United Tesla Hemp Company (“UTHC”, “we”, “us” or “our”) produces Hemp products in the
form of nutrition-rich and organic consumables with Ayurvedic and medicinal properties. It
aims to infuse the nutritional, medicinal and eco-friendly properties of the Hemp plant into
the agriculture, textile, medicine, paper, and construction industries to move towards a
sustainable future and
www.uthc.in (“Site”,“Website” or “Platform”) is a platform to make the aforementioned products available
(“Services” or “Products”) to users (“User”, “you” or “your”) of this Site.
By using our Website, apps or services you agree that you are lawfully competent and able to
enter into the terms, conditions, obligations, representations and responsibilities set forth in
these Terms of Use (“Agreement” or ”Term”), and to abide and comply with this Agreement
in accordance with the provisions of the Indian Contract Act, 1872.
We reserve the right to modify the terms and conditions of this Agreement at any time by
posting any changes or a revised Agreement on the Site. We will notify you about the
changes or revisions through email or by indicating on the top of this Agreement the date it
was last revised. The changed or revised Agreement will be effective immediately after it is
posted on the Site. Your use of the Site subsequent to posting of any such changes or of a
revised Agreement will constitute your acceptance of any such changes or revisions in the
Agreement. Please review the Terms periodically to make sure that you understand the terms
and conditions governing your use of our Services.
PLEASE READ THE TERMS CAREFULLY. THESE TERMS GOVERN YOUR USE OF
THIS SITE. BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU
AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU ARE NOT
ENTITLED TO ACCESS OR USE THE SITE OR THE SERVICES PROVIDED BY US.
THIS AGREEMENT IS PUBLISHED AND SHALL BE CONSTRUED IN
ACCORDANCE WITH THE PROVISIONS OF (INDIAN) INFORMATION
TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER
INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE
RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR
ACCESS OR USAGE OF THE WEBSITE.
Acceptance of Terms of Use
The user agrees and undertakes to abide by the terms this Agreement by accessing and using
the Website. Further, the Privacy Policy shall be read in conjugation to this Agreement. Every
effort has been made to ensure that the information contained on the site is correct. By
accessing or using the Website, you signify that you have read all of the terms and conditions
in this Agreement (including the Privacy Policy), and you agree to be bound by this
Agreement. If you do not agree with these Terms and Conditions, please do not access or use
the Website.
Users’ Accounts:
You may need to register yourself and make an UTHC account to use certain Services on the
website by providing true, accurate, up-to-date and complete information about yourself. The
confidentiality of the account and password shall be the duty of the User and you agree to
accept the responsibility for all activities that occur under your account or password. You
shall not have more than one active account on the Website. Additionally, you are prohibited
from selling, trading, or otherwise transferring your account to another person. Furthermore,
there are products listed on the website that warrant consumption under a medical
prescription or under medical supervision which you agree and undertake to have obtained
before placing any orders for such products containing a disclaimer to this effect. UTHC shall
not be liable in any shape or form for your consumption of the listed products without a
medical prescription or medical supervision.
UTHC reserves the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
Applicable Laws:
United Tesla Hemp Company is committed to providing the best and transparent
experience to you and expect you to abide by all applicable laws and regulations
as in force in the territory of India in accessing the Site and availing our Services.
You agree and undertake that UTHC disclaims all liability of losses caused by an
act of online fraud or transaction failure caused due to technical difficulties
between the payment gateway and you or any other data loss caused due to
transmission of information over the internet.
UTHC shall make sincere endeavors to keep the website operational 24 hours per
day, 7 days a week but we reserve the right to suspend functioning of the website
with proper notice of resumption of functioning as and where feasible. We also to
change or discontinue any aspect or feature on the site, including, but not limited
to, content, hours of availability and equipment needed for access or use. We
reserve the right, at any time, at our sole discretion, to change or otherwise
modify/update the terms of this Agreement without prior permission from you or
providing notice to you. You agree to periodically check the Terms and stay
updated on its requirements, and your continued access or use of this Website
shall signify your acceptance of the updated or modified Terms.
