Terms of service

 

Platform: www.biotane.in
Operated by: Biotane Naturals LLP ("Biotane Naturals", "we", "us", "our")
Registered Office: B-203, Silver Springs, Taloja, MIDC, Navi Mumbai – 410208, Maharashtra, India

Legal Notice

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, including as amended. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publication of the rules and regulations, privacy policy and terms of use for access to or usage of www.biotane.in, including any related mobile site or mobile application (together, the "Platform").

Overview

Welcome to Biotane Naturals. Biotane Naturals operates this store and website, including all related information, content, features, tools, products and services, in order to provide you (the "customer") with a curated shopping experience (the "Services"). Biotane Naturals is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (the "Terms"), describe your rights and responsibilities when using the Services. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Platform.

Any additional or conflicting terms you propose are expressly rejected by us and shall be of no force or effect. We may modify these Terms at any time without assigning a reason; it is your responsibility to review them periodically.

1. Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence in India, and that you have given consent for any minor dependents to use the Services on devices you own, purchase or manage.

To use the Services — including browsing the Platform or purchasing products — you may be asked to provide information such as your name, email address, and billing, payment and shipping details. You represent and warrant that all information you provide is true, accurate, current and complete, and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your registered account, and you may not transfer, sell, assign or license your account to any other person.

2. Our Products

We make every effort to provide an accurate representation of our products on the Platform. However, colour or appearance may differ from how a product appears on your screen due to your device and its display settings, and we do not warrant that the appearance or quality of any product will meet your expectations or exactly match its depiction on the Platform.

Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any product offered to any person, geographic region or jurisdiction.

3. Orders

When you place an order, you are making an offer to purchase. Biotane Naturals reserves the right to accept or decline your order for any reason, at its discretion; your order is not accepted until we confirm it. We must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order is accepted. Where we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return, exchange, cancellation or refund solely in accordance with our Return, Exchange, Cancellation & Refund Policy. You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.

4. Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product is the price in effect at the time the order is placed, as set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted on the Platform may differ from prices offered in physical stores or through other online or third-party channels. Promotions we run from time to time may be governed by separate terms; where those terms conflict with these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it (including your email address and payment details) so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) any payment information you provide is true, correct and complete; (ii) you are duly authorised to use the relevant payment method; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling and applicable taxes.

5. Shipping and Delivery

Orders are shipped through registered domestic courier companies and/or speed post, within 7 days from the date of the order and/or payment, or as otherwise agreed at the time of order confirmation, subject to courier company or postal norms. Delivery is made to the address provided by you at the time of purchase, and order confirmations are sent to the email address provided at registration. Any shipping costs levied on an order are non-refundable.

We are not liable for delays in delivery caused by the courier company, postal authority, customs processing, or other events outside our reasonable control. Once products are handed to the carrier, title and risk of loss passes to you. All delivery timeframes are estimates only and are not guaranteed.

6. Intellectual Property

The Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of the foregoing — are owned by, or licensed to, Biotane Naturals, its affiliates or licensors, and are protected by Indian and applicable foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants or shall be construed as granting any licence or other right under any patent, trademark, copyright or other intellectual property of Biotane Naturals, Shopify or any third party. Unauthorised use of the Services may violate applicable intellectual property law and these Terms. All rights not expressly granted are reserved by Biotane Naturals.

Biotane Naturals's names, logos, product and service names, designs and slogans are trademarks of Biotane Naturals or its affiliates or licensors, and must not be used without our prior written permission. Shopify's name, logo, and product and service names, designs and slogans are trademarks of Shopify. All other names, logos, and marks appearing on the Services are the trademarks of their respective owners.

7. Optional Tools

You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available," without any warranties, representations or endorsement of any kind, and we have no liability arising from your use of them. Use of any optional third-party tool is entirely at your own risk, and you should review and understand the relevant third party's own terms before using it. Any new features we introduce in future are also part of the Services and subject to these Terms.

8. Third-Party Links

The Services may contain links to websites operated by third parties, including embedded third-party functionality. We do not examine or evaluate the content or accuracy of any third-party site, and if you choose to access one, you do so at your own risk. We are not liable for any harm relating to your access to, or your purchase or use of any product or service on, a third-party website. Please review the relevant third party's own policies before engaging in any transaction; complaints regarding third-party products or services should be directed to that third party.

