Whole Leaf Organics Pvt. Ltd. (“we”, “us” or “our”) produces Hemp based CBD products in the form of nutrition-rich and organic consumables with Ayurvedic and medicinal properties. We aim to de-stigmatize the use of hemp-based products and introduce to people its many unexplored benefits, and www.wholeleaf.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 accepting the Disclaimer and entering the Website and using our Services, you declare 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.

Whole Leaf Organics Pvt. Ltd. reserves the right to modify/amend this Agreement without giving prior notice to you by posting such modified/amended Agreement on the Website.

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 a Whole Leaf 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. We shall not be liable in any shape or form for your consumption of the listed products without a medical prescription or medical supervision.

We reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Applicable Laws:

We are 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 Whole Leaf Organics Pvt. Ltd. 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.

We 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 us, you unconditionally undertake to submit to the jurisdiction and venue of the courts situated at New Delhi, India 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. Unauthorised 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 Whole Leaf Organics Pvt. Ltd. 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.

We respect 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 info@wholeleaf.in.

Disclaimer and Limitation of Liability

We make 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. We clearly display 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. We disclaim 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 we 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 Whole Leaf Organics Pvt. Ltd., 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:

the use or the inability to use the content or Services offered by us;
the cost of procuring substitute products or any losses incurred due to any fault or defect in the products delivered;
any products purchased or obtained or transactions entered into through the Site; or
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 we shall 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 www.wholeleaf.in, 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 Whole Leaf Organics Pvt. Ltd. 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-fulfilment 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 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 will-fully 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 Whole Leaf Organics Pvt. Ltd., 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 Whole Leaf Organics Pvt. Ltd..

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 Whole Leaf Organics Pvt. Ltd. or its third party affiliates, and could not have been prevented by reasonable precautions.

Grievance Officer

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of the Site for the purpose of this Agreement shall be Mr. Amit Kumar with email address: info@wholeleaf.in. We may change the aforesaid details from time to time without intimation to you.

For any query, feedback or suggestions, please contact us at customer.care@wholeleaf.in.