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Terms of Use

Last Updated on March 23, 2024

Arugil Tech Solutions Private Limited with its registered office at 7, Ram Nagar, TVS Nagar Road, Kavundampalayam, Coimbatore, Tamilnadu, 641030 is the creator, owner and publisher of the Brand Arugil. (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, or updated (temporarily or permanently) from time to time at the discretion of the Company.

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These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this Platform and the underlying services provided by us through the Platform, including our SMS, APIs, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by the Company through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our Platform, you shall be subject to the policies that are applicable for such transactions.

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Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.

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If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between Arugil and you in connection with your use of the Online Platform, as defined below. If you have any questions regarding our services, you can email us at inquiry@arugiltech.com. 

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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Platform 

As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.

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In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

1. IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:

  1. “Buyer”, shall mean a User who has agreed to become a buyer by using the Services to place an order for Samples or Products/Services;

  2. “Products” shall mean products listed on the Platform by Vendors, for purchase by Buyers;

  3. “Samples” shall mean products listed on the Platform by Vendors as a part of the Products, to represent the actual product;

  4. “Vendors” shall mean a user who has executed a Subscription License Agreement with us for the listing of their Product/ Services on the Platform, to be offered for sale or made available for purchase or for delivery and who has agreed to register on the Platform as a seller for this purpose;

  5. “We”, “Us”, “Company” or “Arugil”, shall mean Arugil Tech Solutions Private Limited, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and

  6. “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the Platform, or using the Platform or the Services offered through the Platform, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number, and email while registering on the Platform (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.

2. APPLICABILITY OF TERMS: 

  1. By accessing and/or using all or a portion of the Services, You acknowledge and agree that:

    1. You have read and understood the Terms;

    2. The provisions, disclosures, and disclaimers set forth in the Terms are fair and reasonable;

    3. Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;

    4. Written approval is not a prerequisite to the validity or enforceability of the Terms.

  2. The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:

    1. The Indian Contract Act, 1872;

    2. The (Indian) Information Technology Act, 2000;

    3. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);

    4. The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at the central, state, or local level.

3. MODIFICATION OF TERMS

  1. The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time. Such changes shall be notified on our Platform. Your continued use of the Online Platform following such notification constitutes your agreement to follow and be bound by the Terms so modified

  2. If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.

  3. These Terms allow the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews about your use of the Platform and the Services.

4. CONDITIONS OF USE

  1. You warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and agree to use the Services in accordance with this Agreement.

  2. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create a Customer account and/or use the Platform, you agree to (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

  3. The Services are provided to you only for your personal, non-commercial use. 

  4. You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.

  5. The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, and use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email addresses, and QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense, or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email addresses, QR codes, etc. which have not been delivered to you personally by the Company.

  6. If you are using the Platform and/ or our services, on behalf of a company/ corporation/ business entity, You represent and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity. 

  7. You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services. 

  8. For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.

5. REGISTRATION

  1. To fully avail the Services of the Platform, registration is required. You are required to create a profile for Yourself by providing your Mobile Number and Address. Users who register with us can purchase the listed Products and avail the Services of the Platform. 

  2. Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference.  Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

  3. By using this Platform and providing your contact information to us through the Platform, you hereby agree and consent to receive calls, auto dialed and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls/email messages/text messages, you may send an e-mail to the effect of inquiry@arugiltech.com. You agree and acknowledge that it may take up to Thirty (30) business days for us to give effect to such a request by you.

6. LIMITED USE

  1. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that Arugil's name is stated as the source and prior written permission of the Company is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Platform is not permitted.

  2. Throughout these Terms, Arugil’s prior written consent means a communication issued by Arugil's legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

7. PRODUCT PRICING:

  1. The prices of the listed products are subject to variation based on multiple factors. You can review the current prices on the platform before completing your order. By confirming an order, you agree to pay the specified prices outlined during the transaction. All products listed on the platform will be presented in Indian Rupees, either at the Maximum Retail Price (MRP) inclusive of all taxes or at a discounted rate, unless otherwise specified. Prices may be adjusted periodically. In the event of unintentional errors in prices or other product information, please bring such discrepancies to our attention, and we will promptly make the necessary corrections.

  2. Users will receive clear information about all charges, fees, and costs, including delivery fees, associated with product purchases on the platform. Such details will be presented at the checkout page during the transaction. It is emphasized that the company does not engage in price manipulation for any products or services featured on the platform.

