Terms of Service

Terms of Use for Data Site for Product Content

Access to and use of this site is limited to approved customers (each, a “Customer” or “you”) who choose to use trademarks, artwork, photographs and trade dress found on the labeling of products (the “Products”) sold by Ode & Cleo Retail LLP and located on this site (the “Content”) and agree to be bound by the following Terms of Use (“Terms”).

  1. License. Customer agrees that use of the Content is under a revocable, non-transferrable, non-sublicenseable, non-exclusive license and is only permitted in the normal course of advertising and selling the Products.

  2. Ownership and Use of Content and Intellectual Property; Compliance.

  • All Content included in this site, such as HTML code, scripts, texts, graphics, logos, icons, images, video, and audio, is  Ode & Cleo Retail LLP property and is protected by the Indian and international copyright laws. All software used on this site  Ode & Cleo Retail LLP property and is protected by Indian and international copyright laws.

  • Ode & Cleo Retail LLP retains the exclusive right, title and interest in and to the Content as well as, at its option, to any modifications and all use thereof shall inure to  Ode & Cleo Retail LLP. All use of Content is at the customer's sole risk and Ode & Cleo Retail LLP is under no obligation to monitor Customer’s use or notify any customers of changes or deletions. Customer is responsible for complying with all applicable local, state, federal and foreign laws relating to its use of the Content. Customer may not violate any applicable law or regulation with its use of the Content.

  • Customer agrees to not modify, change, exploit, disparage, or make derivative works, any portion of the Content for any reason. Moreover, Customer may not, without our express written consent, do any of the following: (a) link to any web page of this site; (b) use any metatags or any other “hidden text” utilizing our Content; or (c) frame, inline link or utilize other similar techniques to associate or juxtapose any Content with advertisements and/or other information not originating from this site.

 

  1. Updates. Customer shall be responsible to periodically check for updates or changes to the Content and to likewise ensure that Customer is using the most recent and accurate Content.

  2. Termination.  Ode & Cleo Retail LLP may withdraw or terminate this license at any time or may disapprove the use of the Content on or the use of any of its intellectual property as the URL of particular website(s), in which case Customer shall immediately cease use and transfer ownership upon  Ode & Cleo Retail LLP demand.

  3. Disclaimer and Trademark Attribution. All promotional and advertising materials bearing the Content shall include appropriate legal notices as established from time to time by  Ode & Cleo Retail LLP, including the FDA disclaimer “These statements have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure or prevent any disease.” The rights accruing to  Ode & Cleo Retail LLP hereunder will be deemed for the benefit of Company and its affiliates and subsidiaries.

  4. Reservation of Right.  Ode & Cleo Retail LLP reserves the right, in its sole discretion, to determine which customers may purchase its products, and what selection of combination of Products, if any, are available to each approved customer.  Ode & Cleo Retail LLP also reserves the right, in its sole discretion, to sell to any party, to refuse to sell to any party, or to cease selling to any party.

  5. Privacy Statement.  Ode & Cleo Retail LLP may collect certain information in connection with your use of the site such as: name, business email address, username and password, business information, location information (if you choose to provide it), navigational information like IP address and browser type and version.  Ode & Cleo Retail LLP uses this information for, among other things, improving and developing our websites, contacting you in relation to your use of the website, servicing users, responding to your inquiries, analytics, monitoring site activity, and improving the effectiveness of the site. Failure to provide this information may prevent your access and use of some or all of the site’s features.  Ode & Cleo Retail LLP does not sell, rent, or trade this information without your permission except that it may share your information with the following: contractors, vendors, and affiliates to perform tasks on our behalf; a third party company and its parent entities which owns, acquires, is acquired by or otherwise is merged with Ode & Cleo Retail LLP; as required by law and as necessary and appropriate to protect  Ode & Cleo Retail LLP from harm due to fraud or other illegal activities. Notwithstanding the foregoing, information submitted by you will be transmitted to and shared with third parties that may be located in other countries, in order to provide you services, including but not limited to transaction processing and fraud prevention.

Ode & Cleo Retail LLP utilizes reasonable technical, administrative and physical measures designed to protect the personal information in its custody or control from unauthorized access, use, modification and disclosure. Moreover,  Ode & Cleo Retail LLP regularly monitors its systems for possible vulnerabilities and attacks. While Ode & Cleo Retail LLP implements these security measures on this site, you should be aware that 100% security is not always possible.

  1. Indemnification. Customer agrees to defend, indemnify, and hold harmless  Ode & Cleo Retail LLP, its officers, directors, employees and its agents from and against any claims, demands, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity claims, actions or demands, including without limitation, reasonable legal fees, arising out of, connected with, or resulting from Customer’s use of the Content or use of the Content in violation of these Terms.

  2. DISCLAIMER OF WARRANTIES: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  Ode & Cleo Retail LLP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND DIFFERENT INFORMATION THAN WHAT IS PROVIDED IN THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE MATERIALS MADE AVAILABLE ON IT ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  3. LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Nisarga Health Pvt Ltd IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

  4. Governing Law. These terms shall be governed by the laws of the State of Maharashtra.

  5. Miscellaneous:

  •  Ode & Cleo Retail LLP’s failure to enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

  • If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

  •  Ode & Cleo Retail LLP reserves the right to change, update and revise these Terms from time to time, at its sole discretion, by posting the most current version of the Terms at this site. By continuing to access this site and by using the Content, Customer confirms its consent and agreement to be bound by the most recent Terms.

  • These terms do not amend or override  Ode & Cleo Retail LLPs terms and conditions of sale or any channel restriction agreements.

  • Titles and headings to sections herein are inserted for the convenience of reference only and shall not in any way define, limit, extend or describe the scope of this Agreement or otherwise affect the meaning or interpretation of this Agreement.

PRIVACY & SAFETY

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Text Marketing and notifications (if applicable): By entering your phone number in the checkout and initializing a purchase, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 5 per month. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you will have the option in either e-mail or in case of SMS, instructions will be given to opt out.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

Information submitted by you will be transmitted to and shared with third parties that may be located in other countries, in order to provide you services, including but not limited to transaction processing and fraud prevention. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on the links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Google analytics:

Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

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