Terms of service

OVERVIEW
This website is operated by Woke Nutrition. Throughout the site, the terms “we”, “us” and “our” refer to Woke Nutrition. Woke Nutrition offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - 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.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Woke Nutrition, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Woke Nutrition and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@wokenutrition.com.
Our contact information is posted below:
[INSERT TRADING NAME]
support@wokenutrition.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] Terms & Conditions

Electronic Record:

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable 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 Website.

Domain Name:
The domain name www.wokenutrition.com is owned by Woke Nutrition Private Limited

This Website contains Intellectual Property the use, copy, reproduction, publishing, hosting, transmission or sharing of which by User or any third party shall amount to violation of rights of Woke Nutrition Private Limited.

License and Operation:
The Website is operated i.e. in charge of, handled, managed, operated, run by Woke Nutrition Private Limited.

Definitions:
For the purpose of the below mentioned Terms and Conditions of Use of this Website and its features, wherever the context so requires:
 

1) “Additional Terms” shall mean any terms provided in the invoice or on any other documents or illustrations accompanying the product

2) “Applicable Laws” shall mean all laws of India, ordinance, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements and regulations of any governmental authority having jurisdiction over the relevant matter as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter. 

3) “Intellectual Property” shall mean trademarks, names, pictures, titles, logos, texts, IP addresses, images, designs, copyrights and other proprietary materials owned and registered by WOKE NUTRITION PRIVATE LIMITED and licensed to and managed by WOKE NUTRITION PRIVATE LIMITED.

4) “Policies” shall mean the Privacy Policy, Legal Policy and Disclaimer and any other policy uploaded onto the Website from time to time including any amendments or revisions made to existing policies as well as this Terms of Use

5) “Terms of Use” shall mean this Terms and Conditions of Use including any amendments or revisions made from time to time.

6) “WOKE NUTRITION PRIVATE LIMITED” shall mean WOKE NUTRITION PRIVATE LIMITED a company incorporated under the Companies Act, 1956 having its registered office at 136, 4th Main Rd, Rajaji Nagar Industrial Town, Rajajinagar, Bengaluru, Karnataka 560044. hereinafter referred to as “WOKE NUTRITION PRIVATE LIMITED”.

7) “We”, “Us”, “Our” shall mean WOKE NUTRITION PRIVATE LIMITED;

8) “Website” shall mean www.wokenutrition.com and shall include the homepage and all other webpages and data files connected through hyperlinks excluding any third party websites on which WOKE NUTRITION PRIVATE LIMITED does not have any control; and

9) “You” or “User” shall mean any natural or legal person who has agreed to become a casual user who browses through the site, a Registered user/Member who registers by providing requisite details and /or a buyer on the Website.

Interpretation:

The terms and conditions of the Policies shall apply unless modified in the Additional Terms. In the event of any conflict between the provisions of the Policies and the Additional Terms, the provisions of the Additional Terms shall prevail.

Applicability:

Your use of the Website and services and tools are governed by the following Terms as applicable to the Website including the applicable Policies which are referred to herein.

By mere use of the Website, You shall be contracting with Us and, these Terms of including the Policies constitute your binding obligations with Us.

Right to Use and Amendment:

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice to You.

It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revision.

As long as You comply with these Terms of Use and other Policies of WOKE NUTRITION PRIVATE LIMITED as provided on the Website, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Throughout these Terms of Use, WOKE NUTRITION PRIVATE LIMITED’s prior written consent means a communication coming from WOKE NUTRITION PRIVATE LIMITED, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

Acceptance:

Browsing or accessing the Website indicates Your agreement to all the Terms of Use.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our Policies.

Hence, please read the Policies carefully before proceeding.

Eligibility:

Use of the Website for placing online orders is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors (below the age of 18 years), un-discharged insolvents etc. are not eligible to use the Website. If you are incompetent to contract under Indian Contract Act, 1872 as provided above, you shall not register as a User of the Website and shall not transact on or use the Website.

