https://www.hfnlife.com (the “Website”) and our mobile application HFN Life (“App”) is made available by Heartfulness Institute, a not-for-profit company formed under Section 8 of the Companies Act, 2013 having its registered office at 7-2-1768, Flat No-102, Classic Avenue Apartments, Czech Colony, Street No 4, Sanath Nagar, Rangareddy, Hyderabad - 500 018 Telangana (“Company”, “us”, “we”, “our”).The Website and App are collectively referred to as the “Platform”.
We provide a marketplace platform that allows you, our curated Sellers in apparel, accessories, eye-care, home staples, organic foods and many more, to list such products on the Platform that promote conscious and balanced living (“Products”) and enable and facilitate the sale of such Products to our users (“Listing Services”).The users can choose and place orders from the Products listed and offered for sale by you on the Platform (each, an “Order”).We will also provide for the delivery of such Orders at select localities of serviceable cities across India (“Delivery Services”). The Listing Services and Delivery Services shall hereinafter collectively be referred to as “Services”.
YOUR APPLICATION AND ACCOUNT
To participate on the Platform, you will be required to submit to us an online application comprising of your name, email address, contact number, details of products you intend to list on the Platform and any other details as may be requested by us to verify your information (“Application”). We reserve the right, in our sole discretion, to accept or deny your Application. If we accept your Application, we shall send you a notification of acceptance and shall create an account for you on the Platform (“Account”). You will be provided with the required “Account Information” to enable access to your Account, which shall include a Seller identification code, password or any other piece of information which may be provided to you as part of our security procedures. You must always treat your Account Information as confidential and must not disclose it.
To gain access to your Account on the Platform, you will be required to pay a one-time registration fee of INR 500/- (Indian National Rupees Five Hundred only) to us (“Initial Registration Fee”) within 5 (five) working days of receipt of notification of acceptance of your Application and a one-time refundable security amount of INR 2000/- (Indian National Rupees Two Thousand only) (“Security Amount”).
If we change the eligibility criteria to be registered with the Platform and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may deactivate/close your Account without any liability on us for deactivating your Account. Our liability will be limited to the amounts due and payable to you for the payments acknowledged as due. We reserve the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Seller Terms.
If you know or suspect that anyone has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at email@example.com. We are not liable for any losses or other consequences of unauthorised use of your Account.
Listing on the Platform
Upon registration on the Platform you may list Products under a catalogue in the agreed format for the users to browse through the catalogue. The pricing of the Products and/or any discounts applicable to them shall be determined by you, provided that the Products shall not be sold at a price higher than the Maximum Retail Price (MRP). The users are free to browse through your catalogue on the Platform and choose the Products they wish to buy.
We shall engage third-party service providers to deliver the Products and/or pick up the return packages, as required. To provide you with the Delivery Services, we shall enter into separate contractual arrangements with such delivery service providers.
You may also hire your third-party delivery service providers to provide for delivery of the Orders. However, you shall always meet with the standards of packaging as provided in the section titled Delivery Standards herein below.
You shall be responsible for availing the packaging materials from the list of suppliers that we shall provide to you, from time to time. You shall further, be responsible for packaging the Orders and placing the Order form on the package before handing the package to the delivery service provider. For the above purpose, you agree to meet with the standards laid down by applicable law (both, at state and central level) and any other packaging standards as may be notified to you by us, from time to time.
In case any Order/Products remain undelivered, you may place a request with us to return to you all undelivered shipments within a period of 45 (forty-five) days from the date of Order placed. You agree to bear all expenses for the storage and return delivery of such undelivered shipment.
We are launching the Platform for a period of 90 (ninety) days for a beta testing (“Testing Stage”), during which we will use the Platform for making test sales. During the Testing Stage, subject to payment of Actual Costs, as provided below, you will not be charged any fee for the Services availed by you.
After the expiry of the Testing Stage, the Platform shall become operative (“Operative Stage”). The Services facilitated through the Platform shall be subject to a commission as will be updated on the Platform from time to time (“Commission”).
