TERMS AND CONDITIONS

1. Site/Application Policy

This official Site/Application (hereinafter also referred to as “us”, “our”, and “we”, and any other related expressions, as the context may demand) has been developed with the objective of disseminating information to the general public. rasatva.com provides you (hereinafter also referred to as “your”, and any other related expressions, as the context may demand) with the content and services available on the Site/Application subject to our Privacy Policy, any other terms and conditions and policies which you may find throughout our Site/Application in connection with certain functionality, features or promotions, as well as customer service, all of which are deemed a part of and included within these terms and conditions (hereinafter collectively referred to as the “Terms and Conditions”).  By accessing or using the Site/Application, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  Though all efforts have been made to ensure the accuracy and correctness of the content on the Site/Application, to the extent permitted by applicable law, however, we do not warrant that the product descriptions, colors, information or any other content available on the Site/Application are accurate, complete, reliable, current, or error-free.  The contents of the Site/Application should not be construed as a statement of law or used for any legal purposes.

2. Privacy Policy

Our Privacy Policy constitutes an integral part of the Terms and Conditions.  Accordingly, and with a view to understanding our privacy practices, we recommend that you review our Privacy Policy below.

3. Payment process
   • All payments shall be made through either, or any combination of, the following: Credit Card, Debit Card, Bank Transfers, Wallets, Online Financial Services, Cash on Delivery, etc. as/how/when made applicable.
   • In this regard, all purchases may attract local duties/taxes/service charges as may be applicable/amended/valid, which will need to be paid accordingly locally.
   • When an EMI option is offered, the liability of the EMI / payment is at the end of the customer’s bank / credit card /debit card, and not that of us.
   • All payments will be made in accordance with the Terms and Conditions, including the agreements relating to refunds, charges, dispute resolution, etc.

4. Refund Policy
   • Due to the nature of our products, we do not offer returns or refunds.
   • If you receive a damaged or expired product, please notify us within 2 days of receipt. We will assess the issue and, at our sole discretion, may offer a replacement or refund.
   • Any approved refunds or replacements will be initiated within 7 business days from the date of confirmation.
5. Shipping Policy
   • Shipping and handling charges, if any, will be at our sole discretion.
   • Domestic Shipping: Orders are usually dispatched within 1–2 business days and are expected to be delivered within 5–7 business days.
   • International Shipping: Orders are typically dispatched within 3–5 working days. Delivery timelines may vary by destination, usually ranging from 10–15 working days.
   • Once the order is shipped through our registered logistics partner, you shall receive updates on your registered email id and/or mobile number to follow/track your order.
   • Delays due to customs or local postal services are beyond our control.

6. Loyalty Program, Referral Program, Discounts and Memberships

Purchases/services on the Site/Application may be eligible for loyalty/referral points/discounts/memberships to be applied/calculated/awarded/purchased on various products/services as may be introduced from time-to-time and at the discretion of site/application and in accordance with the Terms and Conditions of the relevant loyalty/referral points/discounts/memberships programs in existence/modified to our sole discretion and opted for at the time of purchase.  Details of the different programs are provided as follows:

• Loyalty Program: If and when loyalty plans are introduced by us, such loyalty plans are applicable and usable/redeemable against the products/services as applicable/specified by us and at our sole discretion.
• Referral Program: If and when referral programs are introduced by us, such referral programs are applicable and usable against the products/services as specified by us and at our sole discretion. The program is based on the principle that when a User (referrer) refers someone by way of sending/sharing our url link, which when applied by the referee, either and/or both (referrer and referee) shall get the benefits by way of redeemable points/discounts, etc., as may be introduced by us and at our sole discretion.
• Discounts: If and when discounts are offered by way of promos/coupons, etc., such discounts shall be applicable and usable against the products/services as specified by us and at our sole discretion.
• Memberships: If and when memberships are offered by way of one-time charges, redeemable amounts converted to points/stored in the User’s wallet on site offering free and/or included services, viz., deliveries, discounts, usage of premium services as introduced from time to time are applicable and usable against the products/services as specified by us and at our sole discretion.

7. Who are the products and services for?

Unless otherwise specified, the products and services described on the Site/Application, and any samples/promotions provided thereof, are for personal use only.  You may not sell/resell/share any of the products/services/promotions, or samples thereof, received from us.  We reserve the right, with or without notice, to cancel or reduce the quantity of any products/services/promotions to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions.  Any decision with regard to the receipt and return of defective products and services, along with replacement of such defective products and services and refunding of any moneys in respect thereof, shall be at our sole discretion.

8. Intellectual Property

All information and content available on the Site/Application and its layout, get-up, structure, “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of rasatva.com, our Affiliates, partners or licensors, and is protected by Indian and international laws governing all applicable forms of intellectual property.  Except as set forth under Section 8 (Limited license to use the Site/Application and Content), or as required under applicable law, neither the Content, which may also include feedback and testimonials provided by customers as rasatva.com property that can be used by us without any further agreement, nor any portion of the Site/Application may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

