Terms & Conditions

This page states the “Terms of Use” under which you may use the present website and/or App of Yoginii Lifestyle Pvt. Ltd., a company incorporated and registered under the provisions of the Companies Act, 2013 and having registered office at DPT 720A, DLF Prime Tower, Okhla Industrial Area Phase-1, New Delhi, South Delhi 110020 (hereinafter referred to as Yoginii) to sell its products under the Yoginii Brand in the Territory of India.

2. These Terms of Use include the “Privacy Policy” which is incorporated into these Terms of Use by reference. By using the App or website, you are indicating your agreement to these Terms of Use, including the Privacy Policy.

3. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name \[] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).

4. The Platform is owned by Yoginii, and if you do not agree with the present terms, please do not access the website or platform for any purchase. It is acknowledged by the user of the platform that he/she may be charged for various services being provided by Yoginii that shall be at the sole option of the User to purchase any service offered.

5. Yoginii is merely a Platform connecting various Buyers and Sellers on its Platform wherein Sellers will list their products for sale and Buyers will be free to access the Platform and purchase any such product(s).

DEFINITIONS

“you” or “your” (including upper or lower case instances of these words in the Terms) refers to any individual accessing and using the Site and Digital products and services whether as a registered user or guest.

“user” refers to individuals who are registered users/subscribers of Yoginii by virtue of having an account with an associated unique user ID and password for accessing the Site(s)/ App and using the products and services.

“us” and “Company (including upper or lower case instances of these words in the Terms) refers to the collection of entities that own or operate the Site or the App/ Platform.

“Site” means the collection of websites, applications, and platforms owned or operated by us, including without limitation, www.yoginii.co, android and iOS applications offering the same or similar functionality as offered via the above domains.

“Digital products and services ” means the various digital products and services offered via or through the Site from time to time.

“Personal Data” means data, whether true or not, about you from which you can be identified and any of which you are provide to us, is deemed to be provided consensually, including without limitation, your personal details and payment information.

“User Information/ Data” means information you provide us as part of registration and in the course of using the Yoginii products and services, and includes, without limitation, UGC.

“User Generated Content” or “UGC” means any content created, generated, uploaded by, or originating from or through you that is available at or through the Site or Digital products and services, including without limitation content and logs of communications between you and other users of the Site or us.

GENERAL

6.  If you do not agree to any of these terms or the Privacy Policy, please do not use the Service. The Service is provided by Yoginii which is an intermediary allowing Buyers and Sellers to transact on the platform. Yoginii cannot be a party to or control in any manner any transaction between the Platform’s Users i.e. the Buyers and Sellers.

7. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Yoginii may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

8. You must be 18 years of age or older to visit or use Yoginii in any manner. By visiting Yoginii or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use Yoginii in a manner consistent with any and all applicable laws and regulations.

9. In order to access features of the Service provided by Yoginii, you may have to create a User Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information as required by the company for registration of the account. We can store your shipping addresses and billing information so that you don’t have to enter them each time you shop. You will also be able to save your favorites, check your order status, and review your order history. Your registered information will be securely stored with us, and you can add, delete, or change your registered information at any time using your password. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Yoginii immediately of any breach of security or unauthorized use of your account. Although the company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Company or others due to such unauthorized use.

10. The contents of this Website and/ or App, and of all other websites under the Company’s control, whether partial or otherwise or partner websites such as text, graphics, images, logos, button icons, software and other Content, are protected under both India and foreign copyright, trademark and other laws. All Content is the property of the respective Trademark Owners and/ or its Licensees, affiliates or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Yoginii Sites are the exclusive property of the Company and protected by Indian and international copyright laws. The User/Subscriber/Visitor to the site and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made there-under, or the law governing any such use in the country of the users/subscribers residence while assessing or feeding any information/data into the computers, computer systems. The said User/ subscriber/ visitor to Yoginii and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or similar laws/ rules, regulations, guidelines, byelaws and notifications, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force. 

