This Document Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To Electronic Records In Various Statutes As Amended By The Information Technology Act, 2000. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures.
The Website and the Services are provided by KCN Life Ontario Inc., a company incorporated in Ontario, Canada, having its registered address at 1400-90 Burnhamthorpe Road W Mississauga Ontario Canada (the “Company”).
Welcome to The Indie Earth.
Please review our privacy-policy so that you may understand our privacy practices.
Please see our Payment Policy to understand the purchase processes of our products.
All international shipping orders including USA may attract local duties applicable in the country and accordingly the customer will have to pay such local duties/taxes.
Products and Services for Personal use
The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The Indie Earth is a lifestyle program that suggests healthy life practices and a natural lifestyle for a happier life. Information on the Website is for educational purposes and does not intend to substitute for the advice provided by a medical professional. We recommend not using any information contained herein to diagnose/treat a disease or health problem, or to prescribe any medication.
Ayurvedic and herbal products, though characterized as medicines, are dietary/nutritional supplements which support the human body through their natural benefits. No claim can be made on dietary products, nutritional supplements or any other product listed on the Website. This situation may vary depending on the User’s place of residence. You are, therefore, advised to evaluate the laws applicable to you or consult your legal advisor prior to using the Services.
We do not recommend taking any Ayurvedic product, herbs, or any other product listed on the Website without consulting a certified Ayurvedic practitioner, or if required, a certified medical practitioner, regarding any questions you may have concerning the suitability of any products offered for sale by the Vendors on the Website, in light of your individual needs and medical conditions. We do not endorse any brand or company selling or marketing edible substances or other products in conjunction with our products, or otherwise.
We endeavour to select and sell products by reputable brand names only, and exercise diligence to present correct and appropriate information about the products for sale. While we do our best to ensure that product- related information is accurate, on certain occasions the actual product packaging and materials may contain more and/or different information than what is shown here. We advise reading directions, labels and warnings before using or consuming a product. In any circumstances, we are not responsible for any statements or claims that manufacturers may make about their products whatsoever.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration or any other regulatory authority, and are not intended to diagnose, treat, cure, or prevent any disease.
Accuracy of Information
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.
All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of The Indie Earth, our Affiliates, partners or licensors, and is protected by Laws of India, including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of The Indie Earth website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the “The Indie Earth” website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
In the access or use of the “The Indie Earth” website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or will-fully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to The Indie Earth, our Affiliates, partners or licensors.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the “The Indie Earth” website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special Features, Functionality and Events
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the “The Indie Earth” website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to: firstname.lastname@example.org
Note: The above contact information is provided exclusively for notifying KCN Life Ontario Inc. that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email at: email@example.com
Representations and Warranties and Limitation of Liability
The Indie Earth website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
The Indie Earth’s and Rooparth Ayurveda’s Hair care, Skin care, Body care and Personal care products are based on natural and/or ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be only your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our products that you may be allergic to. You agree that KCN Life Ontario Inc. (The Indie Earth/Rooparth Ayurveda) will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the “www.theindieearth.ca & KCN Life Ontario Inc.”, you will inter alia be governed by the limitation of liability present in the next paragraph and disclaimer/Caution/Warning conditions provided in detail with the product packaging/leaflets
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed CA$ 25 only.
You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
For Business User:
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, business opportunity or revenue;
b. business interruption;
c. loss of anticipated savings; or
d. loss of business opportunity, goodwill or reputation
In no event shall the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $25 or the amount you have paid to the Company for the applicable product or service out of which the liability arose.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of The Indie Earth or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Canada and the courts of Ontario , as if the Terms and Conditions were a contract wholly entered into and wholly performed within Ontario, Canada, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the www.theindieearth.ca website shall be referred to the sole Arbitrator appointed by the Director/Owner of KCN Life Ontario Inc., authorized distribution and sales of The Indie Earth and Rooparth Ayurveda products in Canada accordance with the law. The venue of such arbitration shall be only at Toronto Ontario, Canada and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Canada, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
Consent to receive notices electronically by posting on the website and via email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: firstname.lastname@example.org and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
E-Gift Cards (Terms & Conditions)
1. The gift card can be loaded in multiples of US$50 with a minimum value of US$100.
- The gift card shall be valid for a period of 1 year from the date of issuance. Any unused balance will not be refunded or credited when the card expires.
3. The gift card can be redeemed only at exclusive The Indie Earth stores or at www.theindieearth.com
4. The gift card can either be used in full or partially and is not redeemable for cash or credit.
5. The Indie Earth reserves the right to amend these terms & conditions or discontinue the card at its discretion.
6. No replacement, refund or compensations shall be payable in case of any damaged, mutilated or lost card.
7. Dispute/s, if any, in relation to this card and/or pursuant to the usage of this card shall be governed in accordance with the laws of India and subject to the Courts of Delhi.
8. The gift card is not a legal tender and can neither be recharged nor revalidated.
9. No loyalty points will be awarded on the value of the gift card during any transaction.
10. The gift card cannot be clubbed with any other promotion or benefit.
From time to time we run “Free Gift” offers and promotions when you purchase qualifying items or place a qualifying order. These are the terms and conditions that govern those promotions:
- One free gift per order that qualifies to receive the free gift. Should you, due to a technical error, be able to increase the quantity of the free gift in your cart, please know that these offers are only valid for one free gift per order and we will only ship one free gift with your order. Claims to multiple free gifts for one order will not be valid as per these Terms and Conditions.
- The free gift cannot be substituted for any other item, cash or credit.
- The free gift is sent with your order, either with the products you have purchased or individually.
- Placing multiple orders to receive multiple free gifts is allowed, as long as those orders qualify for the free gift as per the communication made clear on our website during each promotion or sale event.
- This offer is only available on orders placed here on our website, www.theindieearth.com.
- The free gift offer may not be used in conjunction with any other offer or promotion that we run on our website, unless otherwise stated.
- If a customer wishes to return an order or item which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.
- The promotion or offer is valid within the dates as stated on our website during the time of the sale event.
- In the event of any dispute, the decision of “The Indie Earth” is final.
- We reserve the right to amend these terms and conditions at any time. If we do this, we will publish the amended terms and conditions on this page.
1. The Free Trial is restricted to a maximum of 3 samples per order.
2. Only one Free Trial may be ordered at a time.
3. A single customer can order up to a maximum of 3 Free Trials only.
4. The order of a Free Trial cannot be combined with a purchase of full size products. For any other purchase, a separate order must be placed from the same account.
5. The Indie Earth reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the Free Trial promotion and at its discretion, can withdraw/limit the same from time to time.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at: email@example.com