8. PLACING ORDERS

  1. Users may place orders subject to product stock availability and business operational status, limited to those located within the delivery radius.

  2. Orders are accepted based on stock availability and delivery partner availability, serving to confirm only those orders that can be promptly fulfilled.

  3. The Vendor retains the discretion to reject orders based on factors such as stock unavailability or limited delivery partner availability, ensuring transparency and timely communication to Users.

  4. Upon the availability of a delivery partner, a business executive with a supervisor role may create a trip by selecting one or more orders, optimizing delivery logistics.

  5. The status "Out for Delivery" is marked by the delivery executive upon the commencement of delivery, providing Users with real-time updates. Direct communication between Users and delivery executives is facilitated via provided contact numbers.

  6. The status "Reached Customer Location" is marked when the delivery partner arrives at the designated customer address, offering timely information to Users.

  7. Users possess the prerogative to reject an order at the time of delivery. In such instances, the Vendor may apply cancellation charges in accordance with its policies.

  8. Users may to cancel an order before acceptance by the business. The Vendor, however, reserves the right to accept the order after a one-minute window from the order creation time, promoting a balanced cancellation policy.

  9. For scenarios where a customer is unavailable, the Vendor may undertake multiple delivery attempts, with the specific number at its discretion. Subsequent to the defined attempts, the Vendor reserves the right to reject the order, and charges may apply.

  10. In cases of Cash on Delivery (COD) orders, if a User declines payment, the order is subject to cancellation. Applicable cancellation charges, as determined by the business, may be levied.

  11. Completion of payment for COD orders or delivery for prepaid orders marks the successful conclusion of the transaction, ensuring User satisfaction.

9. SELF PICK-UP

  1. You can place orders for self-pickup if the products are available and the Vendor is open, but only if you're close by. The Vendor can decide to accept or reject orders based on product availability and delivery resources. If you say no to an order at delivery or forget to pick it up by the end of the day, the Vendor might cancel the order, and they could charge you for it. You can cancel orders too, but only before the Vendor accepts them. For Cash on Delivery (COD) orders, you pay when you get the product. For prepaid orders, you pay online. 

  2. Once your order is ready for pickup, you can collect it from the vendor's place. You need to visit the vendor to get your order. If you forget to pick it up by the end of the day or during the vendor's working hours, the vendor might cancel your order, and they could charge you for it. If you have any questions or problems with your order, it's best to visit the vendor directly. Any arguments or disagreements between you and the vendor are your responsibility. We won't get involved. You are responsible for checking the product quality when it's delivered.

10. DELIVERY

  1. Orders placed through our platform are committed to be delivered within 24 hours from the time of order placement.  While our commitment is centered around a 24-hour delivery timeframe, it is imperative to acknowledge the potential for unforeseen circumstances that may lead to delivery delays. These unforeseen situations, beyond our immediate control, may impact delivery timelines. We appreciate our customers' understanding and patience in such instances.

  2. Delivery executives are equipped with the essential information required for seamless order delivery. This includes access to the customer's contact number and address details.  Our delivery system employs a calculation of the shortest distance between the business and the customer location. Based on this calculated distance, delivery charges are determined. 

  3. At the time of delivery, User may be required to provide an OTP shown in the Platform to the delivery executive only if they are satisfied with the product. Rejection of the order is permissible if the User is dissatisfied.

  4. Users are required to verify the product at the time of delivery, ensuring its conformity with the placed order. The onus of verifying the quality of the product lies with the User, and any concerns regarding product quality must be raised promptly.

  5. In the event of any issues or discrepancies detected during product verification, users reserve the right to reject the order at the time of delivery.

  6. Once the product is delivered, Users are precluded from initiating returns, replacements, or refund requests. Any concerns or disputes regarding the delivered product must be addressed directly between the vendor and the User. Disputes arising from product quality or other issues must be settled through direct negotiation and resolution between the vendor and the User, and we will act as a platform for facilitating communication.

  7. The Platform explicitly disclaims responsibility for any damages or issues related to products or services ordered through the platform. Vendors are solely accountable for the quality and condition of their offerings

  8.      CANCELLATION - Our cancellation policy affords users the right to cancel an order before it is accepted by the Vendors, with a brief one-minute window from the time of order placement. Subsequently, Vendors reserve the right to reject or cancel an order after this initial timeframe. Self-pickup orders not collected within the store's working hours may be subject to cancellation. In cases of User unavailability at the designated delivery location, or if product stock or delivery partners are unavailable, Vendors can cancel or reject orders. Unforeseen situations impacting the business's ability to deliver may also warrant cancellations. The Platform retains the right to cancel orders in instances of technical glitches or upon the expiration of the Vendor agreement.

