Website (including republication on another Website);
  31. sell, rent or sub-license material from the Website;

iii. show any material from the Website in public or any other public medium;

  1. reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; re-distribute material from this Website except for content specifically and expressly made available for redistribution;
  2. Where content is specifically made available for redistribution, it may only be redistributed within your organization;  and/or
  3. Any such use of the Website and/or its material, otherwise which shall be opposed by us.
  4. On request of registration information from you to set up a user account on your management console/dashboard, you must provide us with accurate and complete information and must update the information when it changes. 
  5. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone.  You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account.  If you have reason to believe that someone is using your account without your permission, you should contact us immediately.  We are not responsible for any loss or damage resulting from unauthorized use.
  6. The user or viewer shall bear all data charges for the use or view of the Website as charged by their respective network carrier/s. The user or viewer must have a device with wi-fi, 3G/4G/5G connectivity for using or viewing the Website.
  7. Sweepstakes, contests, and promotions on the Website may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc.  You are responsible for complying with these rules and requirements.
  8. We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Chado Privacy Policy. If you object to your information being transferred or used in this way please do not use the Website.
  9. In event of any query raised to the Company regarding the use of the Website, the Company shall make best efforts to respond within 108 business hours of receipt of such query. 
  10. USER SUBMISSIONS:
  11. The Website permits the submission via uploads to the Website of photos, videos, audio clips, texts or any other material or communications submitted by you and other users ("User Submissions") in the form of ratings, rankings and reviews. You understand that whether or not such User Submissions are published, ChadoTea does not guarantee any confidentiality with respect to any User Submissions and/or submissions.
  12. In connection with User Submissions, you further agree that you will not:
  13. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ChadoTea all of the license rights granted herein;
  14. publish falsehoods or misrepresentations that could damage ChadoTea or any third party;

iii.  submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  1. post advertisements or solicitations of business;
  2. impersonate another person, business or entity, including the Company and its employees and agents;
  3. submit material that violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

vii. submit material that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

viii. submit material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

  1. encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
  2. ChadoTea does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ChadoTea expressly disclaims any and all liability in connection with User Submissions. ChadoTea does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ChadoTea will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ChadoTea reserves the right to remove Content and User Submissions without prior notice. ChadoTea will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ChadoTea also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ChadoTea may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  3. TRANSACTION:
  4. Any transaction both effected and completed (upon verification of receipt by the Company) through the payment option provided on Website will apply to such Terms.
  5. We have no direct involvement in transactions between users having not transacted through the Website and the Company shall have no liability in case of any defaults arising in such cases. 
  6. We are not responsible for ensuring that a customer complete a transaction and make no guarantees whatsoever to the user that offline offers, if any, will be listed on our Website.
  7. Unless otherwise stated, all payments are quoted in Indian Rupees. 
  8. Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
  9. We reserve the right to cancel any request at Company’s sole discretion, under a situation where we are not able to meet the requirement of the order placed or if the order so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of a request, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, subject to Company’s sole discretion will be made in reasonable time.
  10. TRANSACTION PRICE:
  11. The price availed shall on every transaction additionally include, if applicable, shipping charges, insurance, custom duties, custom clearance fees, import fees, charges, octroi, local inward taxes and levies etc. and all other taxes, duties, costs, charges and expenses, if any in respect thereof and any other amount charged by the Company’s channel partners.
  12. In certain states/cities/zones, local authorities, state or municipal agencies may levy an additional amount as entry fee. Additionally, Customs Department in Italy, Costa-Rica and Czech Republic may have begun charging an additional amount as custom clearance fee. We strive to ensure such shipments are delivered timely, subject to the additional charge either in the form octroi, local inward taxes and levies or custom clearance fees as applicable will have to be borne by the customer at actuals.
  13. If the customer believes that the Company has billed the customer incorrectly, customer shall contact the Company within 3days from the issue of such bill, in order to receive an adjustment or credit, if found valid. Refunds are on a case-by-case basis and at the Company‘s sole discretion subject to the Refund and Cancellation policy.
  14. SECURITY RULES:
  15. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is 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 user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
  16. This Website is designed for parties who can legally make binding contracts under applicable law. Therefore, minors using, accessing, or registering as a user on this Website shall be deemed to be using this Website with the valid consent of an adult guardian- and such guardian shall be considered a party to the Website. 
  17. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Website. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Website.
  18. MONITOR:
    You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
  19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.

  1. HYPERLINKS
    Website may include links to third party Websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Website from another Website or document without the Company’s prior written consent.
  2. DISCLAIMER OF WARRANTIES:
  3. We provide the Website “as is” and “as available.” We make no express warranties or guarantees about the Website. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Website and all software, Content, Products, any services and products distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
  4. Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
  5. this Website will be constantly available, or available at all; or
  6. the information on this Website is complete, true, accurate or non-misleading
  7. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. 
  8. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. LIMITATION OF LIABILITY:

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to the Transaction Price received through the concerned Transaction. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, Products, services provided through the payment options on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company shall not be held liable for any third-party enabled services which may lead to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Website services, services provided through the payment options on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, security breach or corruption of any data or other information transmitted whether via network or otherwise in connection with the use of the Website. The Company will not be held liable for any delays and/or defaults by the channel partners.

  1. INDEMNIFICATION:
    You agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from including without limitation your use or misuse of the Website; infringement of the intellectual property of any of our channel partners, customers, investors; data breach; illegal offerings; wrongful use or misuse of the Products, Services and/or third-party enabled services; breach of the Terms including rules and policies incorporated herein under any applicable law. 
  2. INTERNATIONAL USE:

We make no representation that the Content on the Website is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Website from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.

  1. BREACHES OF THESE TERMS OF USE:
  2. Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your Internet Protocol address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
  3. Further, it is clarified that unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
  4. SEVERABILITY:
    This contract and any supplemental terms, policies, rules and guidelines posted on Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  5. TERMINATION:
    Your right to use the Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.
  6. FORCE MAJEURE
  7. ChadoTea shall not be liable to the Customer for default of its obligations under this these Terms or in relation to the Products when such default is by reason of:
  8. fire, accident, any law, order, proclamation, regulation, demand or requirement of the Government of India or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of ChadoTea;
  9. Act of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes);

iii. war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services, in which cases, ChadoTea shall be excused from such performance to the extent of such prevention.

  1. In the event of delay in delivery, ChadoTea will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among the customers in a fair and reasonable manner.
  2. GOVERNING LAW AND JURISDICTION:
  3. These Terms and all claims arising from or related to your use of the website services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
  4. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
  5. MISCELLANEOUS:
  6. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  7. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, such as a particular "Legal Notice," or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Website.
  8. No changes to these Terms shall be made except by a revised posting on this page.

If you do not agree to these Terms, you should immediately cease using the Website.  If you want to delete your account on the Website, please use contact instructions posted on the Website at which you obtained the account.