Terms of service
TERMS AND CONDITIONS
This Document Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To 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 VAYU.
Vayu provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions and policies (which are collectively referred to as “Policies”) which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions mentioned on this website, so please read this carefully before proceeding.
PRIVACY
Please review our privacy-policy carefully to understand how Vayu collects, uses and discloses information about its customers.
PAYMENT POLICY
Please see our Payment Policy to understand the purchase processes of our products.
All international shipping orders may attract local duties applicable in that country and accordingly the customer will have to bear such costs and pay such local duties/taxes as applicable in the region where the customer intends to receive the products and services purchased by such customer on our website.
PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services marketed and sold on this website, and any samples thereof which we may provide to you, are strictly for personal use only. You shall not sell or resell any of the products or services, or samples thereof, which you may purchase on our website or which you receive from us as a part of discounted sales or promotional offers. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that if we believe, in our sole discretion, that such quantity of products or services may result in the violation of our Terms and Conditions or any other Policies.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products / services on our website. However, except to the extent implied by applicable law, we do not warrant that the said product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
INTELLECTUAL PROPERTY
All information and content available on the website and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, photos of the products, the product description, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Vayu, and/or our affiliates, partners or licensors, and is protected by laws of India,. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Vayu owns all intellectual property rights to and into this website, including without limitation, any and all rights, title and interest in and to all copyright related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, hyperlinks and any and all the Content. You acknowledge and agree that you shall not use, reproduce or distribute any content from this website belonging to Vayu without obtaining prior authorization from Vayu.
Except as set forth in the “limited licenses” section hereunder, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, reverse engineered or otherwise exploited, in whole or in part, for any purpose whatsoever and without our express and prior written consent.
LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access and use of the Vayu’s website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Vayu’s website or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Vayu website, you shall comply with these Terms and Conditions, Policies and the special warnings or instructions for access or use posted on the website. You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that is caused to Vayu, our affiliates, partners or licensors.
If you use the website as registered user, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Vayu reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and password. You are responsible for all activities that occur under your User ID and password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself if prompted by website registration form or provided by you as a visitor or user of a third party site through which you access the website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions or our Policies, Vayu has the right to indefinitely suspend or terminate or block access of your membership with our website and refuse to provide you with access to the website.
As a condition of purchase, the website requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-Out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS shall be subject to change at the sole discretion of Vayu and Vayu owes no responsibility to provide you any information regarding such change.
You, the user of the website, undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Vayu shall in no manner be held responsible for the same.
THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Vayu’s website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from our website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites and/or published on such websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit and we explicitly disclaim any and all relationship with such off-websites or links / hyperlinks that may reflect on our website and which may redirect any user to such off-websites.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
Vayu may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions and our existing Policies; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy and other Policies, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we deem fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use/put to use your Submission, and any ideas, concepts or know how contained therein, without payment of money/ies or any other form of consideration to you in any manner whatsoever, for any purpose including without limitation, developing, manufacturing, distributing and marketing/selling our products and services .
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
USER CONTENT
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined under the section hereinabove. This means that all third parties, and not us;Vayu, is entirely responsible for all the User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam". You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Vayu’s website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions / Policies or infringe the rights of others/other third parties which are unrelated to Vayu.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others/other third parties. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to: info@vayuonline.com and 3, K block, commercial complex, Jungpura Extension, central Delhi, Delhi, 110014.
Note: The above contact information is provided exclusively for notifying Vayu that copyrighted material may have been infringed. All other inquiries and customer concerns should be directed to our customer service group by sending an email at: info@vayuonline.com
REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
Vayu website is presented "As Is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, Vayu will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data, non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Vayu does not warrant that this website will be constantly available, or available at all or that any information on this website is complete, true or accurate.
We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that Vayu shall not be liable for any damages of any kind related to your use of this website.
Though Vayu shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this website; information, content, materials, product (including software) or services included on or otherwise made available to you through this website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on website constitutes, or is meant to constitute, advice of any kind. You shall be solely liable and responsible to purchase the products and services at your sole risk and discretion and if such product/s does not meet your requirements and/or choice, Vayu shall not be responsible in any manner whatsoever to replace/exchange and/or accept refund of such products/services unless mentioned in our Policies.
All the products sold on the website shall be solely governed by the Indian Laws. In the event we are unable to deliver any product/s due to implications of different territorial laws or due to reasons beyond our control, we will return or will give credit for the amount (if any) received in advance by us from the sale of such product that could not be delivered to you. It is your sole responsibility to ensure that the products purchased on this website is not restricted in your territory. Vayu shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
Further, to the fullest extent permitted by law, Vayu will not be liable and responsible for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or its use by you or arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.
You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
INDEMNIFICATION
You agree to defend, indemnify and hold Vayu and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees harmless for any loss, damages, expenses or costs, including reasonable attorneys' fees, resulting from any third party claims, actions, suits, losses or demands resulting from your use of Vayu’s website or breach of these Terms and Conditions and Policies. You also agree to indemnify us for any loss, damages, expenses or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure or your violation of any applicable laws or the rights of a third party or any damage to life and/or property caused by the products delivered to you.
DISPUTES
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of New Delhi, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Delhi, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Vayu website shall be referred to the sole Arbitrator appointed by the authorised representative of Vayu in accordance with the law. The venue of such arbitration shall be at New Delhi, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. For the avoidance of doubt, while aiming to settle the disputes through arbitration, all the provisions of the Arbitration and Conciliation Act, 1996 including any and all amendments thereto shall be strictly followed by Vayu
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in New Delhi, India, as applicable, without prejudice to the applicable law and all applicable provisions of this section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions and Policies refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: info@vayuonline.com and discontinue your use of this website. In such an event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in hereinabove, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
GENERAL
You acknowledge and agree that these Terms and Conditions and other Policies constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions and Policies at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the website and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions or other Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions or Policies shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions or Policies, please email us at: info@vayuonline.com
Questions about the Terms of Service should be sent to us at info@vayuonline.com.