Terms and Conditions

Welcome to www.drinkevocus.com (“Website”).

AV Organics Private Limited runs and operates multiple brands and Products, including but not limited to, ‘Evocus more than water’, ‘Evocus Hydration IV’ and others that are listed on the Website, (hereinafter collectively referred to as “Evocus”). AV Organics Private Limited and / or its affiliates provide website features and other Products and Services to You when You visit or shop at www.drinkevocus.com, use Evocus Products or Services, or use software provided by Evocus in connection with any of the foregoing.All and any reference to Evocus may also be read as reference to AV Organics Private Limited and vice versa for the purposes of these Terms and Conditions.

Evocus provides Services subject to these following Terms and Conditions. This User Agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between You (“You” or “End User” or “your” or “Buyer” or “Customer” or “Registered User” or “Subscriber” and / or “Potential Distributor”) and Evocus (“Private Limited” or “us” or “we” or www.drinkevocus.com or “AV Organics Private Limited).

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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. Notwithstanding anything contained or said in any other document, if there is a conflict between these Terms and Conditions and any other document, the terms contained in these Terms and Conditions shall alone prevail for the purposes of usage of this Website and the Services provided thereon, unless otherwise specifically mentioned.

Our store is hosted on Shopify Inc. who provides us with the online e-commerce platform that allows us to sell our Products and Services to You. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

INTERPRETATION AND DEFINITION

  • All terms and expressions when used with capitalized first letter are defined and shall have the meaning ascribed herein. The definitions in these Terms and Conditions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

  • For the purposes of these Terms and Conditions:
  • “Account” means a unique account created for You to access our Service or parts of our Service.
  • “Applicable Laws” means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question.
  • “Business Day” shall mean a day on which banks are open in India for the transaction of normal banking business.
  • “Consideration Amount” shall mean the payments from the Subscriber or End User or Customer to Evocus in lieu of the Services provided to the Subscriber or End User or Customer, in such manner as mutually agreed to by the Parties.
  • “Confidential information” shall include, intellectual property rights, proprietary material, and any and all information not generally known to third parties or received from others, third party information, whether such information has been expressly designated as confidential or otherwise, to which the other Subscriber or End User or Customer or Potential Distributor has or gains access to at any time during the Term of this Agreement or which is available to such Subscriber or End User or Customer or Potential Distributor, either directly or indirectly, whether in writing, oral, graphic, visual or any other tangible, intangible or electronic form.
  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available to You, regardless of the form of that content.
  • “Device” means any device that can access the service such as a computer, a cell phone or a digital tablet or any other technological device.
  • “Digital Materials” shall mean templates, photographs, images, graphics, clipart, artwork or similar assets.
  • “Evocus” is referred to as either “AV Organics Private Limited”, " Private Limited", "we", "us" or "Our" in this Agreement) and refers to the brands collectively run and operated by AV Organics Private Limited.
  • “Feedback” means feedback, innovations, comments or suggestions sent by You regarding the attributes, performance or features of our service.
  • “Force Majeure“ means any event including acts of God or such other events beyond the reasonable control of the affected Party including a pandemic, change in the law, directives of any government or statutory authority, orders of a court, statutory, or quasi-judicial authority, terrorist activities, earthquake, tempest, cyclone, flood, volcanic eruption or fire or other casualty or accident or landslide, war or other violence or limitation/ unilateral suspension/ termination by access service providers, or any cyber-attack or similar unforeseen technological disruptions, or any change in government policies directly or indirectly interrupting the performance of the affected Party in terms of this Agreement, any of which prevents the affected Party from performing its obligations under this Agreement, and which Force Majeure Event is beyond the reasonable control and not arising out of the fault of the affected Party and the affected Party has been unable to overcome such act or event by the exercise of due diligence and reasonable efforts, skill and care.
  • “Intellectual Property” shall mean and include the rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: data, information, inventions, patents, trademarks, works of authorship, copyrights, design, trade secrets, “know-how”, new uses and processes, and any other Intellectual Property right, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise and software.
  • “Orders” means a request by You to purchase Products from us.
  • “Party” individually refers to the End User or Subscriber or Purchaser or Customer or Potential Distributor or Evocus wherever applicable.
  • “Parties” refers to both the End User or Subscriber or Purchaser or Customer or Potential Distributor and Evocus, wherever applicable.
  • “Potential Distributor” refers to a request for inquiry from You to collaborate with Evocus in the capacity of a Distributor for its Products. Separate and specific Distributor Agreements or Arrangements will govern all Distributors, in addition, to these Terms and Conditions, unless otherwise specifically mentioned. If terms of the distributed agreement or arrangements are in contravention to these Terms and Conditions, then the distributed agreement or arrangements will prevail to the distribution transaction.
  • “Products” refers to the products or items offered for sale on the Service
  • “Promotions” refer to contests, discounts, offers on sale, or other promotions offered through the Service.
  • “Service” refers to the goods, items, Products made available for the Purchase on the Website either directly to the End User, Customer, Purchaser, Registered User, Subscriber and includes shipment of the goods, items, Products subject to the Return and Refund Policy and these Terms and Conditions.
  • “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Evocus regarding the use of the Service.
  • “Third-party Media” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • “You” means the individual or any other legal entity on behalf of which such individual is accessing or using the Service or the Products as applicable.

