Terms and Condition
Greetings and welcome to the Sagespore, accessible at www.sagespore.com, also known as the "Platform. " The Platform is owned and operated by Sagespore (“Company”). The Company's registered office is located at Industrial Area Mohali, Punjab 160062 India.
The Terms of Use, Privacy Policy, Shipping Policy, and Replacement, Returns, and Cancellation Policy, collectively known as the Policies, apply to all individuals accessing or using the Platform and/or any Services provided. These Policies are subject to occasional modifications and updates. The Terms of Use apply to all Products provided on the Platform. Please be advised that we may update and modify the Terms of Use by posting the updates and changes on the Platform, with no formal obligation to notify you. It is recommended that you regularly review the Terms of Use for any updates or changes that could affect you.
If you have any questions regarding the Terms of Use or wish to share any feedback or concerns about the Platform, kindly reach out to us via email at dkjendeavours@gmail.com.
GENERAL
Simply by accessing or using the Platform, you agree to be bound by these Terms of Use and Policies, regardless of whether you have read them or not. By accessing, browsing, or using the Platform (whether through a computer or a mobile phone device), you are indicating your complete agreement with all the terms and conditions outlined in these Terms of Use. Therefore, it is strongly advised to carefully read through these terms before continuing.
The term 'User' or 'You' refers to any individual or entity, including legal heirs, administrators, or successors, who has agreed to use the Platform by accessing or utilizing it. Should you choose to accept these Terms of Use and utilize the Platform on behalf of a company, organization, government, or any other legal entity, you confirm and assure that you have the necessary authorization to act on their behalf.
In a more polished tone, the term "Sagespore", as well as "We", "us", "our", or "Company", refers to Sagespore, including its subsidiaries, licensees, affiliates, directors, officers, and employees.
If you do not agree or are not willing to be bound by the Terms of Use, please do not seek to use the Platform or any information or Services.
You agree to use the Platform only:
(a)for purposes that are permitted by the Terms of Use; and
(b)in accordance with any applicable law, regulation or generally accepted practices or guidelines.
SERVICES
In accordance with our Terms of Use, you are now being granted a restricted, non-transferable, royalty-free license to utilize the Platform for accessing our services, which are collectively known as the "Services. "
The Services encompass the provision of (though not confined to) the following:
(a) A selection of items offered for purchase on the Platform, referred to as "Product/Products," is available.
(b) Interface available for the purchase of the products.
(c) Provide a user-friendly interface for addressing any concerns or queries that the user may have.
We reserve the right to modify the Services at any time at our sole discretion.
ELIGIBILITY
To gain access to the Platform or utilize any of the services provided on the Platform:
(a) You must be of 18 (eighteen) years of age or older and in case you are a minor, we assume that you are accessing Platform under supervision of lawful guardian; and
(b) You must not be a person barred from receiving the Services under the applicable laws and are competent to enter into a binding contract.
We maintain the right to deny Platform access to new Users. Any User who has been suspended or removed by us will not be eligible to use the Services.
REGISTRATION
You have the option to access the Platform without having to register. To access different Services, you must first create an account by providing the necessary information. We reserve the right to decline your Account application or terminate an existing Account at our discretion.
You are accountable for all activities and content, including photos, images, videos, graphics, written material, audio files, code, information, or data that is uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in relation to your Account (referred to as "User Content").
You are hereby required to confirm and assure that you possess all essential rights pertaining to the information you submit, and that said information does not violate any proprietary, intellectual property, or other rights of third parties, nor does it include any defamatory, tortious, or otherwise unlawful content.
Violation of any term in the Terms of Use, as determined at our sole discretion, may lead to immediate suspension or termination of Services accessible to your Account.
You are required to uphold the confidentiality of the information pertaining to your Account and assume responsibility for all activities carried out under your Account. You are required to ensure the security and confidentiality of your login credentials at all times. You also commit to expeditiously modify your login details and promptly notify us should any actual or suspected unauthorized access to your Account occur.
We are unable to assume responsibility and will not be held liable for any loss or damage that may result from your non-compliance with the provisions outlined in this section. You could be responsible for any losses suffered by us, as well as any other user or visitor to the Platform, stemming from the authorized or unauthorized utilization of your Account due to your negligence in maintaining the security and confidentiality of your Account information.
