Privacy Policy, Shipping & Returns Policy and Other Terms & Conditions

PRIVACY POLICY

Posted as of 18 June 2018

Last updated as of 10, February 2022

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional website.

This Website is created and operated by M/s Kalart Creations, (hereinafter referred to as “We”, “Our”, and “Us”), operating under a brand name “Earthy Sapo” (“Brand name”). The creator of this Privacy Policy ensures a steady commitment to Your privacy with regard to the protection of your invaluable information that you may share across on this Website. This privacy policy contains information about the Website “www.earthysapo.com & www.internatinal.earthysapo.com”. (“Website”)

For the purpose of these Privacy Policy (“Privacy Policy”), wherever the context so requires, “We”, “Firm”, “Our”, and “Us” shall mean and refer to the Website.
“You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals shall be users as well as “Service Providers” wherever required under the terms of this website provided by us and who is competent to enter into binding contracts, as per Indian laws.

“Third Parties” refer to any website, platform or individual apart from the Users and the creator of this Website.

To provide You with Our uninterrupted use of the Website, We may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.

This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at admin@earthysapo.com / customercare@earthysapo.com

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED

HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

INFORMATION WE COLLECT

We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:

Personal data including but not limited to Name, Phone Number, Email ID, Address, etc.
Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer or device browser information, and other information associated with your interaction with the Website;

This privacy policy also applies to data we collect from User/ Service Providers who are not registered as members of this Website, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by You from time to time on the Website. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:

To enable the provision of services opted for by you;
To enable the viewing of content in your interest;
To communicate the necessary account and service-related information from time to time;
To allow you to receive quality customer care services and data Collection;
To comply with applicable laws, rules and regulations;

Where any service requested by You involves a third party, such information as is reasonably necessary by the Firm to carry out Your service request may be shared with such third party. We also do use your contact information to send you offers based on your interests and prior activity and also to view the content preferred by you. The Firm may also use contact information internally to direct its efforts for service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the ‘unsubscribe’ button or through an email to be sent to admin@earthysapo.com

To the extent possible, we provide You with the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Website and opt-out of any non-essential communications from the Website.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.

OUR USE OF YOUR INFORMATION

The information provided by you shall be used to provide and improve the service for you and all User/ Service Providers.

To provide you with services on your request.
For maintaining an internal record.
For enhancing the Services provided.
For maintaining record under the legal and statutory provisions.

For more details about the nature of such communications, please refer to our Terms of Service. Further, your data and Sensitive Personal data may be collected and stored by Us for internal record.

We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you.

We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.

Information collected via Our server logs includes User/ Service Providers’ IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how User/ Service Providers engage with our Website so that we can improve it and cater personalized content/ads according to their preferences.

HOW INFORMATION IS COLLECTED

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Firm to elucidate the purpose of collection of said personal information, pending the fulfilment of which you shall not be mandated to disclose any information whatsoever.

We will collect and use your personal information solely to fulfil those purposes specified by us, within the scope of the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

COOKIES

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. By continuing to browse the site, you are agreeing to our use of cookies. Cookies contain information that is transferred to your computer’s hard drive. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. A list of the type of cookies we use is as follows;

Strictly necessary cookies.These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies.They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that User/ Service Providers are finding what they are looking for easily.
Functionality cookies.These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies.These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third-parties for this purpose.

Please note that third-parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

GOOGLE ANALYTICS

We use Google Analytics to help us to understand how you make use of our content and work out how we can make things better. These cookies may follow all visitors of the Platform and collect anonymous data on where they have come from, which pages they visit, and how long they spend on the site. This data is then stored by Google to create reports. These cookies do not store personal data or business data. The information generated by the cookie about the use of the Website, including IP address, may be transmitted to, and stored by Google on servers in the United States. Google may use this information to evaluate the visitor’s use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate any IP address’ with any other data held by Google. By using this website, all visitor’s consent to the processing of data by Google in the manner and for the purposes set out above. The Google website contains further information about Analytics and a copy of Google’s privacy policy pages.

EXTERNAL LINKS ON THE WEBSITE

The Website may include advertisements, hyperlinks to other Websites or resources. We have no control over any other website or resources or contents available on these other websites, which are provided by companies or persons other than Us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services or other materials on or available from such Website or resources. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, services or other materials on, or available from, such Websites. These external third-party websites and resource providers may have their privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that you enter the Website and review their privacy policy.

YOUR RIGHTS

Unless subject to an exemption, you have the following rights concerning your data:

The right to request a copy of your data which we hold about you;
The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
The right to withdraw Your consent to the processing at any time;
The right to object to the processing of personal data;
The right to complain about a supervisory authority.
The right to obtain information as to whether personal data are transferred to a third country or an international organization.

Where you hold an account with any of our services, you are entitled to a copy of all personal data which we hold concerning you. You are also entitled to request that we restrict how we use your data in your account when you log in.

CONFIDENTIALITY

You further acknowledge that the Website may contain information that is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services, and you retain sole discretion to seek for discontinuation of such communications at any point in time.

OTHER INFORMATION COLLECTORS

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.