ACKNOWLEDGEMENT AND ACCEPTANCE OF USE

  • These are the Terms and Conditions governing the use of this Website and the Service provided hereon. These Terms and Conditions is the Agreement that operates between You and Evocus. Please read these Terms and Conditions carefully before availing the Services. Your use of the Services shall signify your irrevocable acceptance of these Terms and Conditions. By accessing and / or using this Website You accept these Terms and Conditions. Do not continue to use drinkevocus.com if You do not agree to all of these Terms and Conditions, as applicable.
  • These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
  • Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when You use the Application or Service or the Website and tells You about your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using our Service. https://drinkevocus.com/privacy-policy/

RIGHT TO CHANGE AND MODIFY

  • Evocus reserves the sole right to update, change, or modify these Terms and Conditions at any time without prior notice to You. For this reason, we encourage You to review these Terms and Conditions every time You purchase any Products from Us or use our Service or Website.

PRIVACY

  • We view the 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 including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, 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. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use the Service or the Website.

ELECTRONIC COMMUNICATIONS

  • When you use any of Our Services, or send emails to us, You are communicating with us electronically. By using Our services You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website or through other Services.
  • All electronic communication will be interpreted as applicable under the law.

INTELLECTUAL PROPERTY RIGHTS

  • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Evocus owns all Intellectual Property Rights to and on the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce, duplicate, pass off, or distribute any content from the Website belonging to Evocus without obtaining authorization from it.
  • Evocus reserves the right to take legal actions against you for the infringement, passing off, unauthorized use of its Intellectual Property without prior notice to You.
  • You shall not upload, post, or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Evocus does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
  • By submitting material to any public area of the Website, You warrant that the owner of such material has expressly granted Evocus the royalty-free, perpetual, irrevocable, non-exclusive right, and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
  • You also permit any other end user to access, view, store, or reproduce the material for that end user’s personal use. You hereby grant Evocus, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions apply equally to and are for the benefit of Evocus, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  • We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit your notice in writing to the attention of our email info@avorganics.in and include in Your notice a detailed description of the alleged infringement.
  • It is pertinent to state that You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
  • Evocus cannot be held responsible for the actions of the actions of its End User, Registered User, Subscriber, Customer, or Potential Distributor, in any manner whatsoever.

TRADEMARKS

  • The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Evocus protected by copyright as a collective work under the applicable copyright laws. Evocus owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
  • Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Evocus and the copyright owner is permitted.
  • If copying, redistribution, or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
  • You acknowledge that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the website or otherwise owned or operated in conjunction with Evocus shall not be deemed to be in the public domain but rather the exclusive property of Evocus, unless such Website is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Evocus, unless otherwise stated.

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

  • If You use the Website as a Registered User or Subscriber or Potential Distributor, You agree that You are competent to contract within the meaning of the Indian Contract Act, 1872. Evocus reserves the right to terminate your membership or registration and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that You are in contravention of the above requirement.
  • You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor, Registered User or Subscriber or Potential Distributor or user of a third party site through which You access the Website. If You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, Evocus has the right to indefinitely suspend or terminate or block access of your membership and registration with the Website and refuse to provide you with access to the Website.
  • As a condition of purchase, the Website requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of Evocus and Evocus owes no responsibility to provide you any information regarding such change.
  • You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the Website that: belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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.
  • That in case it is found that You are in violation of these express Terms and Conditions, You shall be solely responsible and shall face all legal consequences of the same by yourself and that Evocus shall in no manner be held responsible for the same.