PRICING INFORMATION
We will make every effort to offer precise product and pricing details, however, inadvertent typographical errors may arise. In the event that a Product is inaccurately priced or contains incorrect information due to pricing or product information errors, we reserve the authority to reject or annul orders at any point before delivery, at our sole discretion. Should an item be mis-priced, we reserve the right to either contact you for further instructions or proceed with the cancellation of your order, in which case you would be duly informed of such action. Your offer will not be considered accepted until the Product ordered by you has been dispatched. We reserve the right to adjust the price of the Product and communicate with you for additional guidance through the email address furnished during registration, or to cancel the order and inform you accordingly. Should your order be approved, it will be charged to your credit card/debit card account. Subsequently, you will receive an email notification confirming the completion of the payment process. Payment may be processed before the Product you ordered is dispatched. If the need arises to cancel the order subsequent to payment processing, the equivalent sum will be refunded to the credit card/debit card account in question.
USER INFORMATION
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing any information that: (a) belongs to another individual without authorization, (b) is deemed obscene, pornographic, pedophilic, infringing on another's privacy, insulting or harassing based on gender, racially or ethnically offensive, connected to money laundering or gambling, stoking enmity between groups on religious or caste grounds with the aim of provoking violence, (c) is harmful to minors, (d) misleads the recipient regarding the source of the communication or shares knowingly false, misleading, or deceptive information, (e) assumes the identity of someone else, or (f) poses a threat to the unity, integrity, defense, security or sovereignty of India, international relations, public order, encourages the commission of a punishable offense, obstructs the investigation of an offense, or shows disrespect towards another nation.
Should you furnish any information that is found to be false, inaccurate, deceptive, outdated, or incomplete, or if there are reasonable grounds to suspect that the information provided is false, inaccurate, misleading, outdated, or incomplete, or does not comply with the Terms of Use, we retain the authority to potentially suspend, terminate, or restrict your access to the Platform in any way deemed necessary.
If any other user or individual were to act upon false, inaccurate, outdated, or incomplete information provided or verified by you, the company and its personnel will not be held accountable for any damages or losses, whether direct or indirect, immediate or consequential, including any interests or claims arising from said information to you or any third party. You are hereby in agreement to indemnify and absolve the Company, as well as its personnel, in accordance with the indemnity clause outlined in these Terms of Use.
USE OF THE PLATFORM
You acknowledge that you are not permitted to copy, distribute, modify, or exploit any part of the information, content, or services obtained through the Platform. However, limited downloading for personal, internal, and non-commercial purposes is allowed.
You acknowledge that you will refrain from utilizing the Platform in a way that could cause harm, disable, impair, or negatively impact its functionality, and that may disrupt another User's experience, legal rights, or enjoyment of the Platform. Moreover, you consent to refrain from deleting any text, copyright, or other proprietary notices found in the content obtained from the Platform.
You understand and accept that apart from the Services offered directly by the Company, the Company does not oversee or support any third-party information, products, or services in any form, even if they are showcased on the Platform.
Please inform the Company if there are any significant changes in your situation or profile, as the Company will depend on the most recent information you have provided.
We retain the authority to eliminate, erase, or modify any reviews, comments, posts, or other content you publish on the Platform if we determine it to be illegal, obscene, abusive, defamatory, threatening, infringing on intellectual property rights, or in violation of these Terms of Service.
Further, you undertake not to:
a. Engaging in actions that harm, mistreat, intimidate, or unlawfully infringe upon the rights of others.
b. You must obtain the required authorization from the Company before copying, republishing, posting, displaying, translating, transmitting, reproducing, or distributing any content on the Platform through any medium.
c. Upload or share files containing software or other material protected by intellectual property laws only if you own the rights to them or have obtained all required consents.
d. Do not upload or share files that may contain software viruses, corrupted files, or any other harmful computer code designed to disrupt, damage, or limit the functionality of the Platform or another computer.
e. Participating in any action that hinders or interrupts access to the Platform (or its associated servers and networks).
f. Do not try to access any part of the Platform, other connected systems or networks, the Company's servers, or the Platform itself without authorization, using hacking, password mining, or any other unauthorized methods.
g. You are kindly requested not to probe, scan, or test the vulnerability of the Platform or any network linked to it, and to refrain from breaching the security or authentication protocols in place on the Platform or any connected networks. You agree not to attempt to discover the identity of any other User or visitor on the Platform, trace back their information to its origin, or misuse any information on the Platform for any purpose, including uncovering personal details other than your own shared on the Platform.
h. Interfere with the security of the Platform, systems resources, accounts, passwords, servers, or networks connected to the Platform or any affiliated sites, resulting in potential harm.
i. Gathering or retaining information about other Users in relation to the prohibited behaviors and activities.
j. Do not use the Platform or any material or content for any illegal purposes that violate the Terms of Use, or to request illegal activities or activities that violate the rights of the Company or other third parties.
k. Do not breach any current laws or regulations in effect within or outside of India, or infringe upon anyone's right to privacy or personality.
l. If the Terms of Use, whether found here or elsewhere, are breached.
