Terms & Condition

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. Your use of website Divyastra and its services and tools are governed by the following terms and conditions as applicable to the Divyastra. If you transact on Divyastra, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Divyastra, a company incorporated under Companies Act, 2013 with registered office at #1553, Vani Vilasa Road, PB. No.322, Mysore – 570004, Karnataka, India and these terms and conditions constitute your binding obligations.

For the purpose of these terms and conditions, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the Divyastra. When you use any of the services provided by the Divyastra, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Divyastra reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Divyastra grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Accessing, Browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

Membership Eligibility

Use of the Divyastra Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Divyastra Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Divyastra and shall not transact or use Divyastra website. If you do not qualify, please do not use our services. Divyastra reserves the right to terminate your membership and refuse to provide you with access to the Divyastra if it is brought to Divyastra’ notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use Divyastra, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Divyastra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, Divyastra has the right to indefinitely suspend or terminate or block access of your membership with Divyastra and refuse to provide you with access to the Website.

Communications

When you use the website or send emails or other data, information or communication to Divyastra, you agree and understand that you are communicating with Divyastra through electronic records and you consent to receive communications via electronic records from Divyastra periodically and as and when required. Divyastra may communicate with you by email or by such other mode of communication, electronic or otherwise. If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any PII (Personally Identifiable Information) that we have collected about you, please e-mail your request to Works.

Feedback@divyastra.store.

Use of Website: www.divyastra.store

You agree, undertake and confirm that your use of Divyastra shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information:
(a) belongs to another person and to which you do not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without Divyastra’ s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms and Conditions, Divyastra "prior written consent" means a communication coming from Divyastra Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(q) solicits gambling or engages in any gambling activity which Divyastra, in its sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user's use and enjoyment of the Divyastra Website or any other individual's user and enjoyment of similar services;
(s) refers to any website or URL that, in the sole discretion of Divyastra, contains material that is inappropriate for the Divyastra Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(z) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(aa) shall not be false, inaccurate or misleading;
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Divyastra reserves the right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of Divyastra website, or any other systems or networks connected to Divyastra Website or to any Divyastra’ server, computer, network, or to any of the services offered on or through Divyastra Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of Divyastra website or any network connected to Divyastra website nor breach the security or authentication measures on Divyastra website or any network connected to Divyastra Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Divyastra Website, or any other customer of Divyastra, including any Divyastra account not owned by you, to its source, or exploit Divyastra Website or any service or information made available or offered by or through Divyastra Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Divyastra Website.
5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Divyastra Website or Divyastra’ systems or networks, or any systems or networks connected to the Divyastra.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. 7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Divyastra on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Divyastra or others.
9. Solely to enable Divyastra to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Divyastra will only use Your Information in accordance with the Terms and Conditions and Divyastra’ Privacy Policy.
10. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other users of Divyastra to buy or sell any products or services, including, but not limited to, products or services related being displayed on Divyastra or related to Divyastra. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Divyastra. It shall be a violation of these Terms and Conditions to use any information obtained from Divyastra in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Divyastra without Divyastra’ prior explicit consent. In order to protect our users from such advertising or solicitation, Divyastra reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Divyastra deems appropriate in its sole discretion.
12. You understand that Divyastra has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Divyastra Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
13. Divyastra reserves the right, but has no obligation, to monitor the materials posted on Divyastra website. Divyastra shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right of Divyastra, you remain solely responsible for the content of the materials you post on the Divyastra website and in your private messages. Please be advised that such Content posted does not necessarily reflect the views of Divyastra. In no event shall Divyastra assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Divyastra. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Divyastra, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Divyastra shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Divyastra.
15. It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Divyastra and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Divyastra, and that the recipient may use such information to harass or injure you. Divyastra does not approve of such unauthorized uses but by using the Divyastra Website you acknowledge and agree that Divyastra is not responsible for the use of any personal information that you publicly disclose or share with others on Divyastra. Please carefully select the type of information that you publicly disclose or share with others on Divyastra.
16. Divyastra shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Divyastra is owned, controlled or licensed by or to Divyastra, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and Conditions, no part of the Divyastra and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Divyastra’ express prior written consent. You may use information on Divyastra products and services purposely made available by Divyastra for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of Divyastra and you grant Divyastra the worldwide, perpetual and transferable rights in such Content. Divyastra shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Divyastra, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Other Businesses

Divyastra does not take responsibility or liability for the actions, products, content and services on Divyastra website, which are linked to Affiliates and / or third party websites using Divyastra APIs or otherwise. In addition, Divyastra may provide links to the third party websites of affiliated companies and certain other businesses for which, Divyastra assumes no responsibility for examining or evaluating the products and services offered by them, and Divyastra does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Divyastra does not in any way endorse any third party website(s) or content thereof

Links

Divyastra welcomes links to this site. You may establish a hypertext link to Divyastra website, provided that the link does not state or imply any sponsorship or endorsement of your site by Divyastra. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Divyastra, including any logos or characters, without the express written consent of Divyastra and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Divyastra website without Divyastra’ prior written consent.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at https://Divyastra/index.php?route=information/information&information_id=3. If you object to your Information being transferred or used in this way please do not use Divyastra Website.

