Terms & Conditions

Terms and Conditions:

Essence Retail Venture [“ERV”] is the licensed owner of the brand ‘Kusha Spices & Blends’ and the website www.kusha spices.com. As a visitor/customer to the site you are advised to please read the terms and conditions carefully. By accessing the services provided by the site you agree to the terms and conditions provided in this terms & conditions document.

Content Acceptability:

You understand that by using this site or any services provided on the site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the site and any service at your sole risk and to the fullest extent permitted under applicable law, ERV and/or its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you. If you find the content objectionable, you may please leave the site.

Personal Information:

As part of the registration process on the site, ERV may collect the following personally identifiable information about you: Name including first and last name, email address, alternate email address/es, mobile phone number/s and contact details, postal code, demographic profile [such as your age, gender, occupation, education, etc.] and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. You agree to the same with demur.

Eligibility:

Services of the site would be available to only select geographies. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the site only under the supervision of a parent or a legal guardian who agrees to be bound by these terms of use. If your age is below 18 years, your parents or legal guardians can transact on behalf of you but only if they are registered users. In such a case you are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited by law.

License & Site access:

ERV grants you a limited sub-license to access and make personal use of this site and not to download [other than page caching] or modify it, or any portion of it, except with express written consent of ERV. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ERV. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information [including images, text, page layout, or form] of the site or of ERV and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the site’s or ERV’s name or trademarks without the express written consent of ERV. Any unauthorized use terminates the permission or license granted by ERV.

Account & Registration Obligations:

All shoppers have to register and login for placing orders on the site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, you agree to receive promotional communication and newsletters upon registration. You can opt out by contacting the customer service on contact@kushaspces.com to delete your account. 

Pricing:

All the products listed on the site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis, but some of them could change. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. The price at which you buy will be the final applicable price for the sale.

Cancellation by Site/Customer:

Orders once placed can be cancelled by sending us an email on contact@kushaspices.com within 30 mins of placing them. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion, can cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them subsequently.

Return & Refunds:

We have a “no questions asked return and refund policy” which entitles all our members to return the product if due to some reason they are not satisfied with the quality or freshness of the product, provided the pouches have not been opened and the seal is intact. The customer will have to send such orders back to us at the address Kusha Spices, C/o Abhay Bengeri, Suite A1801, Evershine Crown, Thakur Village, Kandivali East, Mumbai – 400101 at their own cost. Please also add a note along with briefly mentioning the reason for the rejection. This will help us to serve you better in future. We will take the returned product back and issue a credit note for the value of the returned products. This can be used to pay your subsequent shopping bills.

You Agree and Confirm:

• That in the event of a non-delivery on account of a mistake by you [i.e. wrong name or address or any other wrong information] any extra cost incurred by ERV for re-delivery shall be claimed from you.
• That you will use the services provided by the site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the site.
• You will provide authentic and true information in all instances where such information is requested of you. ERV reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true [wholly or partly], ERV has the right in its sole discretion to reject the registration and debar you from using the services and/or other affiliated websites without prior intimation whatsoever.
• You authorize ERV to contact you for any transactional purposes related to your order/account.
• That you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site.
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.

 

You may not use the Site for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the site.
• Breaching any applicable laws.
• Interfering or disrupting networks or web sites connected to the site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colours:

We have made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Thus, pictures shown are for representative purposes only.

Modification of Terms & Conditions of Service:

ERV may at any time modify the Terms and Conditions of use of the website without any prior notification to you. You can access the latest version of these Terms and Conditions at any given time on the site. You should regularly review the Terms and Conditions on the site. In the event the modified Terms and Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of use of this site.

Governing Law and Jurisdiction:

This user agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this user agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by ERV and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions:

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the site on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site [collectively, the “comments”] shall be, and remain the property of ERV. Such disclosure, submission or offer of any comments shall constitute an assignment to ERV of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, ERV owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. ERV will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without any compensation to you in any way. ERV is and shall be under no obligation [1] to maintain any comments in confidence; [2] to pay you any compensation for any comments; or [3] to respond to any comments. You agree that any comments submitted by you to the site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. Please note all reviews submitted by you are subject to checks and moderation by our content team. ERV reserves the rights to moderate as well as publish/not publish the reviews. ERV reserves the rights to solicit or withhold reviews and ratings with no liability. ERV reserves the right to accept, reject, moderate, monitor and edit or remove any comment. You grant ERV the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make, and you agree to indemnify ERV and its affiliates for all claims resulting from any comments you submit. ERV and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.