As a minor if you wish to use or transact on Website, such use or transaction may be made by Your legal guardian or parents on the Website who agree to be bound by the Terms of Use of the Website and responsible for any consequences or implications of a minor using the Website without adult supervision.

We reserve the right to terminate Your membership and / or refuse to provide you access to the Website if it is brought to Our notice or if it is discovered that you are incompetent to contract under Indian Contract Act, 1872 as provided above.

User Obligations:

You agree to use the Website and the materials provided therein only for purposes that are permitted by:
 

  • The Terms of Use and other Policies.

  • Any Applicable Laws.

  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with the Policies.

  • 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 Us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Intellectual Property, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. WOKE NUTRITION PRIVATE LIMITED disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content at the email address support@wokenutrition.com

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • Belongs to another person and to which You do not have any right to.

  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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.

  • Is misleading in any way.

  • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, vengeance, hatred or physical harm of any kind against any group or individual.

  • Harasses or advocates harassment of another person.

  • Involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’.

  • Infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.

  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

  • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.

  • Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

  • Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website.

  • Interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

  • Refers to any Website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

  • Harm minors in any way.

  • Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.

  • Violates any law for the time being in force.

  • Impersonate another person.

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

  • Threatens the unity, integrity, defiance, security or sovereignty of India, friendly relations with foreign states, or public order.

  • Is false, inaccurate or misleading.

  • Shall be directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Laws.

  • Shall create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (‘ISPs’) or other suppliers.

  • You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, 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 or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

  • You shall not 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 Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website.


Access to Website:

We will do Our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Confidentiality:

As a registered User (member) you are responsible for maintaining the confidentiality of user-id and password and you shall be responsible for all activities that occur under Your user-id. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if not in accordance with the stipulated Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.

Communication:

When You use the Website or send emails, information or communication to Us, You understand that You are communicating with Us through electronic records and You also consent to receive communications via electronic records from Us periodically and as and when required.

Price:

Registration / Membership on the Website is free. We do not charge for browsing or buying on this Website. The prices of products displayed in the Website are the maximum retail price (MRP) only and may vary from time to time. Unless otherwise specified, all prices mentioned are in Indian Rupees.

The prices and products are subject to change from time to time at Our discretion. All prices of products displayed on the Website are inclusive of applicable taxes. WOKE NUTRITION PRIVATE LIMITED may at its sole discretion offer discounts to the customers on their purchases.

The Users shall be solely responsible for compliance of all Applicable Laws for making payments on orders through the Website.

We shall not be responsible for any service charges and related taxes levied on You for the use of any payment and settlement mechanism or use of any specific bank for facilitating the payment and any such additional payments made by You shall be in addition to the price paid for purchase of the product.

The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Website. Unless otherwise specified, the products on this Website are presented solely for the purpose of sale in India.

We make no representation that materials in the Website are appropriate or available for use in other locations / countries other than India.

Those who choose to access this Website from other locations / countries other than India do so on their own initiative and we are not responsible for supply of products ordered from countries other than India.

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by WOKE NUTRITION PRIVATE LIMITED may be incorrectly reflected and in such an event WOKE NUTRITION PRIVATE LIMITED may cancel Your order(s).

Rates mentioned as MRP. On the website is Per Pair (2N) inclusive of all taxes, Data Subject to change.

Payment:

For the purpose of online ordering and payment, all Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank / payment instrument issuing company.

All the online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports payment facility to provide these services to the Users. All such online bank transfers on payment facilities are also governed by the terms and conditions agreed to between You and the respective issuing bank.

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
 

  • Lack of authorization for any transaction/s, or

  • Exceeding the preset limit mutually agreed by You and between Your issuing bank or payment facility, or

  • Any payment issues arising out of the transaction, or

  • Decline of transaction for any other reason/s.

