1. Overview

This website is owned and operated by Sacred Herbs (the registered company of “The Unplugged”), duly incorporated under and governed by the Companies Act, 2013, and having its registered office in Gurugram, haryana, India & Ghaziabad, Uttar Pradesh, India.

This Agreement sets forth the general terms and conditions of your use of the https://www.the-unplugged.com as well as the products and/or services purchased or accessed through this Site (the “Services”). Whether you are simply browsing or using this Site for purchase, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, use our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

2. Eligibility

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are

• at least eighteen (18) years of age,
• otherwise recognized as being able to form legally binding contracts under applicable law, and
• are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. Rules Of User Conduct

By using this Site You acknowledge and agree that:

• Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

You will not use this Site in a manner that:

• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in terrorism, violence against people, animals, or property;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

• copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
• modify or alter any part of this Site or any of its related technologies,
• access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.

4. Intellectual property

In addition to the general rules above, the provisions in this section apply specifically to your use of Companies Content posted to the Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Companies Content”), are owned by or licensed to Sacred Herbs in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Companies Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement.

5. Accuracy

We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.

6. Company’s use of user content

The provisions in this Section apply specifically to Companies use of User Content posted to the Site.
You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions, you acknowledge and agree that:

• Your User Submissions are entirely voluntary.
• Your User Submissions do not establish a confidential relationship or obligate The Company to treat your User Submissions as confidential or secret.
• The Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or to anyone else.

With Respect to User Content, by posting or publishing User Content to this Site, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable the inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.

You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any Companies Content or User Content) or enforce limitations on the use of this Site, the Companies Content or the User Content therein.

You hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.

The Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Company may remove any item of User Content if it violating this Agreement, at any time and without prior notice.

7. User account

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

• immediately notify Sacred Herbs of any unauthorized use of your password or account or any other breach of security, and
• ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

8. Financial details

You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. The Company will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

9. Links to third-party websites

This Site may contain links to third-party websites that are not owned or controlled by Sacred Herbs. In addition, The Company does not censor or edit the content of any third-party websites. By using this Site you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, The Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

10. Refusal of service

The Company reserves the right, in our sole discretion, to suspend or cancel the service at any time. We also reserve the right, in our sole discretion, to limit the number of items purchased per person, per household or per order.

11. Disclaimer of representations and warranties

You specifically acknowledge and agree that your use of this site shall be at your own risk and that this site is provided “as is”, “as available” and “with all faults”. The Company, its officers, directors, employees, agents, disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

The Company, its officers, directors, employees, and agents make no representations or warranties about:

• the accuracy, completeness, or content of this site,
• the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or
• the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and The Company assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by The Company, its officers, directors, employees, or agents, and third-party service providers will :

• constitute legal or financial advice or
• create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

12. Limitation of liability

In no event shall Company, its officers, directors, employees, agents, and all third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any damages that may result from

• the accuracy, completeness, or content of this site,
• the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• personal injury or property damage of any nature whatsoever,
• third-party conduct of any nature whatsoever,
• any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
• any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not a company is advised of the possibility of such damages.
• Please do not rely upon the information provided on this website as “medical advice”. This website is not a substitute for a doctor or medical consultancy of any sort.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

13. Indemnity

You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from

• your use of and access to this Site;
• your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
• your violation of any third-party right, including without limitation any intellectual property or other proprietary rights.

The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. Data transfer

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

15. Discontinued services

The company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although The Company makes a great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by The Company. In such cases, The Company will do its best to either offer a comparable Service for you to migrate to or a refund. The Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

16. Fees and payments

You acknowledge and agree that your payment will be charged and processed by Sacred Herbs. You agree to pay any and all prices & fees due for Services purchased or obtained at this Site at the time you order the Services.

The Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.

Refund Policy: for products and services eligible for a refund, you may request a refund under the terms and conditions of our Refund Policy which can be accessed here.

17. No third-party beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. Compliance with local laws

The Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.

19. Governing law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India, to the exclusion of conflict of law rules.

20. Dispute resolution

Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Haryana (India), and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

21. Titles and headings

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.