PLACEMENT OF ORDER
You have the option to order any of the items available on the Platform. The acceptance of your order depends on receiving payment and the availability of stock. We retain the authority to either approve or deny your order, either partially or in its entirety. Upon receipt of the payment, an order number is automatically generated and displayed as a message upon completion of the payment process (or upon order submission in the case of Cash On Delivery). This will also be sent to the email address you provided when placing the order.
PAYMENT AND PAYMENT GATEWAY
You have the option to utilize different amenities such as credit card payment via payment gateways, EMI offers from specific banks, and net banking accessible on the Platform for your payment needs. You also have the option to utilize e-Gift cards and any available reward points to complete your payment. You acknowledge that the credit card you are using belongs to you lawfully and you promise not to use fraudulent credit card details to make payment for the Products listed on the Platform.
We take adequate precautions to safeguard your information and will only disclose it to third parties if necessary for fraud checks or as mandated by law, regulations, or court orders. We will not take responsibility for any instances of credit card fraud.
We collaborate with payment partners to provide payment gateway services. Our payment partner(s) will be handling all online transactions. Once the transaction is successful, the payment partner will handle the collection and transfer of funds to us. Upon receipt of the payment, we will begin processing your order.
CASH ON DELIVERY
Cash on Delivery (COD) may be available as a payment option for certain Products, not necessarily for all Products, when introduced. Orders placed with COD terms are accepted and processed in the expectation of receiving payment in cash at the time of delivery, allowing the delivery process to commence smoothly in good faith. Unfortunately, the COD payment option is not accessible for orders placed beyond the borders of India.
ORDER FULFILMENT
Once payment is received, we will begin processing your order for all non-COD orders. In case of any concerns like an incomplete address, discrepancies in payment amount compared to the order value, unavailability of stock for some or all of the Products ordered, or any other issues that might cause a delay in delivery, these orders will be promptly directed to our dedicated customer care team. Rest assured, our customer care team will reach out to you either through a call or email to provide you with the details of the situation. The order will be processed only after the issues have been resolved.
REPLACEMENT, RETURNS AND CANCELLATION POLICY
Please refer to our Replacement, Returns and Cancellation Policy provided on our Platform.
SHIPPING AND DELIVERY
Please refer to our Shipping Policy provided on our Platform.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Company and its third-party partners declare that all warranties or guarantees, whether statutory, express, or implied, are disclaimed to the fullest extent permissible by law. This includes implied warranties of merchantability, fitness for a specific purpose, and non-infringement of proprietary rights, as well as protection from computer viruses or other harmful code. We cannot guarantee the accuracy, completeness, or utility of any information provided by us, the smooth operation, error-free, secure, or safe nature of our services, or the seamless functioning of our services without interruptions, delays, or imperfections. We are not in control of, nor are we responsible for, regulating the ways or timing in which our users utilize the services offered by us, as well as the various features, services, and interfaces that our platform provides. We do not hold responsibility for monitoring the actions or information, including content, of our Users or other third-parties.
Any advice or information provided through the Platform, whether relating to any Product or otherwise, whether oral or written, shall not establish any warranty or guarantee beyond what is expressly stated herein. The information provided on this Platform should not be interpreted as advice of any sort, it is advisable to conduct your own analysis before purchasing any Products.
In this Disclaimer, it is important to note that the term "Company" encompasses Company’s officers, directors, employees, affiliates, and subsidiaries. You willingly acknowledge that utilizing the Services entails placing trust in your own discretion.
The Platform endeavors to deliver information, materials, and content like images, text, designs, and more, to you in the best possible manner. However, all these elements are provided on an "AS IS" basis without any guarantees, except as specifically outlined in writing.
You agree that using the Services is solely your responsibility. The Services, along with any data, information, third party software, reference sites, services, or software accessible through the Services, are offered as they are, with all faults, and without any warranties or representations, whether express or implied. We do not grant permission for anyone to provide warranty on our behalf, so it is advised not to depend on such statements.