 All payments made against the purchases on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering Your order to You, WOKE NUTRITION PRIVATE LIMITED may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Your relationship with WOKE NUTRITION PRIVATE LIMITED is on a principal to principal basis and by accepting these Terms of Use you agree that WOKE NUTRITION PRIVATE LIMITED is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Website that are paid for by using the Payment Facility. We do not make any guarantee for the payment facility or that the transaction will be completed each time.

You understand, accept and agree that the payment facility provided by WOKE NUTRITION PRIVATE LIMITED is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, WOKE NUTRITION PRIVATE LIMITED is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Shipment:

The shipping of products from Our end to the customer will be effected through third party courier agencies with whom We have contracted separately.

The title and risk of loss for all products ordered by You shall pass on to You upon Our shipment to the courier. The courier will make a maximum of three attempts to deliver Your order.

In case You are not reachable or You do not accept delivery of products in these attempts we reserve the right to cancel the order(s) at Our discretion.

Necessary Infrastructure:

You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

Violation of the Terms of Use:

You agree that We may, in Our sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if We determine that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to WOKE NUTRITION PRIVATE LIMITED, for which monetary damages would be inadequate, and You consent to WOKE NUTRITION PRIVATE LIMITED obtaining any injunctive or equitable relief that WOKE NUTRITION PRIVATE LIMITED deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WOKE NUTRITION PRIVATE LIMITED may have at law or in equity.

You agree that We may, in Our sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to):
 

  1. requests by law enforcement or other government agencies;

  2. a request by You (self-initiated account deletions);

  3. discontinuance or material modification of the Website or any service offered on or through the Website; or

  4. Unexpected technical issues or problems.

 If WOKE NUTRITION PRIVATE LIMITED takes any legal action against You as a result of Your violation of these Terms of Use, WOKE NUTRITION PRIVATE LIMITED will be entitled to recover from You, and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to WOKE NUTRITION PRIVATE LIMITED.

Termination:

The Terms of Use will continue to apply and survive indefinitely until terminated by either You or Us as set forth below.

If You want to terminate Your agreement with Us, You may do so by:
 

  • not accessing the Website; or

  • Closing Your accounts for all of the services that You use, where We have made this option available to You on the Website.

  • We may, at any time, with or without notice, terminate the Terms of Use (or portion thereof) with You if:

  • You breach any of the provisions of the Terms of Use or any terms and conditions of the other Policies that may be applicable to You from time to time or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same

  • We are required to do so by Applicable Laws (for example, where the provision of services to You is, or becomes, unlawful);

 The provision of the services to You by Us is, in Our sole opinion, no longer commercially viable.
We have elected to discontinue, with or without reason, access to the Website, the services provided through the Website (or any part thereof); or
We may also terminate or suspend all or a portion of Your account or access to the Website with or without reason. Except as may be set forth in any Additional Terms applicable to a particular product available on the Website, termination of Your Account may include:
 

  • removal of access to all offerings within the Website

  • deletion of Your materials and account information, including Your personal information, login ID and password, and all related information, files and materials associated with or inside Your account (or any part thereof); and

  • barring of further use of the Website.

 You agree that all terminations shall be made in Our sole discretion and that WOKE NUTRITION PRIVATE LIMITED shall not be liable to You or any third party for any termination of Your account (and accompanying deletion of Your account information), or Your access to the Website and services provided through the Website.

If You or WOKE NUTRITION PRIVATE LIMITED terminates Your use of the Website, We may delete any content or other materials relating to Your use of the Website and We will have no liability to You or any third party for doing so.

The termination of this Terms of Use for any reason shall be without prejudice to any rights or liabilities of the User or WOKE NUTRITION PRIVATE LIMITED which have accrued prior to such termination and shall not affect or prejudice any provision of this Terms of Use which expressly or by implication comes into effect or continues in effect after termination.

Limitation of Liability:

We will not be responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of having exceeded the preset limit mutually agreed by you with the bank or, any other payment issues arising out of the transaction.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to You and Us in the course of Your using the Website.