PROHIBITED USES

  • The Website or interface is to be used for lawful purposes only. You may not use the Website or interface in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or that breaches any applicable local, national or international law or regulation, to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of solicitation, marketing, transaction, video, photo, sound, notice or advice; to knowingly transmit any data, send or upload any content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, to reproduce, duplicate, copy or re-sell any part of the Interface in contravention of these Terms and Conditions; and to interfere with, cause damage or disrupt: (i) any part of the Website or interface; (ii) any equipment or network on which the Website or interface is stored; (iii) any software used in the provision of the Website or interface; or (iv) any equipment or network or software owned or used by any third party

PRODUCT DESCRIPTIONS

  • Products displayed on drinkevocus.com attempts to be as accurate as possible. However, Evocus does not provide any warranty that Product descriptions or other content is accurate, complete, reliable, current, or error-free.
  • If a product offered by Evocus is not as described, your sole remedy is to contact Evocus as per the Return and Refund policy and Evocus reserves the right to provide a solution as per its discretion.
  • Evocus is not liable to issue any refunds or allow exchanges and/or returns unless the requirements of the Return and Refund policy are met.
  • From time to time there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Evocus reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

PRODUCT COMPLIANCE

  • Products displayed/ sold on the Evocus website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

RETURN AND REFUND POLICY

  • If you are not entirely satisfied with your purchase, we're here to help. All refunds and returns are at the sole discretion of AV Organics  Private Limited upon the verification and confirmation done by our team.

  • Return Policy

  • The return request should be raised within 24 hours from the date the Product is delivered to return an item.
  • To be eligible for a return, the Product must be unused and in the same condition that You received it.
  • The item must be in the original packaging and in the carton in which it was delivered.
  • Any Evocus product purchased through any third-party platform would be eligible for returns as per the return policy prescribed by the third party.
  • Products purchased from drinkevocus.com would be eligible for a return as per the return policy.

  • Refund Policy

  • Once we receive item or product from You, we will inspect it and notify You that we have received your returned item or Product.
  • If the Product is spoiled, damaged, or tempered due to storage conditions not met, DO NOT CONSUME the Product. Contact us immediately and claim the replacement or refund.
  • You have to bear the shipping and freight charges for the return and Evocus cannot be held liable.
  • We will immediately notify You on the status of your refund after inspecting the item.
  • If your return is approved, we will initiate a 100% refund to the source of your original payment method.
  • You will receive the credit within 3 weeks, depending on your card/bank/wallet policies.
  • Refunds and returns are deemed valid only if the Product/bottle has not been damaged or has expired.
  • Refund won’t be initiated against goods accepted without inspection from the courier and claimed as damaged goods afterwards.
  • Contact Us: If you have any questions on how to return your item to us, contact us on +91- 8999000000 or email onsales@avorganics.in

CANCELLATION OF ORDER

  • Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Evocus reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product.
  • Evocus may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Evocus.

SHIPPING & PROCESSING FEE

  • Our shipping and processing charges are intended to compensate Evocus for the cost of processing your order, handling and packing the products you purchase and delivering them to you.
  • You must bear the shipping and freight charges for the return of any Product.

PAYMENT

  • While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
  • All payments made against the purchases/services on drinkevocus.com by You shall be as against the maximum retail price (MRP) displayed on the Website and shall be in accordance with the terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Evocus.
  • Before shipping your order to You, we may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done so as to ensure a safe and a foolproof online shopping environment to our users.
  • All taxes will be chargeable to the Products as per applicable law.

DELIVERY

  • Evocus endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the Product.
  • In no manner can the contract be repudiated if Evocus fails to deliver any one or more products in the stipulated time frame. However, if You fail to take the delivery of the goods, Evocus may at its discretion charge You for additional shipping cost.

PRICING POLICY

  • Evocus reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of Evocus. In that event, You will have the right to cancel Your Order.
  • Prices shown on the website are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes that may be extra as applicable.
  • All taxes will be chargeable to the Products as per applicable law.

AVAILABILTY AND ERRORS

  • Evocus is constantly updating our offerings of Products on the Website. The Products available on our Website and the Service provided therefrom may be mispriced, described inaccurately, or unavailable.
  • We may experience delays in updating information regarding our Products on the Website and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.
  • We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

PROMOTIONS

  • Specific terms and conditions that are separate from these Terms and Conditions may govern any Promotions made available through Website. If You participate in any Promotions, please review the applicable terms and conditions as well as our Privacy policy. If the terms and conditions for a Promotion conflict with these Terms and Conditions, the Promotion terms and conditions will apply.