11. The User/visitor to Yoginii or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:

i. Offensive, unlawful, racist, sexist, sex-related, obscene, vulgar, pornographic, defamatory, abusive, explicit

ii.     A virus, Trojan, spam, bulk email or other such data.

iii.     Infringes on patent, trademark or copyright of any party

Moreover, the Company specifically prohibits all users to:

• Post content that contains links to any site competitive with the Company;
• Post or submit to any Yoginii Site any incomplete, false or inaccurate biographical information or information which is not your own;
• Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Yoginii Site;
• Delete or revise any material posted by any other person or entity;
   

12. You should not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Yoginii Site;

13. The company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Yoginii Sites and/or terminating the offending User’s ability to access the Sites and/or use any services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

14. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Platform and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Yoginii on the Platform for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Yoginii the respective licensors of the Content. 

15. When You register with any Yoginii site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the Terms of Use and any privacy policy applicable to any Yoginii Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.

16. The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.

17. You are solely responsible for your Account information, content, messages or other information (“User Content”) that You submit, publish or display (hereinafter, “post”) on any Yoginii Site or transmit to other Users. By posting User Content to any Yoginii Site, You automatically grant, and You represent and warrant that You have the right to grant, to the company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

18. Public Forums. The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.

19. Yoginii may limit, suspend, modify, delete or terminate any account that violates any terms as stated herein (modified from time to time) without any advance notice. As also, the Platform may delete/ terminate any accounts that have been Inactive for more than 182 days.

20. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

21. The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.

22. The user is responsible for maintaining the confidentiality of the Account and passwords. The user shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by the user. The user further agrees to immediately notify the Company of any unauthorized use of your Account, and passwords.

23. The company will not be party to any legal proceedings between a user (e.g. a subscriber) and a party contracted through the Platform. In case the company is implicated in any legal proceedings, costs will be recovered from the party that names The company, however, will abide with any court order served on it through due process. 

24. The company cannot guarantee and does not promise any specific results from use of the Platform or any Yoginii Site. No advice or information, whether oral or written, obtained by a User from the Platform or from any Yoginii shall create any warranty not expressly stated herein.

25. The company does not warrant that any Yoginii site will operate error-free or that any Yoginii and its servers are free of computer viruses or other harmful mechanisms. If your use of any Yoginii site or the content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The Yoginii sites and content are provided on an “as is” basis without any warranties of any kind. The company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

26. The company would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond the company’s reasonable control including but not limited to strike, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

27. The company’s maximum liability arising out of or in connection with any Yoginii site or your use of the content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed INR1000.

28. Yoginii sites may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

29. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Yoginii Site, (ii) your use of any Site Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

30. The Company makes no claims that the Content on Yoginii sites/ platform may be lawfully viewed or accessed outside of India. Access to the Yoginii may not be legal by certain persons or in certain countries. These Terms of Use are governed by the laws of India, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Court at Delhi, India. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of Yoginii.

TERMS OF SALE

31. The Platform enables the Buyer and Seller to transact on the Platform.

32. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial terms include without limitation retail price, shipping, payment terms, mode of delivery, warranties related to products and services and after sales services related to products and services etc. Yoginii does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Yoginii.

33. Placing an order on the Platform by a Buyer shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

34. Yoginii does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Yoginii does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Yoginii accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

35. Yoginii is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Yoginii does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.

36. Yoginii does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

37. At no time shall Yoginii hold any right, title or interest over the products nor shall Yoginii have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Yoginii is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. However, it is made clear that certain products listed on the Platform may be offered for Sale by Yoginii or any of its affiliates, agents etc. and for any such products Yoginii will be regarded as a Seller of products for the purposes of these Terms and Conditions.

38. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Yoginii is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

39. By placing an order you are offering to purchase a product on and subject

to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. Prices for a product (including sales) may vary between the Site and stores or between geographies. Prices displayed on “mention website domain” are quoted in INR and are valid and effective only in India.

40. Dispatch times mentioned on the website are only to be used as fair indicators for the delivery times and under no circumstances to be considered as a promise of delivery times. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays, non availability of the product due to manufacturing delays or force majeure for which Yoginii will not be responsible. Under the circumstances where the product is not dispatched, Yoginii holds the right to refund the customer the amount(if paid by the customer in advance) or cancel the order. Depending upon various circumstances the refund can take upto 6-90 days.  Yoginii holds the right to cancel any order without any prior intimation.  There can be a variation in the picture shown in the website for the purpose of making a sale and the actual product that is delivered. By choosing to make a purchase you agree that it would be in our jurisdiction to refund the purchase amount if and when such a variation happens.

