Terms and Conditions
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The terms "We" / "Us" / "Seller" / "Our"/ ”Company” individually and collectively refer to Themed Garden and the terms "Visitor” / ”User” / "you" refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site.
The use of this website, its services and tools are all governed by the below-mentioned terms and conditions. If a user makes any transaction through this website, the user shall undergo policies that are applicable to the website. If the user transacts with this website means the user is contracting with themedgarden.com and user shall follow the duties with this company.
USE OF CONTENT
All labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties of “Themed Garden” which are featured in this Website.
The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
If you placed an order and plant is not available in stock then we can hold your order till the plant is available on stock or you may change your choice like you can change the earlier product with another same price product or you can wait till this product in stock.
If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.
You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason
(including, without limitation, for violation of these Terms of Service).
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of themedgarden.com or their breach of the terms (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Themed Garden When Themed Garden is threatened with suit or sued by a third party, Themed Garden may seek written assurances from you concerning your promise to indemnify Themed Garden; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. Themed Garden will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Themed Garden choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive Themed Garden prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
LIMITATION OF LIABILITY
Our shipments are carefully inspected before the items leave our warehouse, but if you are not satisfied with your purchase, please follow the instructions below:
The seller (themedgarden.com) will not be responsible for any damage, the direct loss suffered by the buyer due to any negligence, breach of contract or excessive pricing of the goods.
The seller is not responsible for any economic loss, loss of profit or any indirect third party loss suffered by the buyer caused due to any reason such as negligence, failure to meet any estimated delivery date, misrepresentation or breach of contract.
All offers for goods purchased by buyers shall be treated as offers listed under the clauses given in Terms & Conditions (T&C). The seller may choose not to accept or cancel a particular order without giving any particular reason.
Placing an order on themedgarden.com will be treated as a piece of evidence for acceptance of T&C on ugaoo.com
Themed Garden entire liability, and your exclusive remedy, in law, inequity, or otherwise with respect to the website content and product and/or for any breach of this agreement is solely limited to the amount user paid, less shipping and handling, for products purchased via themedgarden.com website.
If the products are delayed or failed for any reason from the events or circumstances which are outside its reasonable control, neither of the parties will be held responsible for it (controls shall also include strikes, act of god, lockouts, accidents, breakdown of plant/machinery/shortage/unavailability of raw materials from a natural source of supply, and war). In such a case, the party is entitled to the extension of delivery.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Governing Law: This Website originates from the PUNE, MAHARASHTRA. This Agreement will be governed by the laws of the State of MAHARASHTRA without regard to its conflict of law principles to the contrary. Neither you nor Themed Garden will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Pune. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Termination. Themed Garden reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Themed Garden chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Themed Garden makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.