Terms of service

This Terms of Service (“Terms”) govern your use of the website located at https://www.breakcage.com (the “Website”) and any services or products provided through the Website (the “Service”). The Website is owned and operated by VeganMaharaj LLP. By accessing or using the Website, or placing an order through it, you agree to be bound by these Terms, our Privacy Policy, and all other policies referenced herein. If you do not accept all these Terms, you should not use the Website or the Service.

By visiting our Website and/or purchasing any product listed on the Website, through the Website, you engage in our services provided via the Website (“Service”) and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. You should read these Terms of Service and access and read all further linked information, if any, referred to in these Terms of Service, as such information contains further terms and conditions that apply to you as a user of the Website. Such linked information including but not limited to our privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms of Service.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

These Terms of Service apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service or unable to be legally bound by these Terms of Service, then you may not access the Website or use any services or otherwise click to accept these Terms of Service, if and when prompted on the Website.

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Service at any time, and will notify you at least once in a year, or whenever there is a change in these Terms of Service, by email or by posting a conspicuous notice on the Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. As long as you comply with these Terms of Service, we grant you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Website.

 

A breach or violation of any of the terms set out herein will result in an immediate termination of your access to and use of the Website and the Service.

 

If you are unwilling or unable to be legally bound by these Terms of Service, please do not give your consent or use the Website. You cannot accept these Terms of Service if: (a) you are not lawfully entitled to use the Website; or (b) if you are not of legal age to form a binding agreement with us.

 ELIGIBILITY

 

Use of the Website is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. By agreeing to these Terms of Service, 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 Website. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover that you are not eligible to use the Website. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms of Service. If a minor or person with disability wishes to use or transact on the Website, such use or transaction may be made by a verifiable consent by the minor or person with disability’s legal guardian or parents on the Website. Any minor or person with disability accessing, using or transacting on the Website in violation of these Terms of Service shall be doing so at their own risk and we shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Website. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover for itself that such person is not eligible to use the Website.

ACCEPTANCE OF TERMS OF SERVICE

 

In order to use the Website, you must first agree to these Terms of Service. You shall be deemed to have accepted these Terms of Service by (a) clicking to accept these Terms of Service, when prompted on the Website; or (b) actually using the Website, in which case, you understand and agree that the earlier affirmative consent given by you on the Website shall be treated by us as a continued acceptance of the Terms of Service.

GENERAL CONDITIONS

 

3.1. We reserve the right to refuse service to anyone for any reason at any time.

 

3.2. You understand that your content (not including credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/Debit card information is always encrypted during transfer over networks.

 

3.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

  

 3.4. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

 4.1. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

 4.2. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.

MODIFICATIONS TO THE SERVICE AND PRICES

 

5.1. Prices for our products are subject to change without notice.

 

5.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

 

5.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

• PRODUCTS OR SERVICE

   

  6.1. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.

   

  6.2. We have made every effort to display as accurately as possible the colours and images of our products on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

   

  6.3. We reserve the right but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may also discontinue any or all of the products and Service provided on the Website, as we may deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

   

  6.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You acknowledge and agree that we provide access to tools on the Website “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any such tools. Any use by you of tools offered through the Website is entirely at your own risk and discretion.

   

  6.5. The provision of Service on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result of such disruption or outages.

  ACCURACY OF BILLING AND ACCOUNT INFORMATION

   

  9.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

   

  9.2. You agree to provide current, complete and accurate purchase and account information for all purchases made from the Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

   

  For more detail, please review our Returns and Refunds Policy.
  
  
  

  OPTIONAL TOOLS

   

  10.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

   

  10.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

   

   10.3.  Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

  THIRD-PARTY LINKS

   

   11.1.  Certain content, products and services available on our Website may include third party materials, links or interactive functionality interacting with the websites of third parties. Any inclusion of such third party materials, links or interactive functionality does not imply any sponsorship or association with the third party and/or the third party material.

   

   11.2. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party materials or websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

   

   11.3.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  
  

  AGREEMENT TO RECEIVE COMMUNICATION

   

  You hereby by way of accepting these Terms of Service consent to the receipt of communication from us by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by us, services from us and its third-party partners (if applicable).
  
  
  

  PERSONAL INFORMATION

   

  Your submission of personal information through the Website is governed by our Privacy Policy. Please review the Privacy Policy to understand our privacy practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
  
  
  

  • ERRORS, INACCURACIES AND OMISSIONS 

     

    15.1.      Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability or even general content. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time with prior notice (including after you have submitted your order).

     

     15.2.      We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
    
    
    
    

     PAYMENT FACILITY

     

     16.1.      The Website permits payment via various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards and internet banking.

     

     16.2.      If you purchase the products using the cash on delivery (COD) option, the orders placed will be verified before dispatch through via. e-mail or multimedia text messages as SMS, WhatsApp, or phone calls from us on the e-mail address or mobile number provided at the time of signing up or when the order was made. Upon delivery of the products, you are not permitted to refuse receipt of such products. In the event that you refuse receipt of such delivered products and/or do not pay for the same, we reserve the right to blacklist you and block access to your Account on the Website and/or take any other action as we may deem fit. 

     

     16.3.      While availing any of the payment method/s available on the Website, we will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transaction(s); (b) exceeding the pre-set limit mutually agreed by you and between bank/s; (c) any payment issues arising out of the transaction; (d) rejection of transaction for any other reason(s) whatsoever.

     

     16.4.      All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees. It is expressly clarified that we will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.

     

     16.5.      You acknowledge that we will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond our control.