TERMS & CONDITIONS OF USE AND SALE
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SALE CAREFULLY (“TERMS AND CONDITIONS”) BEFORE ACCESSING THE WEBSITE WWW.SESACARE.COM AND/OR APPLICATION OF SESA CARE WHETHER THROUGH THE LINK, APPLICATION AND/OR OTHER MEDIA PLATFORM (“WEBSITE”). IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT SESA CARE PRIVATE LIMITED (“SESA CARE”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT SESA CARE MAY PROVIDE THROUGH THE WEBSITE OR OTHERWISE. PLEASE DO NOT USE THE WEBSITE OR TRANSACT ON THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to the 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.
Welcome to the Sesa Care Website.
In using the Website, you are deemed to have accepted the Terms and Conditions listed below. Usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls and messages, autodialed and/or pre-recorded messages, from Sesa Care at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS, WhatsApp and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
III. SCOPE OF SESA CARE WEBSITE
The Website is a technology-based platform through which Sesa Care, on a non-exclusive and principal-to-principal basis, sells its products (“Products”). The sale of Products by Sesa Care to you is therefore subject to these Terms and Conditions. Sesa Care reserves the right, in its sole and absolute discretion, to refuse, suspend, or terminate selling any of the Products to any person as it may deem fit.
IV. YOUR ACCOUNT AND PLACING OF ORDER
All products and information displayed on the Website constitute an "invitation to order". Your order for purchase constitutes your "order" which shall be subject to written acceptance of the same by Sesa Care and these Terms and Conditions. If you have supplied Sesa Care with your email address, Sesa Care may notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and thereafter process the order.
Use of the Website is available only to a duly constituted legal entity or an adult individual who is competent to contract under the prevailing laws of India. Persons who are deemed "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If your age is below 18 years old, your parents or legal guardians can transact on your behalf, if they are registered users.
Sesa Care reserves the right to terminate your membership and refuse to provide you with access to the Website if Sesa Care discovers that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Sesa Care for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions.VI. ACCOUNT AND REGISTRATION OBLIGATIONS
You also agree to provide true, accurate, current/updated and complete information about yourself as requested by Sesa Care in its registration form. If Sesa Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current, Sesa Care has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the Website.
VII. FEES AND SERVICES
Registration on the Website is free. Sesa Care does not charge any fee for browsing on the Website. Sesa Care may at its sole discretion introduce new Products and modify some or all of the existing Products offered on the Website. In such an event, Sesa Care reserves the right to introduce fees for the new Products offered or amend/introduce fees for existing Products, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
All Products offered by Sesa Care are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions Sesa Care cannot be held liable for possible errors and you acknowledge that the Product delivered to you may vary from the Product displayed and pictured on the Website. The Products available on the Website, and the samples, if any, that Sesa Care may provide you, are for your personal and/or professional use only. The Products, or samples thereof, which you may receive from Sesa Care, shall not be sold or resold for any/commercial reasons.
In case any Products purchased or received causes side effects or doesn’t suit you, please note that Sesa Care is in no manner responsible for any side-effects. You should carefully read the individual terms and conditions in relation to the Products and use it at your risk.
The Products are not intended to diagnose, cure, treat or prevent any diseases.
IX. PRICING INFORMATION
While Sesa Care strives to provide accurate Product and pricing information, pricing or typographical errors may occur. Sesa Care cannot confirm the price of a Product until the order is confirmed. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Sesa Care shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, Sesa Care may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted and Sesa Care will have the right to modify the price of the Product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. If Sesa Care has to cancel the order after Sesa Care has processed the payment, the said amount will be reversed back to you.
X. PAYMENT PROCESS
Payments for the Products available on the Website may be made through the various payment modes available on the Website.
XI. FRAUDULENT OR DECLINED TRANSACTIONS
Sesa Care reserves the right to recover all costs incurred or suffered by Sesa Care on account of fraudulent use of the Website including without limitation the cost of Products, collection charges, cancellation charges, delivery charges and lawyers’ fees. Sesa Care reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
XII. YOU AGREE AND UNDERTAKE THAT:
- in the event of non-delivery of the Products with respect to any order accepted by Sesa Care occurs due to reasons attributable to you (i.e. wrong name or address or any other wrong information), any extra cost incurred by Sesa Care for re-delivery or cancellation shall be borne and paid by you to Sesa Care.
- you will use the Products provided by Sesa Care for lawful purposes only.
- you will provide authentic and true information in all instances where such information is requested from you. Sesa Care reserves the right to confirm and validate the information and other details provided by you at any point of time.