WARRANTIES & LIABILITY

  • All information, Content, Digital materials and otherwise, Products (including software) Services and other services included on or otherwise made available to You by Evocus are provided on an as is and as available basis, unless otherwise specified by us.
  • Evocus makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the information, Content, Digital materials and otherwise, Products (including software), Services or other services included on or otherwise made available to you through Evocus, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.
  • Evocus does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
  • Evocus will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that You assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment You use in connection with your use of this Website, and that Evocus shall not be liable for any damages of any kind related to your use of this Website.
  • Evocus shall make all reasonable endeavors to protect its Website from any viruses or other illegal use of its Website. However Evocus does not provide any warranty that this Website, the information, Content, Digital materials and otherwise, Products (including software), Services or other services made available to You through the Website; its servers; or electronic communication sent from Evocus as being free of viruses or other harmful components.
  • Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If You have a medical pre-condition or condition that may be affected by changes in consumption and diet, You are expected to consult a medical professional before consuming the Product and Evocus will not be liable in any manner to You in such or other cases.
  • Evocus will not be liable for any damages of any kind arising from the use of any Service or from the use of the Website, the information, Content, Digital Materials and otherwise, Products (including software), Services or other services, included on or otherwise made available to You through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing by us.

INDEMNITY

  • You agree to indemnify and shall not hold Evocus (and its officers, partners, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of these Terms and Conditions, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

BREACH

  • In the event You are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if Evocus 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 us, without limiting to the present, Evocus can without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
  • Any user that has been suspended or blocked may not subscribe, register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by Evocus.
  • Notwithstanding the foregoing, if You breach these Terms and Conditions or Privacy Policy or other rules and policies, Evocus reserves the right to recover any amounts due and owing by You and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal, civil or other proceedings against you.
  • Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

TERMINATION

  • The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
  • These Terms are effective unless and until terminated by either Party. You may terminate these Terms and Conditions at any time by notifying us that You no longer wish to use our Services, or when You cease using our Website.
  • If in our sole judgment You fail to comply with any term or provision of these Terms and Condition and remain in breach of these Terms and Conditions, Evocus also may unilaterally and without prior notice, terminate this Agreement at any time and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SEVERABILITY AND WAIVER

  • Severability

  • If any provision of this Agreement or its application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the fullest extent permitted by Applicable Law. Without prejudice to the foregoing, the Parties hereto shall mutually agree to alternate legal valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision or part thereof as may be possible.

  • Waiver

  • Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms or the performance of certain obligations by us subsequent to a breach by You, shall not effect the ability to exercise such right or require such performance at any time thereafter nor shall it amount to a waiver of any rights in any manner whatsoever.

GOVERNING LAW AND EXCLUSIVE JURISDICTION

  • These Terms and Conditions, related documents, and the Agreement shall be governed and construed in accordance with the laws of India.
  • The courts at Vadodara, India will have exclusive jurisdiction to any dispute that may arise between the Parties.

GRIEVANCE

  • Any grievances you have by way of use of the Website can be addressed to the ‘Customer Care’ by way of email toinfo@avorganics.in.
  • The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

FORCE MAJEURE

  • If and to the extent that a Party’s performance of any of its obligations under this Agreement is hindered or delayed by flood, earthquake or any acts of God, Pandemic including Covid-19, Acts of War, Terrorism, riots, civil disorders, rebellion or revolutions or any other similar cause beyond the reasonable control of such party and for such non performance, hindrance or delay, as applicable, for those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues and as such Party continues to use its best efforts to recommence performance whenever and into whatever extent possible without delay, including through the use of alternative sources, work around plans or any other means.
  • The Party whose performance is prevented, hindered or delayed by a Force Majeure Event will immediately notify the other Party of the occurrence of the Force Majeure event and describe in reasonable detail, the nature of the Force Majeure Event.

COOKIES

  • Like any other Website, drinkevocus.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited.
  • The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

THIRD PARTY PRIVACY POLICIES

  • The Evocus Privacy Policy on drinkevocus.com does not apply to other advertisers or third party websites. Thus, You are to consult the respective Privacy Policies of these third-party and servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.
  • You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

ENTIRE AGREEMENT

  • The failure to exercise or enforce any right or provision of these Terms and Conditions by Evocus shall not constitute a waiver of such right or provision.
  • These Terms any policies or operating rules posted by Evocus on this Website or in respect to the Service constitutes the entire agreement and understanding between You and Evocus and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Evocus, including, but not limited to, any prior versions of the Terms and Conditions.
  • Any ambiguities in the interpretation of these Terms of Use shall not be construed against Evocus.

NOTICES

  • All notices and other communications given or made pursuant hereto shall be in writing and shall be deemed effectively when addressed to the registered office of Evocus and only when issued in accordance with the law.