During the Testing Stage and Operative Stage, you alone shall be responsible for all the actual costs incurred by us in connection with you availing the Services, including without limitation, the costs related to sale of Products, delivery, shipping, returns, storage, damage, loss, cost for collection, payment gateway, remittance of payment, third-party service providers, or such other costs (“Actual Costs”). We will raise an invoice of the Actual Costs to you which are payable within 5 (five) days of receipt of the invoice. Further, we retain the right to deduct or set-off any amounts due by you from the payments collected from the users. You acknowledge and accept that where applicable, you will be required to comply with the Order processing and payment gateway mechanisms established by us for collection of sales proceeds.
When a user chooses to make an online payment for any Order, we merely facilitate the transaction between the user and you by providing for online electronic payment, receiving payment on delivery, collection and remittance. We will transfer the amounts received from the user to you after deducting the Commission within a maximum period of 30 days from the date of shipment of the Product. Please note that this in no way shall imply that we are the trustees or fiduciaries of the transaction or the transaction price, or that we are providing such Services on our own account.
Cost and Expenses Incurred by Platform for Non-Fulfilment of Orders or Cancellation of Orders by Sellers
In the event the Platform incurs any costs or expenses on your behalf because of your inability to fulfil the Order in entirety or cancellation of any Order from your end, including but not limited to costs incurred for attempting pickup, delivery or return of Products, then in such cases, we shall be eligible to charge you and you shall liable to pay to us 10% (ten percent) of the amount of such Product or Order (as applicable) as reimbursements for all costs and expenses borne by us on your behalf. This amount may be deducted by us from the Security Amount, and in the event the funds of the Security Amount are insufficient to cover this amount, it shall beset-off from the sum payable by us to you.
Cost and Expenses incurred by Platform on your behalf
In the event the Platform incurs any costs or expenses on your behalf, including without limitation, cost incurred for delivery of Products, bank transaction charges incurred for you, return of Products, refunds made to the Customer or any other scenario, other than that covered under Cost and Expenses Incurred By Platform for No-Fulfilment of Orders or Cancellation of Orders by Sellers, then such costs and expenses shall be deducted from your Security Amount maintained with us. We shall provide you with a monthly report of your transactions on the Platform and the balance of your Security Amount.
CANCELLATION; REPLACEMENT AND REFUND POLICY
In the event a user wishes to cancel an Order placed on the Platform, we allow the user to do so before the shipping ID is created and/or the cancellation option is available on the Platform to the user.
If upon receiving an Order, a user is dissatisfied with part/complete Order other than for reasons of damage, we may place an Order with you to provide a replacement to the user. If you fail to provide a replacement to the user within 5 (five) calendar days from the date of order for replacement, then we, in our sole discretion, may refund the amount of the requested Product, to such user. Product specific return or refund policies as provided in the website shall over-ride general provisions of refund or return under this section.
In all the above cases, you agree to indemnify us promptly and agree to reimburse the amounts that you may have received from the user and reimburse any costs borne by us.
RESOLUTION OF DISPUTE BETWEEN YOU AND USER
We reserve right to settle any claim or dispute that may be raised by a user or a third-party service provider against you, provided that such claim/dispute, in our sole discretion, is legitimate and fair. You agree to indemnify us promptly for all costs borne by us, or reasonably expected to be borne by us, to settle the claim/dispute, including any reasonable legal fees.
SELLER REPRESENTATIONS & COVENANTS
With respect to registration on and your use of the Platform and/or Services, you agree and represent that:
- You have the requisite authorisations and approvals necessary for agreeing to these Seller Terms;
- You are authorized to and have obtained (i) all approvals, licenses and permits to meet with these Seller Terms (ii) the necessary intellectual property permissions, including without limitation, the license to use any third-party trademarks for the Products you list on the Platform and to provide licenses/sub-licenses to us as specified in these Seller Terms or as requested from time to time, (iii) the necessary certifications for testing and verification, including fitness and merchantability for a particular purpose, prior to availing the Services (such as the license and registration from the Food Safety and Standards Authority of India (FSSAI), Bureau of Indian Standards (BIS), etc.), (iv) compliance with any and all regulatory requirements, (v) generally accepted industry standards, and (vi) and any other requirements as provided under applicable law; and
- You are under no restrictions, hindrances or encumbrances of any nature and of any manner, which restrict you from performing your obligations.