  9. All Products are delivered by the Vendors either by themselves or via one or more third-party delivery services. If the Product is not delivered within the estimated delivery time frame quoted at the time of checkout, please contact us by email at inquiry@arugiltech.com. The Company will, on a best-effort basis, attempt timely delivery of your Product. In case of a delay in delivery of the Product, you shall be notified about the same via phone call, SMS, email, or other electronic communication channels such as WhatsApp.

  10. The Company via its third-party delivery agent, shall attempt delivery of the ordered Product on a maximum of three (3) occasions only. Any delay in delivery not attributable to you shall entitle you to cancel the Product and receive a full refund if applicable to your original source of payment.

11. REFUNDS AND RETURNS

  1. Upon acceptance of a return or refund request by the vendor, the vendor shall be solely responsible for providing the return or refund to the user as per the terms and conditions of the transaction. The platform shall not bear any liability for the processing or issuance of refunds, return shipping costs, or any other aspect related to the return or refund process. Users acknowledge that any disputes or issues regarding returns or refunds are solely between them and the vendor, and Platform shall not be involved in any capacity. Users agree to communicate directly with the vendor regarding the status of their return or refund request and adhere to the vendor's refund policy.

  2. Any applicable refunds shall be permissible in the following circumstances only:

    1. In the event of non-delivery of products resulting from an act or omission on the part of the Vendors and/or its designated delivery agent;

    2. In the event of unreasonable delays to the delivery time frame without prior intimation to you;

    3. In the event that your address falls under a ‘non-delivery zone’ as categorized by the Vendors and we have received payment from you;

    4. In the event of delivery of tampered and damaged packaging, incorrect or expired contents of Product, provided proof of such damage, expiry, tampering or incorrectness is provided by You. The Company may, in its sole discretion and based upon a range of factors, including but not limited to product availability, initiate a return and replacement process with respect to some or all of such Product received by you. However, the Company does not warrant the replacement of goods.

  3. No refunds or returns shall be processed in the following circumstances:

    1. In the event of any variation in packaging, color, design, use, appearance, quantity, or size from the products displayed on the Platform.

    2. In the event of expiry, non-availability or non-applicability of offers, vouchers, discount coupons, competitions, loyalty points, etc.

    3. If the quality of any Products purchased or obtained by you through the Platform does not meet the Product specifications displayed on the Platform, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. The Buyer cannot request compensation from Arugil for any reason, including but not limited to any variation in the finish or appearance of the final Product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a Product, including any reactions to skin or other body parts, missed opportunities to avail certain discounts; any issue with our/ Vendors’ delivery partners or their personnel, any voucher which got deactivated due to the end of expiry date; unavailability of items which the Buyer tried to purchase, etc.

    4. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Arugil holds the rights to cancel orders and block accounts of such Users without any prior notice.

12. ​​PAYMENT

  1. CHARGES: The general browsing of the Platform is free of cost. The use of this Platform, may include platform fee. The Users are only required to pay for the Products which they wish to purchase from the Platform. All prices listed on the Platform are in Indian Rupees. 

  2. Payment for Cash on Delivery (COD) orders shall be collected at the time of delivery, ensuring a real-time transaction upon product receipt.

  3. Users availing online payment options, shall use UPI, Netbanking, Debit/Credit/Prepaid Cards, etc., as per the payment Gateway’s policy. In the event of order incompleteness due to payment failure, any debited amount shall be refunded to the user’s source account as per the Payment Gateway’s policy.

  4. Vendors reserve the right to apply additional charges for user-placed orders or those placed in-store. The applicable charges, including but not limited to packaging charges, Goods and Services Tax (GST), convenience fees, etc., are at the discretion of the Vendor. The determination of these charges rests solely with the Vendor.

  5. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these terms and the ESP's terms and conditions, these terms shall prevail.