Disclaimer of Warranties and Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Divyastra on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Divyastra does not warrant that: •This website will be constantly available, or available at all; or
•The information on this website is complete, true, accurate or non-misleading.
Divyastra will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Divyastra website.
Divyastra does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Divyastra website; their servers; or electronic communication sent from Divyastra are free of viruses or other harmful components. Nothing on Divyastra constitutes, or is meant to constitute, advice of any kind.
All the products sold on Divyastra are governed by different state laws and if Divyastra is unable to deliver such products due to implications of different state laws, Divyastra will return or will give credit for the amount received by Divyastra from the sale of such product that could not be delivered to you. You will be required to enter a valid phone number and mail Id while placing an order on Divyastra. By registering your phone number and mail Id with us, you consent to be contacted by Divyastra via phone calls and / or SMS notifications/ e mails, in case of any order or shipment or delivery related updates. Divyastra may also use your personal information to initiate any promotional emails and/or SMS'.

Services Payment

While availing any of the payment method/s offered at Divyastra, Divyastra will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: 1. Lack of authorization for any transaction/s,
2. Or Exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. Or Any payment issues arising out of the transaction,
4. Or Decline of transaction for any other reason/s.
All payments made against the purchases/services on Divyastra by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Divyastra does not accept any other form of currency with respect to the purchases made on Divyastra.

Breach

Without limiting other remedies, Divyastra may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Divyastra website in the event, but not limited to: • If you breach the Terms and Conditions or Privacy Policy or other rules and policies, if any;
• If Divyastra is unable to verify or authenticate any information you provide; or
• If it is believed that your actions may cause legal liability for you, other Users or Divyastra. Divyastra may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Divyastra or use Divyastra Website in any manner whatsoever until such time that such User is reinstated by Divyastra. Notwithstanding the foregoing, if you breach the Terms and Conditions or Privacy Policy or other ruler and policies, Divyastra reserves the right to recover any amounts due and owing by you to Divyastra and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless Divyastra its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Fraudulent /Declined Transactions

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mysore. Trademark, Copyright and Restriction
This site is controlled and operated by Divyastra. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Divyastra web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, are a commercial use for the purposes of this clause. Copyright complaint We at Divyastra respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at care@Divyastra. Risk of loss All items purchased from Divyastra are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Product Description Divyastra tries to be as accurate as possible. However, Divyastra does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Divyastra itself is not as described, your sole remedy is to return it in unused condition.
Pricing/Typographical error
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the discretion of Divyastra.
Returns / Replacement

Considering the nature of products that are on offer on the website, Divyastra does not offer return of the products once the order is accepted via e mail to your valid e mail Id, Divyastra offers you a replacement of goods purchased on Divyastra which means that you can ask for replacement of the product/s subject to following terms and conditions: 1. You can ask for replacement of product/s within 15 days of product delivery to you in case of any defect found in the product and the same product/s will be shipped to you as a replacement for the defective product/s.
2. Replacement is offered for the product/s sold by Divyastra ONLY.
Apart from condition reserved herein above, the following products shall not be eligible for return or replacement if:
• Any product that exhibits physical damage to the box or to the product;
• Any product that is returned without all original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product at the time of delivery;
• Any product without a valid, readable, un-tampered serial number, including but not limited to products with missing, damaged, altered, or otherwise unreadable serial number;
• Any product from which the EAN (International article Number) has been removed from its original packaging.
• Any product from our Custom Incense range which is made exclusively for the customer.

Disclaimer: "Any decision on replacement on the product/s sold by Divyastra is at the sole discretion of Divyastra and decision of Divyastra shall be final and binding. Divyastra reserves the right to withdraw from replacement guarantee at any time without giving any intimation of whatsoever nature." Disclaimer Due to continuous improvements in product quality, the actual item/product may occasionally differ from that illustrated or specified. Not responsible for any omissions, typographical errors of descriptions and/or prices. Cancellation of order Divyastra reserves the right to cancel any order without any explanation for doing so, under situation where Divyastra is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Divyastra policy or for any other reason. However, Divyastra will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in a reasonable time.
Cancellations by the Customer In case we receive a cancellation request and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. In case of customized products, no cancellations are allowed once the ordered item has been taken up for production. The customer agrees not to dispute the decision made by Divyastra and accept Divyastra decision regarding the cancellation.
Limitation of Liability In no event shall Divyastra be liable for any lost profits or special, incidental, indirect, exemplary or consequential damages of any kind including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses in connection with this agreement, even if Divyastra has been informed in advance of the possibility of such damages