- You are authorized to enter into these Seller Terms and register for the Services, in accordance with the laws of the Republic of India, and that you are not using a robot, spider, crawler, scraper or other automated means to access the Platform.
With respect to your use of the Platform and/or Service, you covenant that:
- You will continue to comply with applicable law;
- You will provide us with only such information that is true and accurate to the best of your knowledge;
- You will not assign or otherwise transfer your Account or disclose your Account Information to any other person or legal entity;
- You will not offer fake, spurious, counterfeit, damaged, defective, refurbished products, or products procured through illegitimate channels or any such products which may cause prejudice and harm to the users or to our reputation and goodwill;
- You will not approach any user of the Platform, whether he/she places an Order with you or not, by any other means except through the Platform;
- You will obtain all the necessary insurances with adequate cover (which shall not be less than the value of the Product) for the Products you offer for sale. In the event of any damage to the Products in the course of delivery or return, you shall be solely responsible for all losses suffered by you. You agree and acknowledge that we shall not be responsible for any losses suffered by you in the event of any damage to the Products in the course of delivery or return;
- You will not try to harm the Platform or the Service in any way whatsoever nor will copy, scrape or distribute the Platform or other Content without written permission from us;
- Your use of the Platform or the Services will be in accordance with the applicable law; and
- You will not use the Platform or Services to cause nuisance, annoyance or inconvenience, including transmitting or procuring the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
ACCESSING THE PLATFORM
We do not guarantee that your use of the Platform or any Content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if, for any reason, the Platform is unavailable at any time or for any period. Further, we will not be liable to you for any claim made by you in an event of our disassociation with you or suspend your registration to the Account or limit your access to the Platform.
You are also responsible for ensuring that all persons who access the Platform through your Account are aware of these Seller Terms and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owners of the Platform. However, the ownership of the Content is with the creator of that specific Content. We do not have any ownership rights on the Content available on the Platform, except as provided otherwise in these Seller Terms.
The trademarks, logos and service marks displayed on the Platform are either ours, yours or belong to the respective third parties, as the case may be (“Marks”). You are not permitted to use the Marks without the prior written consent of the respective owner of the Marks.
In the event you download or print any pages or make digital copies of any material or Content available on the Platform, then you must not add, remove or in any manner, modify such copies. You must not use any part of the Content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
UPLOADING CONTENT TO THE PLATFORM
you upload Content to the Platform, you must comply with the Content standards set out in these Seller Terms. You warrant that any such Content added by you shall comply with such standards and that you will be liable to us and indemnify us for any breach of this warranty. You will be responsible for any loss or damage we suffer as a result of the breach of this warranty.
Any Content uploaded to the Platform will be considered non-confidential and non-proprietary. You represent and warrant that any Content provided by you shall:
- be accurate and genuine;
- be in accordance with the applicable law;
- not violate any intellectual property right of any other person;
- not promote any unlawful activity, sale of prohibited/illegal goods;
- not give the impression that they emanate from us;
- not refer to any platform, app or URL that, in our sole discretion, contains material that is inappropriate for this Platform or contains material that would be prohibited or violates the letter or spirit of these Seller Terms; and
- not collect or store personally identifiable information from us or our users without consent.
We reserve the right to disclose your identity to any third party who is claiming that the Content posted or uploaded by you to the Platform constitutes a violation of the intellectual property rights, or right to privacy of such third party.
We will not be responsible or liable to any third party, for the Content or accuracy of any Content posted by you on the Platform. We have the right to remove any Content posted on the Platform if, in our opinion, such post does not comply with the Content standards set out herein.