  6. To place a valid order on the Platform, you are required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from your bank or credit card. It is at this stage that your order is successfully placed. Thereafter, the Products purchased by you will be activated based on successful completion of verification of information furnished by you. You are hereby expressly made aware that your card statements will reflect that a payment has been made in favor of us. By placing an order on the Platform, you expressly agree to the terms and conditions and payment policy published in the appropriate section of that Platform, or affiliated Platforms where reference to such affiliated Platforms has been specifically made

  7. While availing any of the payment method/s available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

    1. Lack of authorization for any transaction(s), or

    2. Exceeding the preset limit mutually agreed by You and between ”Bank(s)”, or

    3. Any payment issues arising out of the transaction, or

    4. Decline of transaction for any other reason(s).

13. ​​DISCLAIMERS

  1. You shall store and use all products/Services in accordance with usual and reasonable standards of storage and use of such products and in accordance with the instructions on their packaging or instructions received from the Company and/or brand that manufactures and sells that product, if any.

  2. You acknowledge and agree that Product is ordered by you at your own risk. The Company has no knowledge of your medical or health conditions that would make the Products unsuitable for your use and consumption. You shall assume all responsibility for such use. The Company shall in no manner be liable for any allergies, medical conditions, risk to life as a result of your use and consumption of Products

  3. You acknowledge and agree that the contents of Products are not manufactured by Arugil in its own name, and Arugil does not have any rights or title to such contents, except for the right to market and deliver the same to you.

  4. You further acknowledge that the products are third-party products, and in case of any dispute with respect to these contents, including but not limited to their quality, quantity, appearance, size, taste, or usage, shall be directed by you to the Vendors.

  5. While the Company endeavors to include only quality products, the Company gives no warranty of fitness for the purpose of any of the products. This disclaimer of warranty shall particularly apply to taste, color, appearance, size, quantity or suitability for a particular purpose of such contents.

  6. You understand and acknowledge that the Products as displayed on the Platform, including any graphical representations of its packaging, color, design, use, appearance, quantity, size, and illustrations are indicative only and may differ from the actual items received.

  7. The Services are provided on an "as is," and "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.

  8. The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.

  9. The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.

  10. The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.

  11. Arugil disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the products, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.

14. YOUR OBLIGATIONS

  1. You agree and undertake that you are accessing the Platform and transacting at your sole risk and are that you are using your best and prudent judgment before purchasing any Product listed on the Platform or accessing/using any information displayed thereon.

  2. You agree that you are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.

  3. You agree and acknowledge that we are not the manufacturer of the Products and the Platform shall in no manner be deemed to be the manufacturer of the Products on this Platform. We are only facilitating purchase of the Products by providing the Services to You.

  4. You agree that we may, at any time, modify or discontinue all or part of the Platform, charge, modify or waive fees required to use the Platform, or offer opportunities to some or all Platform Users.

  5. You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Platform. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.

  6. You agree to use the Platform and the Products provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

  7. You agree to show a valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.

  8. You agree and understand that some of the items purchased from the Platform are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.

15. REVIEWS, FEEDBACK AND DATA RETENTION

  1. You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Product purchased by you. It is up to your discretion for to submit the same.

  2. You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:

    1. An infringement of any Company or third-party intellectual property or privacy rights.

    2.  A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.

    3. Defamation.

  3. The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis. 

  4. The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.

  5. The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.

  6. We have no obligation to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content that you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

16. INTELLECTUAL PROPERTY RIGHTS

  1. The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the products or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company. 

  2. The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the products or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property.

  3. Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and Arugil or its contents, product listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, Platform or other medium for publication or distribution or for any commercial enterprise, without Arugil express prior written consent.

17. LIMITATION OF LIABILITY

Please read this section carefully as it limits the liability of Arugil and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, “Arugil”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE COMPANY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  2. Without prejudice to the foregoing, the Company make no warranty or representation and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Services, will create any warranty or representation not expressly made herein.

  3.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

  4. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE AMOUNT YOU PAID THE COMPANY, FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

  5. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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

18. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.

19. FORCE MAJEURE

The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.

20.  INVALIDITY

If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

21. SEVERABILITY

In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.

22.  GOVERNING LAW AND JURISDICTION

  1. These Terms shall be governed and interpreted by and construed in accordance with the substantive Laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Coimbatore, Tamilnadu, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.

  2.  Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Coimbatore, Tamilnadu, India, and the language of the proceedings shall be English.

  3.  The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms.

23.  GENERAL

  1. shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.

  2. The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.

  3.  In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.

  4. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.

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