9. Relationship with Shopify

Biotane Naturals is powered by Shopify, which enables us to provide the Services to you. Any sales or purchases you make on the Platform are made directly with Biotane Naturals. Shopify is not responsible for any aspect of sales between you and Biotane Naturals, including any injury, damage or loss resulting from purchased products or services, and you release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Biotane Naturals.

10. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services in order to provide and improve them, and information you submit may be shared with Shopify and its service providers, including those located outside India, to provide the Services. By using the Services, you acknowledge that you have read our Privacy Policy.

11. Feedback

If you submit any ideas, suggestions, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use, in operating, providing, evaluating, improving and promoting the Services. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it, and we may (but need not) monitor, edit or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable, or that violates a third party's rights or these Terms.

You represent and warrant that you own or hold all rights necessary to your Feedback, that you have disclosed any compensation received in connection with it, and that it will not violate any third party's rights or contain unlawful, abusive, obscene or malicious content, and that you will not misrepresent your identity in submitting it. You are solely responsible for your Feedback and its accuracy; we take no responsibility and assume no liability for Feedback posted by you or any third party.

12. Errors, Inaccuracies and Omissions

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any such errors, and to change, update or cancel orders based on inaccurate information, at any time and without prior notice, including after you have submitted an order.

13. Prohibited Uses

You may access and use the Services for lawful purposes only, and agree not to use them: for any unlawful or malicious purpose; to violate any applicable law, rule or regulation; to infringe our or any third party's intellectual property rights; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send unsolicited advertising, "junk mail," or spam; to impersonate any person or entity; or to engage in conduct that restricts or inhibits others' use or enjoyment of the Services, or that may expose Biotane Naturals, Shopify, or other users to harm or liability.

You also agree not to: upload viruses or other malicious code; reproduce, duplicate, sell, resell or exploit any part of the Services without authorisation; collect or track others' personal information without consent; spam, phish, pharm, pretext, spider, crawl or scrape the Platform; or interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated these Terms.

14. Termination

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and without notice; you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy — continue to apply.

15. Disclaimer of Warranties

Information on the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of such information, and any reliance you place on it is strictly at your own risk. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of any information or materials offered on the Platform for any specific purpose, and we disclaim liability for any inaccuracies or errors to the fullest extent permitted by law.

The Services and all products offered through them are provided "as is" and "as available," without any representation, warranty or condition of any kind, whether express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Your use of the Services is entirely at your own risk and discretion, and you are responsible for independently assessing whether they meet your requirements.

16. Limitation of Liability; Force Majeure

To the fullest extent permitted by law, Biotane Naturals, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind — including lost profits, lost revenue, lost savings, loss of data or replacement costs — whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any product procured through them, including any errors or omissions in content, or any loss or damage incurred as a result of content made available via the Services, even if advised of the possibility of such damages.

Neither party shall be liable for any failure to perform an obligation under these Terms where such performance is prevented or delayed by a force majeure event beyond that party's reasonable control.

17. Indemnification

You agree to indemnify, defend and hold harmless Biotane Naturals, Shopify, and our respective affiliates, group companies, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claim, demand, loss, damage or liability — including reasonable attorneys' fees — arising out of or relating to: (a) your breach of these Terms or documents incorporated by reference; (b) your violation of any law, rule or regulation, or the rights of a third party (including intellectual property rights); or (c) your access to or use of the Services.

We will notify you of any indemnifiable claim; a delay in doing so will not relieve your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring a non-monetary obligation from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defence of any indemnified claim, including by providing relevant documents.

18. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity or enforceability of the remaining provisions.

19. Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with any policies or operating rules we post on the Platform, constitute the entire agreement between you and us regarding the Services, superseding any prior or contemporaneous agreements, communications or proposals — whether oral or written — including earlier versions of these Terms. Ambiguities in these Terms shall not be construed against the drafting party.

20. Assignment

You may not delegate, transfer or assign this agreement, or any of your rights or obligations under it, without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations under them without your consent or notice to you.

21. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including their existence, validity or enforceability), shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Panvel, Maharashtra.

22. Headings

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

23. Changes to These Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting the revised Terms on the Platform. It is your responsibility to check the Platform periodically for changes; we will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes are posted constitutes your acceptance of those changes.

24. Contact Information

Questions about these Terms should be directed to us at:

Trade name: Biotane Naturals
Legal Name: Biotane Naturals LLP
GST Number: 27ABAFB1330R1ZF
Email: Customercare@biotanenaturals.com
Registered Office: B-203, Silver Springs, Taloja, MIDC, Navi Mumbai – 410208, Maharashtra, India