- you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- before placing an order you will check the Product description carefully. By placing an order for a Product you agree to be bound by the conditions of sale included in the item's description.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
XIV. USER SUBMISSIONS
Certain areas of the Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Sesa Care an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Sesa Care deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Sesa Care reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Sesa Care may also disclose your name in its clients’ list/credentials for reference purposes. Sesa Care may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Sesa Care is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. Sesa Care is not responsible for any loss, theft, or damage of any kind to any User Submissions. Sesa Care does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Sesa Care will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Sesa Care does not guarantee that you will have any recourse through Sesa Care or any third party to edit or delete any User Submission you have submitted.
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Sesa Care the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law;
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
XV. COPYRIGHT & TRADEMARK
Sesa Care expressly reserves all intellectual property rights in all the Materials, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Sesa Care or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Sesa Care. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Sesa Care. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only as a shopping resource.
The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of Sesa Care and is also protected by Indian and International copyright laws.
Sesa Care’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Sesa Care online store. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
Sesa Care respects the intellectual property rights of others. Accordingly, Sesa Care has a policy of removing User Submissions that violate copyright law, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to the following Sesa Care officer for notice of claims of infringement:
Head - Digital & Technology
+91 99303 77196
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Sesa Care to locate that material; (d) contain adequate information by which Sesa Care can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Sesa Care designated agent, as they will be deleted upon receipt.
XVII. DISCLAIMERS AND LIMITATION OF LIABILITY
The Website and the Products are provided “AS IS” and “WITH ALL FAULTS” without any warranties or guarantees. You must bear the risks associated with the use of the Website and the Products. The Website provides, solely as a convenience to you, content from other Internet sites or resources and while Sesa Care tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Sesa Care will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
You understand and agree that any Material or data downloaded or otherwise obtained through Website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Sesa Care shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Sesa Care shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services, its Products and / or this Terms and Conditions.
Notwithstanding anything contained in these Terms and Conditions, the total, aggregate and cumulative liability of Sesa Care to you for all liabilities arising out of this Terms and Conditions or in terms of tort or contract or otherwise, howsoever arising is limited to the value of the Product ordered by you.
Sesa Care makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Sesa Care assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Force Majeure - In the event Sesa Care is prevented in whole or in material part from performing its obligations under this Terms and Conditions solely as a result of force majeure, upon the prompt giving of notice to you detailing such force majeure event and its anticipated duration, the obligations of Sesa Care so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
XVII. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability. Sesa Care will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
XIX. ELECTRONIC COMMUNICATIONS
When you visit the Website, or send emails to Sesa Care, you are communicating with Sesa Care electronically. You consent to receive communications from Sesa Care electronically. Sesa Care will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XX. MODIFICATION OF USER AGREEMENT
Sesa Care may at any time modify these Terms and Conditions without any prior notification to you. Subsequent to any modification of these Terms and Conditions, Sesa Care will inform you of the modifications in these Terms and Conditions via email at the address provided by you while registering on Website. You can access the latest version of these Terms and Conditions at any given time on the Website. You should regularly review these Terms and Conditions on Sesa Care. In the event the modified Terms and Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the services, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions.
XXI. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.
Any dispute or difference either in interpretation or otherwise, of any terms of this these Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Sesa Care and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Mumbai.
You agree to defend, indemnify and hold harmless Sesa Care, its employees, executives, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Sesa Care or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms and Conditions or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. This clause shall survive the expiry or termination of this Terms and Conditions.
This Terms and Conditions is effective unless and until terminated by either you or Sesa Care. You may terminate this Terms and Conditions at any time, provided that you discontinue any further use of this Website. Sesa Care may terminate this Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Sesa Care. Upon any termination of this Terms and Conditions by either you or Sesa Care, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the Product already ordered from the Website or affect any liability that may have arisen under the Terms and Conditions.
XXIV. ENTIRE AGREEMENT
Except where additional terms and conditions are provided which are product specific, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Sesa Care you agree to be bound by the Terms and Conditions.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Sesa Care shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of Sesa Care or any force majeure event. These Terms and Conditions and the relationship between you and Sesa Care shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of Sesa Care to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Sesa Care and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Website. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or Sesa Care. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sesa Care without restriction.
XXVII. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Vishal Amolik
Address: Sesa Care Pvt. Ltd., 4th Floor, Hamilton B Wing, Hiranandani Business Park, Hiranandani Estate, Thane West - 400 607, India.
Phone: +91 99303 77196
You may register your complaints regarding the services or any other issue relating to these Terms and Conditions with the above mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.
If you have any questions about these Terms and Conditions or any other concerns, you can also email us at email@example.com.