terms and conditions
Welcome to SarvLiving.com!
SarvLiving.com provides access to the SarvLiving.com website (the “website”) to you subject to the conditions set out on this page.
Please read these conditions carefully before using the SarvLiving.com. By using the website SarvLiving.com, you signify your agreement to be bound by these conditions.
Amendments: SarvLiving.com may amend this User Agreement and/or SarvLiving.com Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to you via SarvLiving.com Website’s Announcement Board (hereinafter referred to as an “AB Post”). The revised version will be effective at the time SarvLiving.com posts it on the Website / AB Post. In addition, if the revised version of this User Agreement includes a Substantial Change, SarvLiving.com will provide you with 30 days’ prior notice of such Substantial Change/s by an AB Post or as per the Notification Preferences provided by you to SarvLiving.com. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in SarvLiving.com Rules and Policies. For the purpose of this User Agreement, the term “Substantial Change” means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
In addition, when you use any current or future SarvLiving.com service (eg. Marketplace) (“SarvLiving.com Service”), you will also be subject to the terms, guidelines and conditions applicable to that SarvLiving.com Service. (“Terms”). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Conditions Relating to Your Use of SarvLiving.com.
- Notice and procedure for making claims of Infringement.
- Notice and procedure for Notifying SarvLiving.com of Objectionable Content.
- Software Terms.
- Conditions of relating to sale on SarvLiving.com.
Conditions Relating to Your Use of SarvLiving.com
- Your Account and Registration Obligation
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. SarvLiving.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Please review our Privacy Notice, which also governs your visit to SarvLiving.com, to understand our practices. The personal information / data provided to us by you during the course of usage of SarvLiving.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
- E-Market for Shopping
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that SarvLiving.com is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on SarvLiving.com.
- Access to SarvLiving.com
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.
- Licence for website access
SarvLiving.com grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SarvLiving.com and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of SarvLiving.com and / or its affiliates, as may be applicable.
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 SarvLiving.com and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising SarvLiving.com or its affiliates’ names or trademarks without the express written consent of SarvLiving.com and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by SarvLiving.com and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of SarvLiving.com as long as the link does not portray SarvLiving.com their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SarvLiving.com logo or other proprietary graphic or trademark as part of the link without express written consent of SarvLiving.com and / or its affiliates, as may be applicable.
- Code of Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not SarvLiving.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- For infringing any patent, trademark, copyright or other proprietary rightsor third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
- To use any item that belongs to another person and to which you does not have any right to; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Shall not link directly or indirectly to or include descriptions of items, goods or services that:
- Are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
- Are identical to other items you have up for auction but are priced lower than your item’s price, the reserve price of the item or minimum bid amount.
iii. Are concurrently listed for sale on a web site other than the Website.
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonate another person.
- Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. SarvLiving.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of SarvLiving.com violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
- Grant SarvLiving.com and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- SarvLiving.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to SarvLiving.com Services Private Limited, including the execution of deeds and documents, at its request.
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 website; that, as at the date that the content or material is submitted to SarvLiving.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable SarvLiving.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify SarvLiving.com and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- Objectionable Content
As SarvLiving.com lists millions of products for sale offered by many sellers on the website and hosts many thousands of comments, it is not possible for us to aware of the contents of each product listed for sale. Hence SarvLiving.com operates on a “notice and takedown” basis. If y ou believe that any content on the website is illegal, offensive or harmful. Please notify us immediately by following our Notice and Procedure for notifying of objectionable content.
All Content on the website (text, logos, graphics) and software is the property of SarvLiving.com Services Private Limited. All Contents is protected by laws of India and database right laws.
You cannot extract or re-utilize parts of the contents of the website without the permission of SarvLiving.com and/ or its affiliates express written consent.
You expressly agree and undertake that your use the service of the Website and transacting at your own risk and are your best judgment before entering into any transaction through website. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with SarvLiving.com nor shall SarvLiving.com have any obligations or liabilities in respect of any transactions on the website.