41. In order to contract with Yoginii you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Yoginii  retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. Where a contract is made with a third party, Yoginii is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

42. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been received and approved by us.

PRICING AND AVAILABILITY

43. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. You can only cancel the order before it has shipped. Any cancellation after the product has been shipped from our site will not be applicable for refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

44. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

45. Yoginii may charge a nominal fee for browsing and buying on the Platform. Yoginii reserves the right to change its Fee Policy from time to time. In particular, Yoginii may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Yoginii reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. 

46. Yoginii reserves the right to change the price of any product without prior notice. The change in price of products will only be applicable on the orders that have been placed after the time of price revision, The vlaue of orders placed prior to the price change wont be affected.

PAYMENT

47. Upon receiving your order we may carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

48. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

49. The conditions of use relating to any discount code will be specified at the time of issue.

50. From time to time we may request you to provide Personal Data to us. We may also collect your Personal Data through the use of cookies (and other tools to track your access and use of the Site and Digital products and services. By providing us such data, you are consenting to us using your Personal Data in connection with the provision of the Site and Digital products and services. Such use may extend to, without limitation, internal analysis of such data by us, provision of such data to our personnel and third parties authorised by us to access such data (all of whom shall be subject to appropriate confidentiality obligations in respect of such data) and to transmittal of such data outside the countries, subject again to any persons accessing or handling such data outside your location jurisdiction (where you first registered as a user from) being subject to appropriate confidentiality obligations such that your Personal Data is handled with care to a standard no lower than required by any data protection laws in your location jurisdiction.

PRIVACY

51. When we use your Personal Data, we will do so in compliance with the applicable laws of your location jurisdiction (subject to the consents you have provided through your acceptance of these Terms). When we provide any of your Personal Data to third parties, we shall do so in accordance with this Privacy Policy. In the event you wish to utilise opt-out or right to be forgotten rights available to you in your location jurisdiction, please notify us in writing citing the laws upon which you rely, and we will comply with your request in a reasonable time to the extent required by the relevant laws.

52. Whenever you shop with Yoginii (online, or by phone) we obtain from you the information we need to complete your transaction. This may include, but not necessarily be limited to, your name, address, telephone number, e-mail address, and credit card number. We also retain details of your specific product purchases and transactions with us. If you register with us online, we may ask for additional information, such as your age, interests or product preferences. If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of the Yoginii Website.

53. All registered members have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties you should opt-out by contacting us through email Info@yoginii.co.

54. We may disclose aggregate, anonymised statistics about the number of visitors to this Website or number of purchases made as required by our investors. We use an independent measurement and research company to gather data regarding the visitors to this Website on our behalf using cookies and code which is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors’ screen settings and other general information. Yoginii uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users. 

55. We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:

1. in the event that Yoginii sells or buys any business or assets;
2. if Yoginii or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
3. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of Yoginii, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

56. Data Protection Rights Under General Data Protection Regulation (GDPR):

(i) If you are a resident of the European Economic Area (EEA), you have certain data protection rights including allowing any such user from EEA to correct, amend, delete, or limit the use of your Personal Data. Additionally, please note that your information may be transferred outside of Europe.

(ii) If you wish to be informed what Data, Yoginii or its subsidiaries hold about you or if you want any such data to be removed, you can do so by contacting us through email at Info@yoginii.co.

57.  Your principal rights under data protection law are:

(a) Right to access;

(b) Right to rectification;

(c) Right to erasure;

(d) Right to restrict processing;

(e) Right to object to processing;

(f) Right to data portability;

(g) Right to complain to a supervisory authority; and

(h) Right to withdraw consent.

58. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA)

59. Cookies and its use:

(i) Cookies are data files sent by your web browser to the website or application you visit. A cookie gets stored on your web browser or device and allows the service to recognize you and make the service more useful to you.

(ii) A Cookie may be a “persistent cookie” or a “session” cookie. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date unless deleted by the user before the expiry date whereas a session cookie will expire at the end of the user session, when the web browser is closed.

(iii) For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

60. These Terms of Use will remain in full force and effect while You are a User of Yoginii and its affiliate sites at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from Yoginii Sites and immediate termination of your registration with or ability to access Yoginii Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use.

If you have any questions about these Terms of any Complaints/ Feedback etc., feel free to contact us at Info@yoginii.co