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Terms of Use

TERMS AND CONDITIONS:-

1.    INTRODUCTION:-

This  document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 www.tealeaftheory.com website.

The domain name www.tealeaftheory.com (hereinafter referred to as "Website") is owned by INNATE FUNDAMENTAL having its registered office at Behind Bharali Commercial Complex,Hospital Road, Sivasagar ,Assam Pin-785640 (hereinafter referred to as "TEA LEAF THEORY").

2.USER:


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. TEA LEAF THEORY allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean INNATE FUNDAMENTAL.
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with INNATE FUNDAMENTAL  and these terms and conditions including the policies constitute your binding obligations, with “TEA LEAF THEORY”
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 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 revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TEA LEAF THEORY Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.


3.    WEBSITE AVAILABILITY:-


•    The website(www.tealeaftheory.com) may be suspended for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
•    The website(www.tealeaftheory.com)  reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
•    In the event that The website(www.tealeaftheory.com), in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, the website(www.tealeaftheory.com)  reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

4.Membership Eligibility or User Eligibility:

Use of the Website 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the “THE LEAF THEORY” 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. THE LEAF THEORY reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to THE LEAF THEORY ‘s  notice or if it is discovered that you are under the age of 18 years.        
      
5.Your Account and Registration Obligation:

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this 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.

6.The  Contract Between You and The Website(www.tealeaftheory.com):-

•    After placing an Order, you will receive an email from Tealeaftheory acknowledging that Tealeaftheory has received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Tealeaftheory to buy a Product from the third party that offers the Product for sale via the Website (www.tealeaftheory.com).All orders are subject to acceptance by the website, and the (www.tealeaftheory.com)  will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between (www.tealeaftheory.com) and you (Contract) will only be formed when the relevant Partner sends you the Dispatch Confirmation.
•    For the avoidance of doubt, your contract with the website(www.tealeaftheory.com) relates only to your use of the Website and the Services available therein.
•    Each Contract relates only to those Products whose dispatch the website(www.tealeaftheory.com) has confirmed in the Dispatch Confirmation. The website(www.tealeaftheory.com)  shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.


7.Use of the Website:-


You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:-
1.    You shall not host, display, upload, modify, publish, transmit, update or share any information which: 

•    belongs to another person and to which you does 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, 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"; 
•    promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 
•    infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitationunauthorized 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 (see "Copyright complaint" below for instructions on how to lodge a complaintabout uploaded copyrighted material), 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; 
•    provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses; 
•    contains video, photographs, or images of another person (with a minor or an adult). 
•    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. Throughout this Terms of Use, Tea Leaf Theory’s prior written consent means a communication coming from Leaf Theory’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization
•    solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; 
•    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; 
•    deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
•    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, time bombs, cancelbots, easter eggs 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
•    shall not be false, inaccurate or misleading; 
and shall not, 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 mannerunder the provisions of any applicable law, rule, regulation or guideline for the time being in force. 
2.    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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any 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
3.    You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. 
4.    . 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. 
5.    You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms TEA LEAF THEORY, www.tealeaftheory.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of TEA LEAF THEORY or otherwise tarnish or dilute any TEA LEAF THEORY’s  trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TEA LEAF THEORY’s  systems or networks, or any systems or networks connected to TEA LEAF THEORY. 
6.    You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms TEA LEAF THEORY, www.tealeaftheory.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of TEA LEAF THEORY or otherwise tarnish or dilute any TEA LEAF THEORY’s  trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TEA LEAF THEORY’s  systems or networks, or any systems or networks connected to TEA LEAF THEORY. 
7.    . You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website. 
8.    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. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. 
9.    You may not use the Website or any content 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 TEA LEAF THEORY and / or others. 
10.    You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. 
11.    Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
12.    You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 
We reserve the right, but has no obligation, to monitor the materials posted on the Website. Leaf Theory shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect TEA LEAF THEORY’s  views. In no event shall TEA LEAF THEORY assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. 
13.     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 does 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. 
14.    TEA LEAF THEORY 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). 

8. Content posted on the website:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), are the sole property of TEA LEAF THEORY. Except as expressly provided in these Terms of Use, 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 TEA LEAF THEORY’s express prior written consent. 
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. 
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the 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 Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use. 

9. Disclaimer of Warranties and Liability


This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, TEA LEAF THEORY does not warrant that:

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading
TEA LEAF THEORY will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. TEA LEAF THEORY does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if TEA LEAF THEORY is unable to deliver such Products due to implications of different state laws, TEA LEAF THEORY will return or will give credit for the amount (if any) received in advance by TEA LEAF THEORY from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS, unless you are a member of our loyalty program.


10. Indemnity

You shall indemnify and hold harmless TEA LEAF THEORY, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.


11. Trademark, Copyright and Restriction

This site is controlled and operated by ”Tea Leaf Theory” and products are sold by Tea Leaf Theory. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

12. Limitation of Liability

IN NO EVENT SHALL TEALEAFTHEORY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES

13.Disputes:

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach hereof (“Dispute”), shall be tried to be resolved amicably. If a Dispute cannot be resolved by such good faith discussion or negotiation then only the courts of Sivasagar shall have jurisdiction in case of any dispute or legal proceedings.

14. Compliance with Laws:

•    This Agreement issued hereunder shall be construed, interpreted and enforced in accordance with the laws of the India.
•    This Agreement constitute the entire agreement between the website owner and you and the subject matter covered herein and supersede all prior oral or written agreements, proposals, understandings, representations, conditions and promises relating thereto. This Agreement may be modified or amended by the website owner at his discretion.


15.Commercial Terms and Conditions:-

a) Products and Services:-
The product here referred is Tea of various varieties and natural flavours mix with the different varieties of Tea.The website www.tealeaftheory.com reserves the right to change,modify,and other alteration without prior notice to the users.

b) Payments:-
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:

1.Lack of authorization for any transaction/s, or
2.Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3.Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

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

All payments are to be made by  credit cards ,debit cards , internet banking ,ewallets or other techniques of payment as per the law governing the payment system in India.

c) Duties and Taxes:-
Import Duty:
If you order products from us for delivery outside India, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
d) Vat And Other Applicable Taxes:

The price of the product listed in the website is inclusive of all taxes.All taxes means all the commercial taxes for sale of Goods in India.

 
e) Variation in Product:-
Constant effort has been made for the consistency of the quality and appearance of the tea,but due to seasonable nature there might be some variation.In such no claim for refund and return can be made from your side.

f) Price:
All prices listed on our website are subject to change, but the changes will not affect orders that have already been accepted by us. he prices of our products have been computed carefully and listed on our website. However, due to unintentional errors, if the product purchased by you has been incorrectly priced, we will notify you via email or phone before accepting your order for instructions. You will then have the option to cancel your order if you desire or pay the difference.

g) Delivery:-
We will endeavour to deliver your products within 15 working days from the date on which the order for those products was placed, expect for circumstances beyond our reasonable control. If we are unable to deliver your order within 15 working days we will notify you in writing of the delay. In the event of a delay in delivery of greater than 15 working days you may cancel your order resulting in us providing you with a full refund.
We will notify you by email to confirm Dispatch of products. This email will contain details on the estimated delivery time as well as any tracking information where provided by the Carrier.


h) Shipping:

The cost of shipping of the product may be changed without any prior notification to the user.Tealeaftheory may charge no amount in some cases depending upon the situation.