TERMS OF USE

TERMS OF USE

These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures.

 

These Terms are legally binding and the govern your use of the Talk to Crystals website accessible at https://talktocrystals.com/ (hereinafter referred to as the “Platform”) created, owned and operated by Mr. Sahil Jain, sole proprietor of Talk to Crystals, having its principal place of business at Q-63, South City 1, Gurugram, Haryana, 122001 (hereinafter referred to as “TTC”).

 

Please read these Terms carefully before accessing or using the Platform and/or purchasing our products and/or services. By accessing or using the Platform and/or our products and/or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to be bound by these Terms and the Privacy Policy, you shall not access and use the Platform as well as the products and services in any manner whatsoever.

 

These Terms are in addition to and not in derogation of any other terms stipulated by TTC from time to time. In case of any conflict between these Terms and such other terms, these Terms shall prevail. Throughout these Terms, “we”, “us” and “our” shall refer to TTC and “you” and “your” shall refer to you, i.e., the User (defined below) of the Platform. Both TTC and the User are collectively referred to as “Parties” and individually referred to as “Party” hereof.

 

Notwithstanding anything contained elsewhere, TTC reserves the right to modify, alter, amend, revise these Terms, update the Platform, its products and/or services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and purchasing our products and/or services. Your continued access or use of the Platform and/or purchase of our products and/or services after such modifications/updation shall constitute your acceptance of the modifications/updation.

 

DEFINITIONS

For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them hereinbelow.

 

“Account” shall mean a User’s registered account on the Platform for placing orders for products/services;

 

“Applicable Law” shall mean and include any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental/regulatory authority having competent jurisdiction and force of law over, or applicable to you, TTC or the subject matter in question, as may be amended from time to time;

 

“Users” shall mean and include individuals, body corporate, partnership, limited liability partnership, merchants, vendors, etc., who are accessing/using the Platform and/or purchasing the products/services.

 

ACCEPTANCE

 

These Terms were last updated on September 20, 2023. By accessing, signing-up, registering and/or accepting or using the Platform or ordering/purchasing the products/services in any manner whatsoever, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform or products/services, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform. TTC may contact you for information and sales enquiries through e-mail, telephone and/or SMS. You agree to receive promotional materials and/or special offers from TTC. These promotional materials and/or special offers will be consent based and you will have the option to unsubscribe.

 

USER REPRESENTATIONS

 

By accessing or using the Platform, you represent and warrant that:

 

(a)        you are 18 years or above and competent to enter into legally binding contracts as per Applicable Law;

(b)        the personal information submitted by you are the time of registration and placing an order for a product/service is true, accurate, updated and complete;

(c)        you will maintain the accuracy of such information and promptly update it, as required;

(d)        you are using a securing computer resource and internet connection which is free from viruses and malware;

(e)        you will not use the Platform for any illegal or unauthorized purpose;

(f)        your use of the Platform shall not violate any Applicable Law.

 

LEGAL DISCLAIMER

 

Each of our product/service is offered with the intention of bringing positive energy in your life. While we believe that our products and services can improve overall well-being, we are not engaged in any medical practice and do not claim to treat any illnesses of body and mind. Users will be solely responsible for their use of our products and/or services in healing and everyday practices. The crystal stones are selected by the experience of healers and this should not be treated as medical advice or as an alternative to medicines. TTC does not guarantee any product or service’s ability to cure any illness and we do not advocate the use of any product and/or service  as a substitute for standard medical practice.

 

PLATFORM REGISTRATION

 

The Users can register on the Platform through the “Create My Account” functionality provided in “My Account” section. Registration may either be done through existing social media accounts, such as Facebook or LinkedIn, or by providing personal data such as name, e-mail ID, mobile number and password. The User shall be solely liable for maintaining confidentiality of the password. Once registered on the Platform, the Users can login through their registered e-mail ID and password. It is expressly noted that TTC reserves the right to alter, reclaim, or modify any chosen username at its sole discretion, contingent upon determination of the username’s unsuitability, obscenity, or objectionability in accordance Applicable Law.

