PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SALE CAREFULLY ("TERMS AND CONDITIONS") BEFORE ACCESSING http://www.everpurelife.com ("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 EVERPURE LIFE ("EVERPURE LIFE") MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT EVERPURE LIFE MAY PROVIDE THROUGH THE WEBSITE. 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 Everpure Life 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 Everpure Life 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.
The Website is a technology based platform through which Everpure Life, on a non-exclusive and principal-to-principal basis, sells its products (“Products”). The sale of Products by Everpure Life to you is therefore subject to these Terms and Conditions. Everpure Life 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.
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 Everpure Life and these Terms and Conditions. If you have supplied Everpure Life with your email address, Everpure Life 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. Everpure Life reserves the right to terminate your membership and refuse to provide you with access to the Website if Everpure Life 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 Everpure Life 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.
You also agree to provide true, accurate, current/updated and complete information about yourself as requested by Everpure Life in its registration form. If Everpure Life has reasonable grounds to suspect that such information is untrue, inaccurate, not current, Everpure Life has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the Website.
Registration on the Website is free. Everpure Life does not charge any fee for browsing on the Website. Everpure Life 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, Everpure Life 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 Everpure Life are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions Everpure Life 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 Everpure Life may provide you, are for your personal and/or professional use only. The Products, or samples thereof, which you may receive from Everpure Life, 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 Everpure Life 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 own risk.
The Products are not intended to diagnose, cure, treat or prevent any diseases and should not be used as substitutes for a varied diet.
While Everpure Life strives to provide accurate Product and pricing information, pricing or typographical errors may occur. Everpure Life 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, Everpure Life 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, Everpure Life 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 Everpure Life 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 Everpure Life has to cancel the order after Everpure Life has processed the payment, the said amount will be reversed back to you.
Payments for the Products available on the Website may be made through the various payment modes available on the Website including net banking, credit card, debit card and cash on delivery.
Everpure Life reserves the right to recover all costs incurred or suffered by Everpure Life on account of fraudulent use of the Website including without limitation the cost of Products, collection charges, cancellation charges, delivery charges and lawyers’ fees. Everpure Life 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.
Delivery of your order: Everpure Life is committed to deliver your order with good quality packaging within a given time frame. We ship throughout the week, except Sundays and public holidays. To ensure that your order reaches you in good condition, in the shortest span of time, we ship through reputed courier or delivery agencies only. The Products purchased are delivered via courier service to the delivery address that you indicate on the order. If there is no courier service available in your area, we will ship your items via government registered book post or speed post or any other mode of shipment available.
Dispatch and Transport: Subject to availability of the Products, the orders are dispatched within 3 (three) working days or as per the delivery date specified by you at the time of placing the order. Though most orders are delivered within 7 to 8 working days, there may be delay due to unforeseen circumstances and Everpure Life does not give any guarantee with respect to the timelines for the delivery of the Products. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order. You must always sign for receipt of orders.
Loss or damage during transport: You are responsible for checking the Products on receipt. If you think, you have received the Product in a bad condition or if the packaging is tampered with or damaged before delivery, please refuse to accept the package and return the package to the delivery person. Also, you may call our customer care at +91 – 81049 63856 (10 am to 6 pm) or email us at email@example.com mentioning your Order ID and giving the details of the damaged or tampered Product, including photographs if any, of the Product or the packaging. Once we verify the information regarding the Product, we will personally ensure that a replacement is issued to you at no additional cost. Please make sure that the original product tag and packing is intact when you send us the Product back.
Delivery address: You are responsible for providing a full and correct delivery address. You shall be solely responsible in case you provide incorrect delivery details and may incur extra costs. In the event of errors in the address details of the addressee, Everpure Life cannot under any circumstances be held liable for inability to deliver the Products ordered.
Delivery fees : Delivery fees will be at your charge and will be added separately to your invoice. For multiple Products ordered the programme adds up the total of all individual shipping charges. Thus, a customer who orders three Products is charged the total of all individual delivery charges associated with each Product. Thus, the delivery fee is calculated separately when a customer orders different Products.
Our prices are inclusive of all taxes.
No returns are allowed on any Product delivered to you, except on the following grounds:
If you wish to return the Product on the aforesaid grounds, you shall raise a return request of the Product within 24 hours/days of its delivery, failing which the Product will be deemed to have been accepted by you and such Product will not be subject to any return. Please note that return for a Product will be processed subject to satisfactory verification and inspection of the Product by Everpure Life basis the images of the Product shared by you in your return request. The decision of Everpure Life on return of the Product will be final and binding.In order to claim a return, kindly follow the following steps:
You may note that return shall not be accepted by Everpure Life in following scenarios:
Everpure Life also accept partial returns of the Product from a batch of the Products ordered if such Product is expired or in non-conformity on the aforesaid grounds as specified herein wherein you can raise a return request for such expired or Product or in non-conformity to your order. In case you have received any free gift with the order, the free gift, gift voucher also needs to be returned along with the originally delivered Product.
Please note that there may be certain orders that Everpure Life may not be able to accept and may thus cancel. Everpure Life reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by Everpure Life. Everpure Life may also require additional verifications or information before accepting any order. Everpure Life will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after you have remitted the funds, the said amount will be remitted back to you.
Orders once placed cannot be cancelled by you.
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 Everpure Life 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 Everpure Life 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). Everpure Life reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Everpure Life may also disclose your name in its clients’ list/credentials for reference purposes. Everpure Life 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. Everpure Life 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. Everpure Life is not responsible for any loss, theft, or damage of any kind to any User Submissions. Everpure Life 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 Everpure Life will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Everpure Life does not guarantee that you will have any recourse through Everpure Life or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
Everpure Life 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 Everpure Life or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Everpure Life. 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 Everpure Life. 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 Everpure Life and is also protected by Indian and International copyright laws.
Everpure Life’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Everpure Life 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.
Everpure Life respects the intellectual property rights of others. Accordingly, Everpure Life 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 Everpure Life officer for notice of claims of infringement:
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 Everpure Life to locate that material; (d) contain adequate information by which Everpure Life 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 Everpure Life designated agent, as they will be deleted upon receipt.
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 Everpure Life 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. Everpure Life 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 the 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. Everpure Life 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.
Everpure Life 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 Everpure Life 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.
Everpure Life 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, Everpure Life 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 Everpure Life 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 Everpure Life 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.
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. Everpure Life 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.
When you visit the Website, or send emails to Everpure Life, you are communicating with Everpure Life electronically. You consent to receive communications from Everpure Life electronically. Everpure Life 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.
Everpure Life may at any time modify these Terms and Conditions without any prior notification to you. Subsequent to any modification of these Terms and Conditions, Everpure Life will inform you of the modifications in these Terms and Conditions via email at the address provided by you while registering on the 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 Everpure Life. 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.
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 Everpure Life 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 Everpure Life, 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 Everpure Life 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 these 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 these Terms and Conditions.
This Terms and Conditions is effective unless and until terminated by either you or Everpure Life. You may terminate this Terms and Conditions at any time, provided that you discontinue any further use of this Website. Everpure Life 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 Everpure Life. Upon any termination of this Terms and Conditions by either you or Everpure Life, 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.
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 Everpure Life 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.