We will not be held responsible for any delay or failure to comply with Our obligations under these Policies if the delay or failure arises from any cause which is beyond Our reasonable control.

In any case, Our liability shall in no circumstances exceed the extent of the price paid by You or intended to be paid by You for purchasing a product through the Website in the disputed transaction.

Indemnity:

You release, indemnify and hold harmless WOKE NUTRITION PRIVATE LIMITED and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Users of the Website and specifically waive any claims that You may have in this behalf under any contract, Applicable Laws or otherwise.

Notwithstanding its reasonable efforts in that behalf, WOKE NUTRITION PRIVATE LIMITED cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence. WOKE NUTRITION PRIVATE LIMITED shall not be liable for any action/inaction of the third party in relation to the Website.

You shall indemnify and hold harmless WOKE NUTRITION PRIVATE LIMITED and its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.

Damages:

In the process of effecting the online ordering facility through this Website, we have endeavoured to ensure that all efforts have been taken to provide quality and reliable service through various third party service providers, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of the service provided through the Website.

In no event shall We be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the services of the Website, from the unauthorized access to or alteration of the User’s transmissions or data, or from any other matter relating to the services including, without limitation, damages for loss of use or data, arising out of or in any way connected with the use or performance of the Website or services provided through the Website.

User Website Content:

As per these Terms of Use, Users are solely responsible for every material or content uploaded on to the Website. We do not review the contents in any way before they appear on the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, designs, profiles, opinions, reviews, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, ‘User Content’). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with Applicable Laws, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy and that You are not entitled to any payment or other compensation for such use.

It is possible that other Users (including unauthorized Users or ‘hackers’) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

WOKE NUTRITION PRIVATE LIMITED shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Copyright:

Except as expressly provided in here, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

This Website or any portion of this Website (including but not limited to any Intellectual Property or other copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of WOKE NUTRITION PRIVATE LIMITED.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WOKE NUTRITION PRIVATE LIMITED and its affiliates without express written consent. You may not use any meta tags or any other ‘hidden text’ utilising WOKE NUTRITION PRIVATE LIMITED’s names or trademarks without the express written consent of WOKE NUTRITION PRIVATE LIMITED. Any unauthorised use terminates the permission or license granted by WOKE NUTRITION PRIVATE LIMITED and WOKE NUTRITION PRIVATE LIMITED shall take stringent action against any breach of Intellectual Property rights of WOKE NUTRITION PRIVATE LIMITED

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the Website as long as the link does not portray WOKE NUTRITION PRIVATE LIMITED, Website, WOKE NUTRITION PRIVATE LIMITED or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Providing such a link to the Website shall not create a relationship of agency or partnership between You and WOKE NUTRITION PRIVATE LIMITED and shall not entitle You to any financial incentive or remuneration from WOKE NUTRITION PRIVATE LIMITED or WOKE NUTRITION PRIVATE LIMITED

Content Download:

You may download one single hard copy of contents displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained therein.

You may not modify, alter or change any Intellectual Property Materials or distribute, publish, transmit, reuse, re-post or use the content of the website for public or commercial purposes, including, without limitation, the text, images, audio and video.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

The User acknowledges that WOKE NUTRITION PRIVATE LIMITED has proprietary rights on the design of the products and the User shall not use, copy, reproduce or modify to create other designs of any products displayed on the Website.

Applicable Laws:

These Terms of Use shall be governed by and constructed in accordance with the Applicable laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bengaluru. You shall comply with all the Applicable Laws while using Website and Website’s payment facility.

Reporting Violation:

If you come across any abuse or violation of these Terms of Use, please report to Us at Our contact address provided.

Waiver:

If you breach these conditions and we take no action, we will still be entitled to use Our rights and remedies in any other situation where you breach these conditions.

Severability:

If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms of Use shall continue to be in full force and effect