9. Limited license to use the Site/Application and Content
   • We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site/Application. This limited license does not include the right to:
     • frame or utilize framing techniques to enclose the Site/Application or any portion thereof;
     • republish, redistribute, transmit, sell, license or download the Site/Application or any and / or all Content (except for caching or as necessary to view the Site/Application);
     • make any use of the Site/Application or any and / or all Content other than personal use;
     • modify, reverse engineer or create any derivative works based upon either the Site/Application or any and / or all Content;
     • collect account information for the benefit of yourself or another party;
     • use any meta tags or any other “hidden text” utilizing any and / or all Content; or
     • use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site/Application or affixed to or contained in the Site/Application.
   • We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site/Application for personal, non-commercial use only. A Site/Application that links to the Site/Application
     • may link to, but not replicate, any and / or all of our Content;
     • may not imply that we are endorsing such Site/Application or its services or products;
     • may not misrepresent its relationship with us;
     • may not contain content that could be construed as distasteful, obscene, offensive, controversial, illegal or inappropriate for any ages;
     • may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and
     • may not link to any page of the Site/Application other than the home page. We may, in our sole discretion, request that you remove any link to the Site/Application, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
   • Any unauthorized use by you of the Site/Application or any and / or all of our Content automatically terminates the limited licenses set forth in this Section 8 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

10. Your Obligations and Responsibilities

In the access or use of the Site/Application, you shall comply with these Terms and Conditions and the Contents of the Site/Application.  You shall act always in accordance with the law and custom and in good faith.  You may not make any change or alteration to the Site/Application or any Content and may not impair in any way the integrity or operation of the Site/Application.  Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our Affiliates, partners, licensors or any other third party who may be associated with us.

11. Third Party Links

We are not responsible for the content of any site/application pages or any other site/applications linked to or from the Site/Application.  Links appearing on the Site/Application are for convenience only and are not an endorsement by us, our Affiliates, partners, licensors or any other third party who may be associated with us, of the referenced content, product, service, or supplier.  Your linking to or from any site/application pages or other site/applications is at your own risk.  We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, site/application pages or any other site/applications linked to or from the Site/Application, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and site/applications, including, without limitation, their privacy policies and terms and conditions.  You should carefully review the terms and conditions and privacy policies of all site/application pages and other site/applications that you visit.

12. Special Features, Functionality and Events

The Site/Application may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties.  In such an event, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and / or policies.

13. Submissions

It is our policy to decline unsolicited suggestions and ideas.  Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.  Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services.  You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission.  You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.  You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

14. User Content
    • When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site/Application, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 12 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site/Application.  You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site/Application User Content that
      • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      • you do not have a right to make available under any law or under contractual or fiduciary relationships;
      • is known by you to be false, inaccurate or misleading;
      • you were compensated for or granted any consideration by any third party; or
      • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    • In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to
      • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
      • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
      • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
      • intentionally or unintentionally violate any applicable local, state, national or international law; or
      • collect or store Personally Identifiable Information about other users.
    • We do not endorse or control the User Content transmitted or posted on the Site/Application and, therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site/Application, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site/Application.
    • You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove/edit any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove/edit any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

15. Complaints about ownership of intellectual property
    • We respect the intellectual property of others. If you believe that any materials appearing on the Site/Application have been copied in a way that constitutes copyright or any other sort of relevant intellectual property infringement, please contact us by providing the following:
      • identification of the work that you claim has been infringed and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf;
      • a description of the material that you claim is infringing and the location of the material on the Site/Application; and
      • your address, telephone number and email address. In this regard, the above contact information referred to in Section 14
    • above is provided exclusively for notifying rasatva.com that the material referred to in the e-mail may have been infringed. All and any other communications and inquiries as described in these Terms and Conditions will not receive a response through this process and should be directed to our customer service group by contacting us.

16. Representations and Warranties; Limitation of Liability
    • The Site/Application is presented “As Is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms and Conditions, the Content or any other aspect of the Site/Application, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to section the extent such representations and warranties are not legally excludable.
    • You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort [including negligence] or otherwise, under any circumstances, for any
      • interruption of business;
      • access delays or access interruptions to the Site/Application;
      • data non-delivery, mis-delivery, corruption, destruction or other modification;
      • loss or damages of any sort incurred as a result of dealings with or the presence of any site/application links on the Site/Application;
      • computer viruses, system failures or malfunctions which may occur in connection with your use of the Site/Application, including during hyperlinking to or from third-party site/applications;
      • any inaccuracies or omissions in content; and / or
      • events beyond our reasonable control.
    • For any purchases of products/services made through us, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging / leaflets. If any product/services are by way of a third person listed on our site, then the onus of ensuring that the product/services meet the required standards and specifications shall be of such third person, and not us.
    • Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site/Application or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
    • You agree that no claims or action arising out of, or related to, the use of the Site/Application or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

17. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site/Application or breach of these Terms and Conditions.  You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

18. Disputes
    • With respect to any dispute regarding the Site/Application, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Kolkata, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Kolkata, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Site/Application shall be referred to the sole Arbitrator appointed by our Head of Legal in accordance with the law. The venue of such arbitration shall be at Kolkata, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
    • To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Site/Application shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.

19. Consent to receive notices electronically by posting on the Site/Application and via email
    • You consent to receive any agreements, notices, disclosures and other communications (hereinafter collectively referred to as “Notices”) to which these Terms and Conditions refer from us electronically, including without limitation by e-mail or by posting notices on this Site/Application. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal by contacting us and discontinue your use of this Site/Application.  In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 7 hereof, shall automatically terminate.  Unfortunately, we cannot provide the benefits of this Site/Application to any user that cannot consent to receipt of Notices electronically.
    • This consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
    • You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site/Application, and supersede and govern all prior proposals, agreements, or other communications.
    • We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site/Application and providing notice of such change. Any changes are effective immediately upon posting to the Site/Application and release of notice of such change. Your continued use of the Site/Application thereafter constitutes your agreement to all such amended Terms and Conditions.  We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.  You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site/Application.
    • Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.