RIGHTS YOU LICENCE
When you upload or post Content on the Platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You represent and warrant that you own or otherwise control all of the rights to the Content that you post or that you otherwise provide on or through the Platform. You agree that this license grants us the right to make such Content available to others for publication of such Content on any media channels (including without limitation, audio, video, social and print media), subject to these Seller Terms. Such additional uses by us or others shall be made with no compensation paid to you.
We may modify or adapt the Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
Additionally, by uploading Content to the Platform, you warrant, represent and agree that you have the right to grant us the licenses described above. If you wish to make any use of Content on the Platform other than that set out above, please send us an e-mail at firstname.lastname@example.org.
NO RELIANCE ON INFORMATION
The Content of the Platform, including without limitation, text, copy, audio, video, is for informational purposes only. Reliance on any Content or other information appearing on the Platform, whether provided by us, our users, or others, is solely at your own risk. We shall not bear any liability for any loss/injury that may arise due to your reliance on such Content or information published on the Platform. You acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by any user on any information published by you on the Platform, in that case you shall be solely responsible for all claims/damages/liability arising with respect to your Products or your representation on our Platform, and we shall have no liability in relation to the same. We may review the Contents uploaded by you on the Platform to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content or Products that we reasonably believe violate our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.
We assume no responsibility for the Content of any other platforms that may be linked to our Platform. Such links should not be interpreted as endorsement by us of those linked platforms, or any products offered by them. We will not be liable for any loss or damage that may arise from your use of such linked platforms.
We make no representations, warranties or guarantees, whether express or implied, that the Content on the Platform will always be accurate, complete or up-to-date.
LINKING TO THE PLATFORM
You may link to your website through our Platform instead of directly listing the Products provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link in the Platform to any webpage that is not owned by you. You must not frame this Platform in any other webpage, or create a link in any part of this Platform, other than the home page. We reserve the right to withdraw the permission to link without prior notice. The webpage to which you are linking must comply in all respects with the Content Standards set out in these Seller Terms. If there are separate agreements entered into for any arrangements for the purposes of providing links and/or framing services, then those agreements will prevail over these Seller Terms.
DISCLAIMER OF WARRANTIES
WE ARE AN “INTERMEDIARY” UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND ANY RULES MADE THEREUNDER, THAT REQUIRE PUBLISHING OF THE RULES AND REGULATIONS FOR USING OUR PLATFORM. OUR ROLE IS LIMITED TO PROVIDING THISPLATFORM TO DISPLAY THE CONTENT SHARED BY YOU AND CONNECT YOU WITH OUR USERS. WE ARE NOT A PARTY TO ANY CONTRACT OR PURCHASE ORDER, WHETHER EXPRESS OR IMPLIED, BETWEEN THE USERS AND YOU. FURTHER, WE HAVE NO CONTROL OVER YOUOR THE USERS OR OVER THE PRODUCTS PROMISED BY YOU TO THE USERS.WE ARE ALSO NOT RESPONSIBLE FOR SERVICES OFFERED BY OTHERS, EVEN IF YOU ACCESS THEM THROUGH OUR SERVICES. OUR RESPONSIBILITY FOR ANYTHING THAT HAPPENS ON OUR PLATFORM IS STRICTLY GOVERNED BY THE LAWS OF THE REPUBLIC OF INDIA AND IS LIMITED TO THAT EXTENT.
You expressly acknowledge and agree that use of the Platform and the Services is at your sole risk. The Platform and the Services are provided on an "as is" and "as available" basis. Although we use commercially reasonable efforts to procure high quality Services for all our Users and Sellers, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties of merchantability or fitness for a particular purpose. Our association with any Product or any brand should not be construed as endorsing or promoting such Product or its quality or reliability. We make no warranty that the Platform or the Services will meet your requirements, or that the Services or your access to the Platform will be uninterrupted, timely, accurate or reliable, nor do we make any warranty as to any information that may be obtained through the Platform or the Services. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Platform or the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to users generally; and/or create usage limits for the Services.
