Terms of service

This is a platform where you can experience the world of The Orikai, learn more about the brand story and the products we offer! By accepting these Terms or accessing the Platform, you consent, agree and undertake to abide, be bound by and adhere to the Terms. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Company reserves the right to accept or reject your offer. If you do not agree to be bound by the Terms, please do not access or use the Platform.

  1. Eligibility

  • The Platform and/or the services provided through the Platform (“ Services”) are available only to Users who can form legally binding contracts under law. By using the Platform or the Services, you represent and warrant that:

  • You are at least eighteen (18) years of age and are not disqualified from contracting by law. If you are under the relevant age of majority, you may access the Platform and the services under the supervision of an adult and in accordance with applicable law; You are entering into these Terms out of your own free will and consent; Your use of the Platform and Services offered through it do not violate any applicable law and regulation.

      2. Your use of the Platform and Services

  • By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. You agree to use the Platform and Services only for lawful purposes and that you shall comply with all applicable laws and regulations while using the Site and while transacting on the Site. Further, you agree not to take any action that might compromise the security of the Platform or the Services, or render the Platform or Services inaccessible to others or otherwise cause damage to the Platform or Services.

  • You will provide true, accurate, complete and current information in all instances where such information is requested of you. Company reserves the right to confirm and validate the information and other details provided by you at any point of time. 

  • Use of this Platform and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. Use of the Platform by you for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed without notice and may result in termination of account. You agree that you shall use your best and prudent judgment before entering into any transaction through this Site and/or through any Authorized Third-Party Service Providers, at your sole risk.

     3. Product Information

The Orikai attempts to be as accurate as possible in the description of the product on the Platform. However, The Orikai does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

The Orikai reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services

For any returned or undelivered orders, partial or whole, the User will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned. 

     4. Title to products

Until the Company receives full payment for an order and the order is shipped, title to the goods remains with the Company. Upon transfer of the goods/products to you, title and risk of loss passes to you. You should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

The Platform may include hyperlinks to third party content or images. You acknowledge and agree that the Company and/or Platform shall not be responsible for and does not endorse any advertising, products or resource available from such resources or websites. The intellectual property rights in the said third party images/content does not belong to the Company and/or Platform. These links are provided for your information and convenience only and are not an endorsement by the Company and/or Platform of the content of such linked websites or third parties. The Company and/or Platform has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Thus, We shall not be responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource. We recommend these resources on an ‘as is’ basis. When you use a third party resource, you will be subject to their terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource

     5. User Conduct

  • While using this Platform or the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information, including any Content ( as defined below) that: belongs to another person and to which you don’t have any right; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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 the intellectual property or intellectual property rights in the Platform, its technology and/ or its Services; infringes any intellectual property rights of any third party violates any law for the time being in force deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature; use the Platform or its Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person; 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person; reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit the Platform or its Services for any commercial purpose without express written consent of the Company or as permitted by the Terms; store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to the Company’s discretion; attacks or attempt to gain unauthorized access to servers and services that belong to the Company (i.e. computer hacking) or engage in any network abuse; participate in a behavior which affect users’ access to the Platform or Service; By using the Platform and/ or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of the Platform and/or Services. We reserve the right to take appropriate action, including suspension or termination of your access to the Platform and/or the Services if we have reasonable grounds to believe or are made aware that you are using the Platform or the Services in a manner that is in breach of the Terms or applicable laws. In addition, you agree, unconditionally, to indemnify us from any liability or cost arising from any action or inaction by you with respect to your use of the Platform or Services

    6. Transactions

  • The Company and/or the Platform shall have a right to include a minimum order value at any time at is sole discretion, the same shall be notified to you via the Platform itself. Credit card details provided by you for availing of services on the Site will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. The card details will not be utilized and shared by Us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you. While availing any of the payment method/s offered by Us, We are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to: lack of authorization for any transaction/s; or exceeding the present limit mutually agreed by you and between your “Bank/s”; or any payment issues arising out of the transaction; or decline of transaction for any other reason/s.

     7. Fraudulent /Declined Transactions

In case of fraudulent use of the site, We reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

     8. Advertisements

Company reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.

  1. Pricing information

  • The Orikai strives to provide accurate product and pricing information, however errors may occur. The Orikai cannot confirm the price of the product until you make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, The Orikai shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event, any kind of fraudulent activity is detected, The Orikai can recover its dues, if any, from User’s successive orders. In the event that an item is wrongly priced, The Orikai may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and The Orikai will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation.

  • In the event that The Orikai accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The Company may also sub-contract third parties to process the payment. The payment may be processed prior to The Orikai’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

  • PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF The Orikai.

Intellectual Property

  • Rights of Company

  • You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services, and all the intellectual property rights therein or related thereto are solely and absolutely owned by Company (save and except user provided content). All such rights, title and interests shall continue to vest with Company during and after the term of this Agreement.

  • All intellectual property including in relation to the domain name www.theorikai.com any trademarks, logos, images and other content available on the Platform belongs exclusively to Company and/or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by Company to you. Company reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of Company or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform;

  • Your Rights

  • Company grants Users a limited, royalty-free, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable right to use the Platform only for non-commercial purposes.

Electronic Communications

Disclaimer of Warranties

You agree that use of the Services and the access to the Platform is at your own risk. The Services including the Platform, the Content, and any other materials contained on or provided through the Platform are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable

Limitation of Liability

IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. THE COMPANY’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; and (iv) your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Service.

Governing Law and Jurisdiction

The relationship between You and the Company shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Changes

The Company reserves the right, at any time and from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms as “ Revised Terms“) will be posted on the Platform and will be effective immediately after such posting. We recommend that you periodically check the Platform for the Revised Terms. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Revised Terms.

Survival

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms.

Entire Agreement

The Terms constitute the entire agreement between you and the Company governing your use of the Services, superseding any prior agreements between you and the Company regarding such use.

Disputes, if any, will be subject to Indian jurisdiction (Mumbai, India).