OUR DISCLOSURE OF YOUR INFORMATION

We may host surveys for survey creators for our Website who are the owners and users of your survey responses. We do not own or sell your responses. Anything you expressly disclose in your responses will be disclosed to survey creators. Please contact the survey creator directly to better understand how they might share your survey responses.

Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made thereunder or any other law for the time being in force.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We do however assure you that any disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

External Service Providers: There may be several services offered by external service providers that help you use our Website. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or permit them to collect information about you, then their use of your information is governed by their privacy policy.
Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

ACCESSING, REVIEWING AND CHANGING YOUR PROFILE

Following registration, you can review and change the information you submitted at the stage of registration, except Email ID and mobile number. An option for facilitating such change shall be present on the Website and such change shall be facilitated by the User/ Service Provider. If you change any information, we may or may not keep track of your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Such prior information shall be completely removed from our databases, including stored ‘back up’ systems. If you believe that any information, we are holding on to you is incorrect or incomplete, or to remove your profile so that others cannot view it, the User/ Service Provider needs to remediate, and promptly correct any such incorrect information.

SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Firm. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed.

However, as effective as encryption technology is, no security system is impenetrable. Our Firm cannot guarantee the security of our database, nor can we guarantee that information you provide won’t be intercepted while being transmitted to the Firm over the Internet.

SEVERABILITY

Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall not affect the remaining paragraphs of this privacy policy.

AMENDMENT

Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be on the Website. Any amendments to this Policy shall be deemed as accepted by the User/ Service Provider on their continued use of the Website.

CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL REQUESTS

To withdraw your consent, or to request the download or delete your data with us for any or all our services at any time, please email to admin@earthysapo.com

CONTACT US

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to admin@earthysapo.com

Welcome to Kalart Creation’s Terms of Use

This Website is created and operated by M/s Kalart Creations (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at ‘Ground Floor, Chachan House, 7-1-69/1/A, Dharam Karam Road, Ameerpet, Hyderabad, Telangana, 500016, and operating under the brand name “Earthy Sapo” (“Brand Name”). We intend to ensure your steady commitment to the usage of this Website and the services provided by us through our Website “www.earthysapo.com & www.internatinal.earthysapo.com”.

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Website provided by us and who is competent to enter into binding contracts, as per law. “Third Parties” refer to any Website, platform or individual apart from the Users and the creator of this Website.

GENERAL TERMS

The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Website.
The use of this Website is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.

You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Website constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.
We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed terms.

WEBSITE OVERVIEW

The Website is an online e-commerce website that focuses on natural, chemical and preservatives free personal and home care products for the consumer needs with a goal to make consumer’s life fulfilling, convenient, and cost-effective. The Platform is committed to providing natural value products for all categories for the users’ daily routine while ensuring that the user’s lifestyle is simple and undemanding through the natural and Ayurvedic products.

The role of the Website is to create an online marketplace that consists of various types of personal care, home care and general utility products containing natural-earthy ingredients. The Website provides information content in the form of blogs, topics ranging from Sustainable and living, specifications, generalized information, personal information, product search, categories, and a dedicated arrays of natural and Ayurvedic information over products.

REGISTRATION

Registration on the platform is not mandatory for Users of the Website. The Users can register by providing the following information:

Name
Phone Number

Email ID

Address

ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
You shall not use the Website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

PAYMENT GATEWAY

For making all payments for services on the Website, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

Further, the Users can also make direct payments to the UPI ID or the bank details provided by the platform.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website.

All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by You can be made via the Website, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, and modify any content without written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless Us, and our respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

Your use of the Website,
Your violation of these Terms of Use;
Your violation of any rights of another;
Your alleged improper conduct according to these Terms of use;
Your conduct in connection with the Website;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

We are not responsible for any consequences arising out of the following events:
1. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
2. If you have fed incorrect information or data or for any deletion of data;

If there is an undue delay or inability to communicate through email;

If there is any deficiency or defect in the Services managed by Us;
If there is a failure in the functioning of any other service provided by Us.

The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by Us through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website.
The Website shall not bear any responsibility whatsoever, for any consequences or any skin reactions or allergies arising from the use of the products. Earthy Sapo’sproducts are based on natural formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that earthysapo.com will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products.We recommend that you do a patch test for 24 hours of our products to ascertain any allergic reaction to you. If redness or irritation develops, discontinue use of the product. The information presented on the website is not meant to diagnose or treat any medical condition nor to replace the advice or care of a qualified health professional.
You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.
The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

TERM

These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Websites.
You may terminate your use of the Website at any time.
We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Website at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that we may discontinue the Services and Websites without any prior notice.

TERMINATION

We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

COMMUNICATION

By using this Website and providing Your identity and contact information to Us through the Website, You agree and consent to receive e-mails or SMS from Us and/or any of its representatives at any time.

You can report to “admin@earthysapo.com / customercareearthysapo.com” if you find any discrepancy with regard to Website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Website or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledge that you are a restricted user of this Website and you:

Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
Agree to use the products purchased from the Website for personal use only, and shall strictly not use for any wholesale/ resale purposes.
Agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website.
Authorize the Website to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.

