Terms of service
OVERVIEW
Welcome to Nisargalaya! The terms “we”, “us” and “our” refer to Nisargalaya and its owner, Phytoland Private Limited, a company incorporated under the laws of India. Nisargalaya operates this online 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”). Nisargalaya is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy, Refund & Cancellation Policy, Shipping Policy, and Disclaimer, each of which is incorporated into these Terms by reference. If you do not agree to these Terms or our policies, you may not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority under the laws of your jurisdiction of residence and, where applicable, that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your name, email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to your device type, settings and configuration.
We do not warrant that the appearance, quality or performance of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.
All descriptions of products, pricing and availability 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 may limit the quantities of any products that we offer to any person, household, geographic region or jurisdiction on a case‑by‑case basis.
Nisargalaya products are Ayurvedic/herbal cosmetic and personal care preparations for general wellness and grooming and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Please refer to individual product labels and our Disclaimer for more details.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase the selected products or services. Nisargalaya reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance (for example, by email confirmation). We must receive and successfully process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted and processed. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund & Cancellation Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. We reserve the right to refuse or cancel any order where we suspect fraud, unauthorized or illegal activity, or misuse of offers, discounts or coupons. In such cases, any payment already captured will be refunded to the original payment method, subject to applicable banking timelines.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
All prices are in Indian Rupees (INR). Applicable taxes, including Goods and Services Tax (GST), and any other duties or levies will be indicated at checkout in accordance with Indian law.
Prices posted in our online store may be different from prices offered in physical stores or through third‑party sellers. From time to time, we may offer promotions that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store and to promptly update such information so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We will arrange for shipment of the products to you in accordance with our Shipping Policy Delivery timelines shown at checkout or in order confirmations are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, local restrictions, force majeure events or circumstances beyond our reasonable control.
Risk of loss and title for products pass to you upon our delivery of the products to the carrier. Once the products are handed over to the carrier, any loss or damage in transit is your responsibility, subject to the carrier’s terms and any protections described in our Shipping or Refund Policy.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Nisargalaya / Phytoland Private Limited, its affiliates or licensors and are protected by applicable intellectual property laws of India and other jurisdictions.
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 on the Services without our prior written consent, except as may be technically necessary for normal browsing or purchasing.
Except as expressly provided in these Terms, nothing shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property right of Nisargalaya, Shopify or any third party. Unauthorized use of the Services may violate applicable laws. All rights not expressly granted are reserved.
“Nisargalaya”, our logos, product and service names, designs and slogans are trademarks of Nisargalaya or its affiliates or licensors. You must not use such trademarks without our prior written permission. “Shopify” and related marks are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to tools or features operated by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third‑party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms on which tools are provided by the relevant third‑party provider(s).
We may also offer new features and tools in the future, which will be considered part of the Services and subject to these Terms.
SECTION 8 – THIRD‑PARTY LINKS
The Services may contain materials or hyperlinks to websites, content or services provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third‑party materials or websites.
We are not liable for any harm or damages related to your access or use of any third‑party websites, products, services, resources, or content. Please review carefully the third‑party’s policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding third‑party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Nisargalaya is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Nisargalaya / Phytoland Private Limited. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nisargalaya, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Nisargalaya.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy and, to the extent applicable, to Shopify’s privacy policy at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and certain third‑party service providers (including those located outside India) as necessary to operate the Services, process orders and payments, and provide customer support. For more information on how we, Shopify and our partners handle your personal information and your rights under applicable Indian data‑protection laws, please refer to our Privacy Policy.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) your Feedback complies with these Terms; and (iii) your Feedback does not violate any third‑party rights. We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback or respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not contain any malware or code that could affect the operation of the Services. You may not use a false email address or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains 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 errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You agree not to use the Services:
(a) for any unlawful, fraudulent or malicious purpose;
(b) to violate any applicable law or regulation;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
(e) to submit false, misleading or deceptive information;
(f) to upload or transmit viruses or any other type of malicious code;
(g) to send unsolicited advertising or promotional material (“spam”);
(h) to impersonate any person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Nisargalaya, Shopify or users of the Services or expose them to liability.
You also agree not to: (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (b) collect or track the personal information of others without their consent; (c) scrape, crawl or spider the Services; or (d) interfere with or circumvent the security features of the Services.
We reserve the right to suspend, disable or terminate your account or access to the Services at any time, without notice, if we determine that you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time, without notice, for any reason, including where we believe that you have violated these Terms. You will remain liable for all amounts due up to and including the date of termination.
Sections that by their nature should survive termination shall survive, including without limitation: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law and any others that are intended to have continuing effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Nisargalaya in writing, the Services and all products offered through the Services are provided “as is” and “as available”, without any representation, warranties or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, title and non‑infringement. We do not guarantee that the Services will be uninterrupted, timely, secure or error‑free.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no case shall Nisargalaya / Phytoland Private Limited, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any indirect, incidental, punitive, special or consequential damages, including without limitation lost profits, lost revenue, lost savings, loss of data or replacement costs, arising out of or in connection with your use of the Services or any products purchased through the Services, even if advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to the Services or these Terms shall not exceed the amount actually paid by you for the product or service giving rise to the claim, to the extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nisargalaya / Phytoland Private Limited, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claims, demands, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms or the policies they incorporate; (2) your violation of any law or third‑party rights; or (3) your access to or use of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms 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 without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
Subject to applicable law, you agree that the courts at [Bengaluru / Chikmagalur], Karnataka, India (choose one) shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or your use of the Services.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on the website. It is your responsibility to check this page periodically for changes. Where required by law, we will notify you of material changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service may be sent to us at info@nisargalaya.com.
Trading / Brand Name: Nisargalaya
Legal Entity Name: Phytoland Private Limited
Registered / Customer Care Address:
Phytoland Private Limited
#10, Last Cross, Basavanahalli Lake Road,
Aravindanagara Extension,
Chikmagalur – 577101, Karnataka, India
Customer Care Email: info@nisargalaya.com
Customer Care Phone: +91 9740778444
CIN: U24239KA2020PTC138029
GSTIN: 29AALCP3873E1Z1