 

PLACING ORDERS

 

Users can place orders using their registered Account. If a User does not have a registered Account, then she can place an order by clicking on the “Buy Now” option available on a product. In this case, the User will be redirected to a page requesting her mobile number. After entering the mobile number, a one-time password (“OTP”) will be generated. The User will receive the OTP on her mobile number, and the Platform will retrieve the postal address and e-mail address associated with that mobile number. The User shall also have the option to modify these details or add a new address if they want the delivery to be made to a different address. New Users can avail additional free gifts/discounts/coupons as available on the Platform at the time of placing orders.

 

TTC accepts pre-paid orders and cash on delivery. For pre-paid orders, payment may be made through UPI, e-wallets, debit/credit cards, or net-banking. For cash on delivery, the User will be charged an additional fee of INR 100. The User may also purchase the products/services using the EMIs and PayLater options available on the Platform. Maximum Retail Prices (“MRP”) for all products are mentioned on our Platform and are incorporated into these Terms by reference. MRP for our products are subject to change without notice. The MRP is inclusive of all taxes.

 

While placing an order, it is the sole responsibility of the User to fill in the correct particulars such as quantity, shipping address, etc. Once the order is placed and the transaction stands complete, TTC shall not be liable for loss or damage suffered by the User on account of any inaccurate information or data fed into the Platform at the time of purchase.

 

DELIVERY & SHIPMENT

 

Orders are delivered using third-party courier services. The delivery time to metro cities in India is 1 to 3 days and for non-metros, it is 2 to 7 days from the date of dispatch. Domestic orders are dispatched within 2 to 4 business days, and international orders are shipped within 7 to 21 days. TTC offers a flat shipping of INR 99. International shipping costs vary depending upon the size of shipment and country. Orders above INR 1000 (India) and USD 125 (International) are available for free shipping. For more information, please refer to our Shipping Policy.

 

CANCELLATION & REFUNDS

 

If you have placed an order and later changed your mind due to any reason and wish to cancel your order, please send us an email at support@talktocrystals.com with your order ID, details of products to be returned and the reason for cancellation. If your order is not shipped from TTC, your full amount will be refunded and your order will be cancelled. It usually takes 7-10 business days for the refund to reflect back into your account. If your order is shipped from TTC, we will not be able to cancel your order from our end. In such cases where order is already in transit the only way to cancel the order is by refusing the delivery when the order reaches your address. Once you refuse the delivery of your order, our delivery partner will send the order back to us. Once we receive the order back, we will refund your amount deducting the shipment costs. It may take 5-7 business days for returning the order and an additional 7-10 business days for your refund to reflect back into your account. Orders from outside India are not eligible for returns or refunds. For more details on cancellation and refunds, please refer to our Return Policy.

 

EXACTNESS NOT GUARANTEED 

 

TTC hereby disclaims any guarantees of exactness as to the finish and appearance of the final product ordered by the User. The quality of any products, services, information, or other material purchased or obtained by you through the Platform may not be identical to as depicted on the Platform. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Platform. We cannot guarantee that your computer monitor’s display of any color will be accurate. In this case, you agree that TTC’s Return Policy shall be binding and enforceable in all respects.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if any material or information made available on the Platform is not accurate, complete or updated. The material or information is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material or information on this Platform is at your own risk.

 

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.  

 

We reserve the right, but are not obligated, to limit the sales of our products or services to any User, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/mobile number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate personal information for all purchases made at our Platform. You agree to promptly update your account and other information, including your e-mail ID and payment details so that we can timely complete your transactions and contact you as needed.