You shall indemnify and hold harmless SarvLiving.com and (as applicable) SarvLiving.com’s parent, subsidiaries, affiliates, third-parties 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 the User Agreement, SarvLiving.com Rules and Policies, User Agreement or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
- Membership 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 member of the Website and shall not sell, purchase for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. SarvLiving.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to SarvLiving.com’s notice or if it is discovered that you are under the age of 18 years.
- Business Entity Registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
- Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.
- Other Web Links
Parties other than SarvLiving.com and its affiliates may operate stores, provide services, or sell product lines on SarvLiving.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. SarvLiving.com does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party.
- Electronic Communications
When You use the Website or send emails or other data, information or communication to Masala Heritage, You agree and understand that You are communicating with Masala Heritage through electronic records and You consent to receive communications via electronic records from Masala Heritage periodically and as and when required. Masala Heritage will communicate with you by email or by an AB Post notice or electronic records on the Masala Heritage Website which will be deemed adequate service of notice / electronic record.
SarvLiving.com or any of its subsidiaries 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 both you and us when you commenced using the website.
- Events Beyond Control
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website Facility; and/or Rules and Polices which are incorporated by way of reference in this Agreement.
- Any interruption or errors in the operation of the Website Facility. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SarvLiving.com has been advised of the possibility of such damages).
Notice and procedure for making claims of Rights Infringement
If you believe that your rights are being infringed, you may send an Email. We respond expeditiously to rights owners and their agents who complete and send the Email to communicate concerns about any alleged infringement.
Upon receipt of a Email we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Email, you grant to SarvLiving.com the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Email to the parties involved in the provision of the allegedly infringing content. You agree to indemnify SarvLiving.com for all claims brought by a third party against SarvLiving.com arising out of or in connection with the submission of a Email.
Subject : Notifying SarvLiving.com of Rights Infringement
Notice and procedure for Notifying SarvLiving.com of Objectionable Content
If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content, please notify us immediately by copying the Notice to SarvLiving.com of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or Fax to the Grievance Officer:
Subject : Notifying SarvLiving.com of Objectionable Content
SarvLiving.com Software Terms
- Use of the SarvLiving.com Software
You may use SarvLiving.com Software solely for purposes of enabling you to use and enjoy the SarvLiving.com Services as provided by SarvLiving.com, and as permitted by the Conditions of Use, these SarvLiving.com Software Terms and any Terms. You may not incorporate any portion of the SarvLiving.com Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the SarvLiving.com Software or otherwise assign any rights to the SarvLiving.com Software in whole or in part. You may not use the SarvLiving.com Software for any illegal purpose. We may cease providing any SarvLiving.com Software and we may terminate your right to use any SarvLiving.com Software at any time. Your rights to use the SarvLiving.com Software will automatically terminate without notice from us if you fail to comply with any of these SarvLiving.com Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain SarvLiving.com Software that are specifically identified in related documentation may apply to that SarvLiving.com Software (or software incorporated with the SarvLiving.com Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any SarvLiving.com Service is the property of SarvLiving.com and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
- Use of Third Party Services
- No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the SarvLiving.com Software, whether in whole or in part, or create any derivative works from or of the SarvLiving.com Software.
Conditions of relating to sale on SarvLiving.com
(Between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the SarvLiving.com (the website). These conditions signify your agreement to be bound by these conditions.
In addition, when you use any current or future SarvLiving.com service (eg: Marketplace or SarvLiving.com), you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
- Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
- Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Please review our Returns Policy, which applies to products sold by us.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
For more details, please review our Pricing Policy and our Availability Policy, both of which apply to products ordered from us.
All prices are inclusive of VAT unless stated otherwise.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
- Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.
Use of SarvLiving.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
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 both you and us when a contract for the sale of goods by us to you was formed.
- Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Limitation of Liability
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
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.
- Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
We encourage registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. SarvLiving.com will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, SarvLiving.com reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.