This Agreement, as well as any disputes which might arise between us and User,
shall be governed by and interpreted in accordance with the laws of India without
regard to conflicts of law of User’s state or country of residence. By using this
Site or availing the Services provided by UTHC, you unconditionally undertake to
submit to the jurisdiction and venue of the courts situated at Mumbai,
Maharashtra in connection with any action, suit, proceeding or claim arising out
of or under or by reason of this Agreement.
Electronic Communication
You consent to receive communications from us electronically, such as e-mails,
texts, mobile push notices, or notices and messages on this site and you can retain
copies of these communications for your records. You agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing for the purposes of the applicable laws in India.
Intellectual Property Rights
The content, Services and other information provided on this Website is protected
by intellectual property laws of India, foreign nations, and international
bodies. Unauthorized use of any material on this Website may violate copyright,
trademark, and/or other laws.
You agree to abide by laws regarding copyright, trademark, patent and use of
intellectual property, and undertake to not to upload, download, display, perform,
transmit, or otherwise distribute any information or Content in violation of any
intellectual property rights of UTHC. You shall be solely responsible for any
violations of any laws and for any infringements of any intellectual property rights
caused by your actions in contravention of this Agreement.
Notwithstanding the above, it is expressly clarified that you shall solely be
responsible for any liability/libel/charges arising out of any content that you
provide or upload when using any Service, including any text, data, information,
images, photographs, music, sound, video or any other material which you may
upload, transmit or store in the course of making use of our Services.
UTHC respects the intellectual property of others. If you believe that your
intellectual property rights are being infringed upon by the contents on this
Website, please write to us at vivek@uthc.in.
Disclaimer and Limitation of Liability
UTHC makes no representation, express or implied, as to the accuracy of the
information and data contained on this Site, and is not responsible for, controlling
how or when our Services are used. The Services are provided on an “as is” or/and
on an “as available” basis. Without prejudice to anything contained herein, we
disclaim any and all warranties, express or implied, for any Products or other
content offered on or through this Site. You acknowledge, by your use of the Site,
that your use of the Site is at your sole risk. This disclaimer does not apply to any
product warranty offered by us or any other seller of Products.
We claim no responsibility for any variation in the quantity or quality of the
Products when the Products are delivered to you. You should not rely solely on
the information displayed on our Site and you should always read labels, warnings
and directions prior to using or consuming a Product, or contact us in case you
have questions or require more information about a Product. Further, the Site also
lists products that may contain ingredients classified under Schedule E (1) of the
Drugs and Cosmetics Rule, 1945, that are mandatorily required to be used under a
medical prescription/medical supervision. UTHC clearly displays a disclaimer on
such products in accordance with and in discharge of the duty placed on us by
Public Notice No. K.11025/01/2015-DCC (AYUSH)-part. You are to ensure that
products such as the aforementioned are consumed under a medical prescription
and under medical supervision. UTHC disclaims any and all liability with regard
to the end use of the products sold on this Website and it is your responsibility to
consume the products in accordance with the medical prescription and/or the
directions of use on the product.
We do not assume any liability for monitoring the Services for content that is
offensive, pornographic, indecent, or otherwise objectionable, as well as content
containing harmful data, viruses, technical inaccuracies, omissions or
typographical errors.
Our Services may provide links or advertisements that permit User to access or
interact with third party sites. Please note that the User’s use of third party
services will be governed by their own terms and privacy policies and UTHC
shall not be responsible for the contents or material of any third party site. We
assume no responsibility regarding privacy practices of such third party services
nor any data or information which User might share with such other sites. Your
access to and interaction with any third party content is your sole risk and
responsibility and we shall not be liable to you or any third party in relation to
your accessing or interacting with third party content.
You agree that in no event shall UTHC, its directors/partners, employees, agents,
affiliates, or licensors be liable for any direct, indirect, incidental, special or
consequential damages in connection with this Agreement or Services in any
manner, including liabilities resulting from:
1. the use or the inability to use the content or Services offered by us;
2. the cost of procuring substitute products or any losses incurred due to any
fault or defect in the products delivered;
3. any products purchased or obtained or transactions entered into through
the Site; or
4. the acts or omissions of our representatives performing Services on our
behalf.