The Company will not be held liable for any indirect, incidental, special, consequential, or exemplary damages to the maximum extent allowed under the law. These damages may include but are not limited to loss of profits, goodwill, use, data, or other intangible losses related to the Platform, its Services, Products, or these Terms of Use. This holds true even if the possibility of such damages has been brought to our attention. Despite any conflicting terms in these Terms of Use, our total liability to you for all liabilities that arise from these Terms of Use, whether in tort or contract, is limited to the total amount charged to you for the products you have ordered.
INDEMNITY
You are required to provide complete indemnification and protection to the Company, its officers, directors, agents, employees, and affiliated companies against any costs, losses, claims, demands, damages, liabilities, legal actions (including reasonable attorney fees), penalties, or any other expenses incurred due to or arising from actions by third parties:
(a) Should you violate these Terms of Use.
(b) Infringement of any relevant laws or the rights of third parties, including intellectual property rights, privacy rights, publicity rights, or any other rights.
(c) The prohibition includes any inappropriate or offensive content, such as obscene or indecent postings, as well as online defamation.
(d) Service disruption experienced by other subscribers.
This provision will remain in effect even after the Terms of Use have expired or been terminated.
PRODUCT DISCLAIMER
The items available on the Platform are sourced directly from a variety of trusted brands and sellers. We do not have any influence over the design, testing, manufacturing, packaging, or labeling of any product. As a result, we will not be held responsible for any manufacturing and/or quality defects, labeling claims, or adverse reactions resulting from the proper or improper use of any products.
We strive to ensure that the product information on the Platform is accurate and that the colors are represented as precisely as we can. Nonetheless, the Company cannot guarantee the accuracy, completeness, reliability, currency, or error-free nature of product descriptions, photographs, colors, or other content on the Platform, and takes no responsibility for any inaccuracies. Product color may appear slightly different due to varying photographic lighting sources or device screen settings (mobile/desktop). The product images serve as a general representation and might not accurately reflect the physical product. We retain the authority to rectify, adjust, and amend information, errors, inaccuracies, or omissions whenever necessary, even after an order has been placed, without prior notification. Kindly be aware that discrepancies or oversights, including those concerning pricing and product/service availability, may also occur. The products, services, or samples you receive from us are not intended to be sold or resold for commercial purposes.
INTELLECTUAL PROPERTY RIGHTS
We respect the intellectual property rights ("IPR") of others and expect you to do the same. We may, in appropriate circumstances and at our discretion, discontinue service and/or access to this Platform for Users who violate the intellectual property rights of others. Access to this Platform is not and will not be construed as granting anyone a license to any of our or any third party's intellectual property rights.
You grant the Company non-exclusive, global, permanent, irrevocable, royalty-free, sub-licensable (through multiple tiers) rights to use the intellectual property in User Content.
This Platform's Content and Software may only be used for shopping purposes. The Content on this Platform may not be used for any other purpose, including reproduction, modification, distribution, transmission, republication, display, or performance.
You acknowledge that the Company owns all copyrights, trademarks, domain names, logos, trade dress, trade secrets, patents, and other intellectual property rights relating to our products and services. You shall not, directly or indirectly, attack or assist another in attacking the validity of, or Company's or its Affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any Products/Services. If you become aware or obtain knowledge of any infringement of IPR, you must report it at info@sagespore.com with relevant information.
LINKS TO THIRD PARTY PLATFORMS
We are not liable for any of the third-party Platforms (or the products, services, or content offered via them).
We do not support or provide any opinions on third-party Platforms, the information, software, products, services, or materials available on them, or the outcomes that may result from their use.
Should you choose to visit any third-party Platforms linked from this Platform, please be aware that you are doing so at your own risk. You will be subject to the privacy policies and terms and conditions of those third-party Platforms. It is important to note that these Terms do not apply to your use of any third-party Platforms.
HEALTH RELATED INFROMATION
Our aim is to offer users general information on health and wellness through our Platform. The purpose of this Platform and the information shared here, which includes insights offered by nutrition or healthcare professionals affiliated with us, is not meant for diagnosing conditions, providing treatment, or offering medical guidance. It is advisable to always seek guidance from your healthcare provider and review the details given by the product manufacturer as well as any labels or packaging before taking any medication, nutritional supplement, or herbal remedy, or before commencing a new diet regimen or undergoing treatment for a health concern. Each person is unique and may respond in various ways to different products. Should you choose to rely on any information provided by Sagespore or its representatives/employees, please be aware that you are doing so at your own risk.
