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Terms & Conditions

Accessing, browsing, downloading, installing, or otherwise using this site/application indicates your agreement to all the terms of use (“terms and conditions”). Please read the terms and conditions carefully before proceeding.

GENERAL 

Gaia Fresh website www.gaiadairy.com or application ‘Gaia Fresh’ (collectively referred to as the “Platform”) is owned and operated by Vamaa Dairy Private Limited, a company incorporated under the laws of India (“VDPL”). For these Terms and Conditions, wherever the context so requires, "You" or "User" shall mean any natural or legal person who has agreed to use the Platform or become a buyer on the Platform by registering on the Platform using the computer system, phone or any other electronic device. The term "We,” "Us,” and "Our"; shall mean VDPL. The Terms and Conditions govern your use of the Platform and services and tools. 

By mere use of the Platform, you shall be contracting with Us. And these Terms and Conditions, including the policies, constitute your binding obligations to Us. The Terms and Conditions govern your use of the Platform and services and tools as applicable to the Platform. By accepting these Terms and Conditions, you also acknowledge and agree to be bound by the other terms and conditions and policies, including but not limited to the Cancellation Policy and Privacy Policy as may be posted on the Platform from time to time.

AMENDMENT 

At our sole discretion, we reserve the right to change, modify, add or remove portions of these Terms and Conditions without prior written notice to You by posting changes on the Platform. You shall be liable to update yourself on such modifications, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms and Conditions. Your continued use of the Platform following the posting of changes constitutes your acceptance of the amended Terms and Conditions.

REGISTRATION 

You may access the Platform by registering to create an account on the Platform. We will make your account on the Platform if you decide to register on the Platform. You have no obligation to provide any content to our Platform. Some of our services are designed to let you submit, store, send, receive, or share your details on our Platform. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful, and you, at this moment, grant Us a royalty-free and non-exclusive right to use such content of yours to provide the services under our Platform to You. 

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account on the Platform and your access to the services provided by Us if any information provided during the registration process or after that proves to be inaccurate, not current, or incomplete if it is believed that Your actions may cause legal liability for Us and if you are found to be non-compliant with the Terms of Use. 

ELIGIBILITY AND ACCESS 

Persons who are “incompetent to contract” within the Indian Contract Act 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Platform. Only individuals 18 years of age or older may use the Platform. If you are under 18 years of age and you wish to download, install, access, or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms and Conditions and Privacy Policy. Should your parents or legal guardian fail to agree to or accept the Terms and Conditions and Privacy Policy, you shall immediately discontinue its use. We reserve the right to terminate your Membership and deny access to the platform if it is brought to our notice that you are under the age of 18 years. You must provide accurate and correct information while registering for this Platform. You are solely responsible for the correct information.

USE OF THE PLATFORM 

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

Your responsibility shall be to treat your account details and password if you decide to use and register the Platform and not disclose the same to any person or entity. Further, any identification code provided by Us to You to use the Platform shall not be shared with any other person/entity other than Us. At times and our sole discretion, we shall reserve the right to disable any user identification code or password if you have failed to comply with any of these Terms and Conditions provisions.

You shall at all times be responsible for using the Platform through your computer or mobile device and for bringing these Terms and Conditions to the attention of all such persons accessing the Platform on your computer or mobile device. 

You shall not, on the Platform and about the Platform, products on the Platform, Us, Our Services or our present or future brand, logo or name, host, display, upload, download, modify, publish, transmit, update or share any information on the Platform or about the Platform, products on the Platform, Us, our services or our present or future brand, logo or name, which is -

  1. misleading or misrepresentative in any manner whatsoever, 
  2. infringes upon or violates any third party’s rights and 

is harassing, grossly harmful, obscene, libelous, slanderous, blasphemous, defamatory, pornographic, paedophilic, criminally inciting or invasive of another’s privacy, hateful, or racially, religiously or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or is patently offensive to the online community;