Please note that any of the Content on the Platform may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Platform or any Content on it, will be free from errors or omissions.
No advice or information, whether oral or written, obtained by you from Platform or through the Services shall create any warranty not expressly made herein.
Unless otherwise specified, the Products listed on the Platform are presented solely for the purpose of sale in the territory of India. We make no representation that the Products are appropriate or available for use in any jurisdiction other than India. In the event you choose to access this Platform from any jurisdiction other than India, you acknowledge that you do so on your own initiative and we are not responsible for sale or return of Products in such jurisdictions or compliance with local laws, to the extent local laws are applicable.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any Content on it, whether express or implied.
We will not be liable to you for any direct, indirect, consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Platform;
- use of or reliance on any Content displayed on the Platform;
- use of the Services provided through the Platform;
- loss of profits, sales, business, business opportunity or revenue;
- business interruption; or
- loss of business opportunity, goodwill or reputation.
To the maximum extent permitted by applicable law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, associate organizations, subsidiaries, group companies (as applicable) and their respective officers, directors, functionaries, trustees, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Seller Terms, or your violation of the applicable law or the rights (including infringement of intellectual property rights) of a third party.
You will be responsible for protection from any viruses, trojans, worms, logic bombs or other malicious technologically that may be harmful material to you. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
We will not be liable for any loss or damage to your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or your downloading of any Content from it, or on any Platform linked to it.
You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Platform will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
In case you do not want to continue using our Services and want to deactivate your Account with us, please contact us at email@example.com.If you do not agree with any provision of these Seller Terms and wish to opt out of such provision, please write to us at firstname.lastname@example.org. You agree that your Account will not be deactivated unless your Opt-Out Request is accepted by us.
When you visit this Platform, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.
TERM AND TERMINATION
We reserve the right to refuse to continue providing you with access to this Platform and/or the Services at our sole discretion. This Platform is not available to any person whose Account has been suspended or terminated by us for any reason whatsoever. Provided, however, certain sections of these Seller Terms such as Intellectual Property Rights, No Reliance on Information, Disclaimer of Warranties, Limitation of Liability, Indemnification and General Terms (as given below), shall continue to remain in full force and effect indefinitely.
Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of these Seller Terms, you and the Company shall act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of us, express or implied, and you shall not attempt to bind us to any contract.
No Exclusivity: These Seller Terms do not create an exclusive arrangement between you and us. We shall retain the right to associate and enter into arrangements/agreements with Sellers offering similar or identical products on the Platform as are offered by you.
Applicable Law: Please note that these Seller Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Hyderabad, India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Seller Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.
Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against us, and our subsidiaries, affiliates, officers, agents, licensors, co-branders, other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our Platform, its Services or Content. You understand that any fact relating to any matter covered by this release if found to be other than now believed to be true, then you will accept and assume the risk of such possible differences in fact.
If we fail to insist that you perform any of your obligations under these Seller Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Invalidity of Specific Terms: If any provision of these Seller Terms is found by a court of competent jurisdiction to be invalid, other provisions of the Seller Terms shall remain in full force and effect.
Force Majeure: We shall not be responsible for any loss or deficiency in the Services where such loss or deficiency of Service is due to acts or circumstances which are beyond our control, which subject to the foregoing shall include, but not be limited to, acts of god such as fire, storm, flood, earthquake, explosion, acts of public enemy, acts of war or terrorism, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, transportation embargoes or failure or delays in transportation, strikes and lockouts, acts (including laws, regulations, disapproval or failure to approve) of any government whether national, municipal or otherwise, or any agency thereof, and acts of third parties, or any other act outside our reasonable control.
If you have any general queries relating to the Platform, or come across any abuse or violation of these Seller Terms, or for general feedback, please email us at email@example.com or write to our Grievance Officer at the following address:
Name: Hema Vetekar
Complete Address: Kanha Shanti Vanam, Kanha Village, Nandigama Mandal, Ranga Reddy District Telangana - 509325
THANK YOU FOR VISITING US.