The Company bears no obligation for any harm or injury that may result from the use of recommendations provided on our Platform.
FORCE MAJEURE
We won't be held responsible for any loss you experience as a result of our inability or delay in fulfilling our obligations under the Terms of Use if such circumstances were beyond our control.
A "Force Majeure Event" refers to any event caused by factors beyond the Company's reasonable control. This includes circumstances such as the unavailability of communication systems, sabotage, natural disasters like fires, floods, earthquakes, or explosions, as well as pandemics, acts of God, unrest, strikes, transportation disruptions, riots, government actions or restrictions, platform breakdowns or hacking which make it impossible to fulfill the obligations under the Agreement, or any other unforeseen circumstances preventing the Company from fulfilling its obligations in a timely manner.
TERMINATION
You may terminate the Terms of Use at any time by closing of your account on the Platform.
We reserve the right to end these Terms of Use at any time and may do so suddenly, thus preventing your access to the Platform. The termination will occur without imposing any liability on the Company.
The rights and obligations of the Parties under these Terms of Use that continue after the termination of these Terms, such as the sections regarding Disclaimers and Limitation of Liability, Indemnity, Intellectual Property Rights, Privacy and Confidentiality, Termination, and Governing Law and Dispute Resolution, will persist even after these Terms end.
Unless otherwise stated herein, ending these Terms of use for any reason will not affect any rights or obligations that the parties had before the termination date.
Once the termination occurs, kindly proceed to promptly erase any duplicates you have made of the content on the Platform, excluding User Content. You acknowledge that the Company shall not be held liable to you or any third party claiming through you for any suspension or termination of access to the Platform.
Further, any termination of these Terms of Use shall not cancel your obligation to pay for the product ordered from the Platform.
GOVERNING LAW AND JURISDICTION
Any dispute or difference arising relating to these Terms of Service or Policies (“Dispute”) shall be referred to be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
When any Dispute is under arbitration, except for the matters under dispute, Company and you shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under these Terms of Service.
The arbitration shall be conducted by a sole arbitrator jointly appointed by Company and you.
The venue of arbitration shall be Punjab, India and the language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
If the Dispute has not been resolved by the arbitration, such a dispute shall be subject to the exclusive jurisdiction of the courts in Punjab and you hereby submit to the jurisdiction of such courts.
You understand and recognize that the sections concerning intellectual property (Section 16) and privacy and confidentiality (Section 18) hold significant importance for the Company. It is acknowledged that monetary compensation may not suffice as the sole remedy for the Company in case of non-performance of your obligations outlined in these sections. As a result, the Company has the right to request specific actions from you and may seek mandatory or permanent court orders to ensure that you fulfill your responsibilities and duties as outlined in these provisions.
TAXES
The prices mentioned include VAT/CST, service tax, Goods and Services Tax ("GST"), duties, and applicable cesses, unless specified otherwise. You are kindly requested to take care of all fees, costs, and charges related to purchasing products from us. It is also agreed that you will be responsible for any applicable taxes such as VAT, CST, service tax, GST, duties, and cesses, among others.
GENERAL PROVISIONS
Regarding communications, you willingly accept to receive messages (including transactional ones) via SMS/RCS (Rich Communication Services), email, or WhatsApp from the Company or a third party linked to the Services or your registration on the Platform.
If you prefer not to be contacted, you are kindly asked to opt out in case we need to introduce new products or services either via phone or email.
Notice: All notices from the Company will be served by email to your registered email address or by general notification on the Platform. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@sagespore.com with subject line
Assignment: You are not allowed to assign or transfer the Terms of Use, rights, or obligations granted herein to any third party. Any attempted assignment or transfer will be considered invalid from the outset. The Company has the flexibility to freely assign or transfer its rights and/or obligations under the Agreement to third parties without needing to obtain your prior consent. The company has the right to transfer their rights and responsibilities to any affiliate, third party, or as part of any restructuring, business combination, merger, or acquisition.
In case any provision of the Terms of Use is deemed unenforceable by a court, that particular provision will be enforced to the maximum extent allowed to fulfill the parties' intent. The rest of the Terms of Use will remain fully effective in this situation.
CONTACT INFORMATION:
Email: dkjendeavour@gmail.com