  1. do any activity that may harm a minor in any manner whatsoever; impersonate another person or that you represent, someone else, or impersonate any other individual or entity or forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform; attempt to
  • access data on the Platform not intended for You or log into an account/server which You are not authorized to access on the Platform, 
  • probe, scan or test the vulnerability of a system or network or to breach security or authentication measures about the Platform, 
  • interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Platform, 
  • send or transmit unsolicited mass emails to Us or Our customers, 
  • interferes with another user’s use and enjoyment of the Platform; 
  • use any automatic device, program, algorithm, or methodology to access, acquire, copy or monitor any portion of the Platform or any part thereof, make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the word “VDPL” or “GAIA” or “GAIA Fresh” or otherwise engage in any conduct or action that might tarnish Our image or reputation;
  • violates any law for the time being in force;
  • violate the system or network security of the Platform that may result in civil or criminal liability for You, Us, or any of the users on the Platform. 
  1. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including removing the offending content from the Platform and terminating the accounts of such violators. We reserve the right but have no obligation to monitor the materials posted on the Platform. We may remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit or letter of these Terms and Conditions. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the platform and in your private messages. You, at this moment, 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. Please be advised that such content posted does not necessarily reflect our views. 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 appearance of content on the Platform.

PRODUCTS 

All the products listed on the Platform will be sold at a price as specified on the Platform. The said prices are subject to change on the Platform without being notified. You agree to pay for the price which is applicable and levied to such products on the Platform at the date of delivery.

The product images displayed on the Platform are only for reference purposes. We will make every reasonable effort to maintain the accuracy of the information on the Platform. However, the actual packaging, size, weight, price, and other details of the products may vary, and the product may contain additional/different information from the information provided on the Platform. 

USE OF THE PRODUCTS 

Upon the delivery of any dairy products, including milk, dahi, paneer, chaas, and lassi need to be stored under refrigeration (4 -8 degree Celsius). Further, upon the delivery of any product on the platform by you, such products are to be stored and consumed by you by the instructions specified on such development. We accept no liability for any errors or omissions on behalf of vendors, consumers, or any third party. 

The product and services purchased from the Platform are intended for your personal use, and You represent that the same are not for resale or that You are not acting as an agent for other parties unless with prior written consent from Us. 

INTELLECTUAL PROPERTY

At all times, we shall hold all rights, title, or interest over the intellectual property rights, including but not limited to rights over literary and artistic works (copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks) and the domain name about the Platform, in the material published on the Platform and all the products on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded. You must also not use any illustrations, photographs, video or audio sequences, or graphics separately from any accompanying text. 

You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors, as the case may be. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation and terminating the accounts of such violators. 

The Platform may provide an opportunity for users to post reviews and other comments, questions, suggestions, or other information ("Content"), and all such Content submitted by the user shall not infringe or violate third-party intellectual property rights. The user now grants Us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable right and license to use such Content.

LIMITATION OF LIABILITY 

We do not represent that access to the Platform will be uninterrupted, timely, error-free, or free of viruses or other harmful components or that such defects will be corrected. We do not warrant that the Platform will be compatible with all hardware and software you may use. We shall not be liable for damage to viruses or other code that may affect any equipment due to your download, installation, access to, or use of the Platform. We shall also not be liable for the actions of third parties.

The Platform may be under constant upgrades, and some functions and features may not be fully operational. We are not responsible for the delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered. You understand that our liability ends once your order has been delivered to you.

Using the Platform, you do the same at your own risk. You agree to use the Platform for bona fide purposes and shall not cause any financial or other loss to Us or the Platform.  In case We have reason to believe that the Platform and its services are abused to cause or cause failure, we shall reserve all the rights to report to law enforcement agencies and take all the actions to prevent/eliminate such loss.