OPTIONAL TOOLS

 

We may provide you access to third-party tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. You agree that TTC does not monitor these third-party tools and we do not have control over them. We shall have no liability whatsoever arising from or relating to your use of the optional third-party tools. Any use by you of these tools offered through the Platform, is entirely at your own risk and discretion and you will ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

THIRD-PARTY SITES

 

TTC’s Platform may include links or references to third-party websites or services solely for User’s convenience (“Reference Sites”). TTC has no control over the Reference Sites and does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Correspondence or business dealings between Users and the concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. You acknowledge and agree that TTC shall not be liable, directly, or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any materials, products, and services on or available through Reference Sites. It is also clarified that TTC shall have no liability with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Reference Sites.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, reviews, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively referred to “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (i) to maintain confidentiality of the Comments; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PRIVACY POLICY

 

All information collected from a User pursuant to provision of products and/or services under these Terms is subject to TTC’s Privacy Policy. By using our Platform and/or products/services, you hereby consent to the use of your information as outlined in our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally, there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have placed your order).

 

PROHIBITED USES

 

In addition to any other prohibitions as set forth in the Terms, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform. We reserve the right to immediately terminate your access and use of the Platform in case it is found that you are accessing the Platform for any of the aforementioned prohibited uses.

 

DISCLAIMER OF WARRANTIES

 

We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the product/service will be accurate or reliable. You agree that from time to time we may remove any product/service for indefinite periods of time or cancel any service at any time, without prior notice to you.

 

You expressly agree that your use of, or inability to use the Platform is at your sole risk. The Platform and all products and services delivered to you through the Platform are (except as expressly stated by us) provided on an “as is” and “as available” basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

INTELLECTUAL PROPERTY

 

TTC’s Platform is owned and operated by TTC and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Platform provided by TTC (“Materials”) are protected by Applicable Law.

 

All Materials and TTC’s intellectual property are the property of TTC and/or third-party licensors or suppliers as applicable. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact through which any product/service is provided, without express written permission from us. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of Platform are not permitted.

 

LIMITATION OF LIABILITY AND INDEMNITY

 

TTC shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform or any products/services purchased using the Platform.  

 

You agree to indemnify, defend and hold harmless TTC from all claims, actions, losses, damages, demands, costs, fees, including reasonable attorneys’ fees, arising out of or in connection with your breach of these Terms or the documents/policies incorporated herein by reference, or your violation of the Applicable Law or the rights of a third-party.

 

TERMINATION

 

TTC reserves the right to terminate/suspend these Terms or User’s access to the Platform and products/services without prior notice and without any liability to the User or any third-party. In the event the User wants to terminate the Terms, it can email at support@talktocrystals.com with a prior notice. Any suspension/termination of the User’s access to the Platform and products/services shall be without prejudice to TTC’s right to exercise any other remedy available to it under the Applicable Law. The User will continue to remain liable for all amounts due up to and including the date of termination.

 

GOVERNING LAW & DISPUTE RESOLUTION

 

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdictions of competent courts at Gurugram, Haryana.

 

 

 

 

 

MISCELLANEOUS

 

(i)        SEVERABILITY

 

If any provision of these Terms is held to be unlawful, void, invalid or otherwise unenforceable, then such provision shall be limited or eliminated from these Terms to the minimum extent required, and the remaining provisions shall remain valid and enforceable.

 

(ii)       ASSIGNMENT

 

These Terms and any rights granted hereunder, shall not be assignable by the User, but may be assigned by TTC without any restriction.

 

(iii)      ENTIRE AGREEMENT

 

These Terms constitute the entire agreement and understanding between the Parties and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, on the subject matter hereof.

 

(iv)      NOTICE

 

TTC may provide Users with notices and communications through registered e-mail, regular mail, or posts on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to TTC must be sent by courier or registered post to Talk to Crystals at Q-63, South City 1, Gurugram, Haryana, 122001.

 

(v)       WAIVER

 

The failure of TTC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms, express or implied, shall be effective only if in writing and signed by TTC.

 

(vi)      RELATIONSHIP BETWEEN THE PARTIES

 

The Terms are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency, or formal business organization of any kind. TTC and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.

 

(vii)     QUERIES  

 

Any queries about the Terms should be sent to us at support@talktocrystals.com.