Understand and agree that, to the fullest extent permissible by law, the Website or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission.
Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive content on the Website.

Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website, at our sole discretion.

You further undertake not to:

Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
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 viewer 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;
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 Website or any affiliated or linked Websites.
Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (s);

Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website;

Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Website;
You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our 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. You further understand that the 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.

By indicating Your acceptance to use any services offered on the Website, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.

You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Website without prior intimation whatsoever.
You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

belongs to another person and to which you have no right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;

is in any way harmful to minors;

infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; 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;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:

If you are in breach of any of these Terms of Use or the Privacy Policy;
If you have provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website or such other third party and other distinctive brand features of the Website are the property of the Website or the respective copyright or trademark owner. Furthermore, concerning the Website, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Website, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website through which You can communicate with other users and the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

You further agree and undertake that you are accessing the Website at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Website or accessing/using any information displayed thereon.
You agree that any kind of information, resources, activities, recommendations obtained/availed from the Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
We do not guarantee that the features and content contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Website.
It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad, Telangana, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about these Terms of Use, the practices of the Website, or your experience, you can contact us by emailing us at admin@earthysapo.com or by writing to us at

M/s Kalart Creations

Ground Floor, Chachan House, 7-1-69/1/A,

Dharam Karam Road, Ameerpet, Hyderabad,

Telangana, 500016

SHIPPING & RETURNS POLICY

Placing an order

Browse the catalogue to make your purchase. When you have selected the items you wish to order, enter the quantity you desire and click on “Order”. Click on “Continue Shopping” to shop for more items. When your order contains the items and quantities you wish to purchase, click on the “Checkout” link underneath your order. You will then be asked to provide us with your shipping and payment information. Please check the information on Payment Policy to know more. On placing an order, you will receive an email confirmation/invoice from admin@earthysapo.com. In case of non-receipt of an email, please check your spam folder & intimate us at +919989022173 or admin@earthysapo.com about the same.

Once you have successfully made your payment, and we receive a confirmation for the same from the payment gateway/bank records, your order will be sent for processing. We will ship, your order to you as per our shipping policy. Please see below for information on our Shipping Policy.

Out of stock Items

We apologize for the inconvenience this may cause. Earthy Sapo does not back order, that is we do not accept orders which we cannot fulfill immediately. Items which are currently unavailable are clearly displayed as “Out of Stock”.

a) Shipping Policy
Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.

Purchases are shipped from our warehouse in Hyderabad by courier. From the date of placing the order, please allow us atleast 48 hrs to dispatch the order. Any delay, shall be intimated to the customer. Order dispatch will be made between 11am – 4pm Monday – Saturday.

Delivery time – Earthy Sapo, dispatches its orders through third party logistic companies. From the date of dispatch, please allow the following no. of days for receipt of order:
• 2-6 business days in Urban regions within India. (This region consists of major cities and towns in India that are served by major courier companies and Indian postal service)
• 5-10 business days for Rest of India. (This consists of regions that are only served by Indian Postal Service and or regional courier companies including cities/region/towns on the suburbs or outskirts of major cities).
• The above mentioned dates are an approximation, which depends on third party logistics. Earthy Sapo is not to be held liable for delay in deliveries especially in case of unavoidable circumstances like strikes and national calamities or epidemics.

Once the dispatch is made, we will intimate you the courier tracking details to enable you track your courier. In the event, the order is not received within the above approximate days, you are requested to intimate us to facilitate tracking of the courier. We will assist you in the tracking of the parcel at all times, however, we are not to be held liable for any delays.

Goods will need to be signed for upon delivery and this proof would be considered as a confirmation of receipt at your end. If you cannot be there to sign for your delivery please suggest an alternative i.e. a family member, colleague, neighbour, etc. Earthy Sapo takes no responsibility for goods signed by an alternative person.

Earthy Sapo is not responsible for damage after delivery.

All claims for shortages or damages must be reported within 1 day of delivery at admin@earthysapo.com with a picture attached.

b) Returns
It is Earthy Sapo’s intention to satisfy our customers. However, we will gladly issue a full refund only for items that have been incorrectly dispatched from our end or if the customer has received a damaged product. This has to be intimated to us by contacting us on phone or by email. When the same has been agreed to from our end as well, we would send you an email confirming that the product could be returned and the mode for it. Please note that Earthy Sapo is not responsible for damage after delivery. All claims for shortages or damages must be reported to customer service within 1 day of delivery. Any full priced merchandise must be returned within 7 days of the date of purchase, to avail of an exchange or refund from our end. We do not offer any cash refunds and the amount would be credited to your account within 2 weeks after confirmation of refund from our end.

Please allow one to three weeks from the day you return your package for your request to be processed. You will be contacted once your return is complete. In no other case would a product be accepted for exchange or refund. Please note that we cannot offer exchanges or refunds on any discounted or used products. To return any items, please contact Customer Service by phone at +91 9989022173 or by email at admin@earthysapo.com

All returned items except damaged must be accompanied by a copy of the original receipt, a return/ exchange authorization number and in saleable condition. Postage will not be refunded.

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