We are not responsible for any issues, damages, inaccuracies, delays, or errors in the use or functionality of the Platform that may occur in the electronic distribution of information and for any other reason about the content provided on the Platform. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, at our sole discretion, contact you with further instructions. We do not represent that the information posted on the Platform is correct in every case.

Notwithstanding anything to the contrary contained herein or otherwise, neither us nor our affiliates, officers, directors, or employees shall be liable to you or any third party for any damages, losses, cost, or claims arising out of or relating to

  1. The information provided on the platform,
  2. Any decision made or action taken by your reliance on the content contained on the platform, 
  3. Any indirect, incidental, special, consequential, or exemplary damages,
  4. Personal injury/ death caused due to unreasonable use of the products on the platform or service of the products in breach of the terms and conditions or due to the actions or omissions of any third-party vendor,
  5. Consequence of any use of online payment for the purchase of products on the platform using third-party payment gateway services and 

lost profits lost data, or business interruption), resulting from any services provided through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. The possibility of any other damages, losses, costs, or claims arising out of or relating to the platform or any products on the platform to the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5,000. To the maximum extent permitted by law, you waive, release, discharge, and hold harmless us and each of our affiliates, officers, directors or employees, and agents from any claims, losses, damages, liabilities, expenses, and causes of action arising out of your use of the platform and products on the forum.

INDEMNIFICATION

You shall indemnify, defend and hold harmless us against any losses, claims, costs, liabilities, and damages arising out of or in connection with, from, and against any claims, suits, judgments, settlements, and proceedings; and all losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees; suffered and incurred by Us, which arises out of or results from any breach of any of terms of the Privacy Policy or as per applicable laws, by You. 

WAIVER

No failure or delay by Us in exercising any right, power, or remedy under this Privacy Policy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power, or remedy. Without limiting the preceding, no waiver by Us of any breach by You of any provision hereof shall be deemed a waiver of any subsequent breach of that or any other provision hereof. Other than as expressly stated herein, the recourse or remedies under this Privacy Policy are in addition to and not exclusive of any other remedies that We may have under applicable laws or in equity in connection with the breach of this Privacy Policy by You.  

COMMUNICATION 

You agree and understand that You are providing your details by registering on the Platform and are communicating with Us through electronic records. You consent to receive communications via telephone, SMS, e-mail, our social media account, or other electronic messaging or otherwise from Us periodically and as and when required. We may communicate with You through telephone, SMS, e-mail, our social media account, or other electronic messaging with information about our present and future products and services or any feedback thereon. Any calls that we may make by ourselves or through a third party to You on the details as shared by you during registration on the Platform. We may record any calls by Us to You for internal training and quality purposes or any third party appointed by Us. You agree and grant permission to Us to receive promotional SMS and e-mails from Us or allied partners. If you wish to opt out of receiving promotional SMS or email, please email us at the contact details provided on the Platform.

SEVERABILITY

Every obligation under these Terms and Conditions shall be treated as a separate obligation. It shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or part. To the extent that any provision or provisions of this Terms and Conditions are unenforceable, they shall be deemed to be deleted from this Terms and Conditions, and any such deletion shall not affect the enforceability of the remainder of this Terms and Conditions not so deleted provided the fundamental terms of the Agreement are not altered. We shall then use all reasonable endeavors to replace the invalid or unenforceable provisions with a valid and enforceable substitute.

NON- TRANSFERABLE 

You shall not assign, transfer, or purport to assign or transfer the contract between You and Us to any other person.

GOVERNING LAW AND DISPUTE RESOLUTION

The laws of India govern these Terms and Conditions. Any action, suit, or other legal proceedings commenced to resolve any matter arising under or relating to this Platform, or any part thereof shall be subject to the exclusive jurisdiction of the courts in Chhattisgarh, India.

COMPLAINTS 

If you have any complaints about the products purchased from the Platform, you may notify Us via phone at +91 8085959595 or gaiafresh@vamaadairy.com. We will assist you to the best of our abilities by providing relevant information and attempting to resolve your complaint.