Copyright & Trademark:

ERV, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this site. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of ERV or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to ERV. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of ERV. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product/s and service names, design marks and slogans are the trademarks or service marks of ERV, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this site. Access to this site does not authorize anyone to use any name, logo or mark in any manner. References on this site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply ERV’s endorsement, sponsorship or recommendation of the third party, information, product or service. ERV is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to visit the links to any such third-party websites, you are doing so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website [collectively, the “contents”] are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce [except as noted above], publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the website or any related software. All software used on this website is the property of ERV or its licensees and suppliers and protected by Indian and international copyright laws. The contents and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this website is strictly prohibited. Unless otherwise noted, all contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ERV, one of its affiliates or by third parties who have licensed their materials to ERV and are protected by Indian and international copyright laws. The compilation [meaning the collection, arrangement, and assembly] of all contents on this website is the exclusive property of ERV and is also protected by Indian and international copyright laws.

Termination:

This user agreement is effective unless and until terminated by either you or ERV. You may terminate this user agreement at any time, provided that you discontinue any further use of this site. ERV may terminate this user agreement at any time and may do so immediately without notice, and accordingly deny you access to the site. Such termination will be without any liability to ERV. Upon any termination of the user agreement by either you or ERV, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the user agreement or otherwise. ERV’s right to any comments shall survive any termination of this user agreement. Any such termination of the user agreement shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the user agreement.

Privacy Policy

Personal Information

Essence Retail Venture [ERV] is the licensed owner of the brand Kusha Spices & Blends and the website www.kushaspices.com. ERV respects your privacy. This Privacy Policy provides concise details about how your data is collected and used by ERV on the site. As a visitor to the site/customer, you are advised to please read the Privacy Policy carefully. By accessing the services provided by the site you agree to the collection and use of your data by ERV in the manner provided in this privacy policy.

Information Collected

As part of the registration process on the site, ERV may collect the following personally identifiable information about you: Name including first and last name, email address/es, mobile phone number/s and contact details, postal code, demographic profile [such as your age, gender, occupation, education, address etc.] and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information etc.

Process of Information Collection

ERV will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey or any combination thereof. The site may contain links to other websites. ERV is not responsible for the privacy practices of such websites which it does not own, manage or control. The site and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to the site.

Use of Information Collected

ERV will use your personal information to provide personalized features to you on the site and to provide for promotional offers to you through the site and other channels. ERV will also provide this information to its business associates and partners to get in touch with you when necessary to provide the services requested by you. ERV will use this information to preserve transaction history as governed by existing law/s or policy/ies. ERV may also use the contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest etc.; and to send you promotional materials from its contest sponsors or advertisers. ERV will also use this information to serve various promotional and advertising materials to you via display advertisements through the Google Ad network on third party websites. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager. Information about customers on an aggregate [excluding any information that may identify you specifically] covering customer transaction data and customer demographic and location data may be provided to partners of ERV for the purpose of creating additional features on the website, creating appropriate merchandising or creating new products and services and conducting marketing research and statistical analysis of customer behaviour and transactions.

Information Sharing

ERV will not use your financial information for any purpose other than to complete a transaction with you. ERV does not rent, sell or share your personal information and will not disclose any of your personally identifiable information to third parties. In cases where it has your permission to provide products or services, you’ve requested and such information is necessary to provide these products or services with the information may be shared with ERV’s business associates and partners. ERV may, however, share consumer information on an aggregate with its partners or third parties where it deems necessary. In addition, ERV may use this information for promotional offers, to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the site’s terms of use or to defend against legal claims; special circumstances such as compliance with subpoenas, court orders, requests/orders from legal authorities or law enforcement agencies requiring such disclosure.

Information Protection

To protect against the loss, misuse, unauthorized access, damage and alteration of the information under its control, ERV has in place appropriate and reasonable security measures and safeguards, in compliance with applicable laws. For example, ERV servers are accessible only to authorized personnel and your information is shared with the authorized personnel on a need-to-know basis to complete the transaction and to provide the services requested by you. Although ERV will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, you agree that ERV will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. By using this site or providing information, you agree [1] that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the site; and [2] that we can take adequate physical, managerial, and technical safeguards to preserve the integrity and security of your data till the time you use the site or the services provided by the site [directly or indirectly].

Information Accuracy

To correct or update any information you have provided, the site allows you to do it online. In the event of loss of access details, you can send an email to contact@kushaspices.com   

Policy Updates

ERV reserves the right to change or update this policy at any time. Such changes shall be effective immediately upon posting to the site.

Contact Information

Kusha Spices, Essence Retail Venture

Suite A-1801, Evershine Crown

Thakur Village

Kandivali East

Mumbai-400101.