This limitation of liability shall apply regardless of a failure of the essential
purpose of any other remedy by us.
Though enormous efforts are made and precautions taken to render the products
absolutely safe for human use, but it is possible that certain ingredients may cause
allergic reactions to certain individuals or adversely affect individuals with
pre-existing medical conditions. Please make yourself aware of the ingredients
and usage instructions accompanying each of our products to make sure that they
are safe for you to use. It will be a User’s sole responsibility to take proper
precautions/professional medical/ dermatological advice before using any of our
products that you may be allergic to. You agree that UTHC will not be responsible
or liable for any product related issues including without limitation any allergic
reactions to you on account of usage of our products. For any purchases made
through UTHC, you will in addition to the terms stated herein be inter
alia governed by the limitation of liability and disclaimer conditions provided in
more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by applicable laws, we shall not be liable
for any direct, indirect, special, punitive, incidental, or consequential damages of
any kind (including loss of profits) related to the Website or your use thereof
regardless of the form of action whether in contract, tort (including negligence) or
otherwise.
Indemnity
The user agrees and undertakes to indemnify and hold UTHC and its
director/partners, employees, officers, agents, licensors and affiliates, harmless
from any loss, liability, claim or demand, including reasonable attorney fees,
arising out of or related to your breach of this Agreement, or your violation of any
law or the rights of a third party including but not limited to breach of any
warranties, representations or undertakings or in relation to the non-fulfillment of
any of your obligations under this Agreement, or arising out of violation of any
applicable laws, regulations including but not limited to Intellectual Property
Rights, payment of statutory dues and taxes, claim of libel, defamation, violation
of rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights. This clause shall survive the
expiry or termination of this Agreement.
Severability
Any failure by us to exercise or enforce any right or provision of this Agreement
shall not be construed as, or constitute, a continuing waiver of such provision, or a
waiver of any other breach of or failure to comply with any other provision of this
Agreement, unless any such waiver has been consented to by us in writing.
If any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, such provision shall be severed and the remainder of the provisions of
this Agreement shall remain in full force and effect.
Termination
This Agreement shall remain effective unless and until terminated by either you or
us. You may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. We reserve the right, in our sole discretion, to restrict,
suspend or terminate any User’s use of and/or access to our Services, without
notice to the User. Following termination, you will not be permitted to use the
Site and we may cancel any outstanding orders for products with or without
notifying you subject to our discretion. All provisions of this Terms which by their
nature should survive termination shall survive termination, including, but not
limited to, licenses, governing law, indemnification and limitation of liability.
User’s Obligations and Responsibilities
In the access or use of the UTHC Website, you shall comply with this Agreement
and the special warnings or instructions for access or use posted on the Website.
You shall act always in accordance with the applicable laws, customs and in good
faith. You shall not make any changes or alteration to the website or any content
or services that may appear on this Website and may not impair in any way the
integrity or operation of the Website. Without limiting the generality of any other
provision of this Agreement, if you willfully or negligently contravene any of the
obligations set forth in this Agreement, you shall be liable for all the losses and
damages that this may cause to UTHC, our affiliates, partners or licensors.
Assignment
You shall not be entitled to assign or otherwise transfer any of your rights or
obligations granted hereunder, to any third party without our written consent and
any such assignment or transfer or purported assignment or transfer shall be void
ab initio. We reserve the right to transfer your account and account information,
rights and/or obligations under the terms of this Agreement to a third party, who
purchases our business, and the User unconditionally waives off the right to object
to any such assignment or transfer by UTHC.
Force Majeure
We shall not be liable of performance of any service or obligation under the terms
of this Agreement is prevented, restricted, delayed or interfered with, by reason of
labor disputes, strikes, lock outs, acts of God, accidents, war, fire, breakdown of
plant or machinery, shortage or unavailability of raw materials from a natural
source of supply, utility or communication failures, embargo or any law, order,
proclamation, regulation, ordinance, demand or requirement having legal effect of
any government or any judicial authority or representative of any such
government, or any other act whatsoever, which are beyond the reasonable control
of UTHC or its third party affiliates, and could not have been prevented by
reasonable precautions.