Terms and Conditions

Last updated on 25 January 2017

HappyHealthyMe Organics Private Limited (hereinafter “Company” “Us”, “Our” “We”, “HappyHealthyMe” which shall mean and include its affiliates, successors and assigns) owns and operates this website, whether accessible on www.happyhealthyme.com or such other URL as may be designated by HappyHealthyMe, or through a mobile application, if available, (“Website”).

Your (“User”, “You”, “Buyer” or “Your”, which shall mean and include its legal heirs and representatives) use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website together with all policies, notices, guidelines, disclaimers that are published and shared with You from time to time which are incorporated herein by way of reference including but not limited to Our privacy policy (available at http://happyhealthyme.com/privacy-policy) and such other terms as may be applicable to Us in Your capacity as a User of the Website. These Terms of Use shall be enforceable against You in the same manner as any other written agreement. User shall mean any person/ persons, who visits, uses, deals with and/ or transacts through the Website and includes a buyer, seller, guest user, and browser.

YOU MUST SATISFY THE FOLLOWING CONDITIONS TO ACCESS, BROWSE OR OTHERWISE USE THE WEBSITE:

  • YOU MUST BE A NATURAL PERSON WHO IS ATLEAST 18 YEARS OF AGE. IF YOU ARE LESS THAN 18 YEARS OF AGE, PLEASE READ THROUGH THESE TERMS OF USE WITH YOUR PARENT OR LEGAL GUARDIAN, AND IN SUCH A CASE THESE TERMS OF USE SHALL BE DEEMED TO BE A CONTRACT BETWEEN THE COMPANY AND YOUR LEGAL GUARDIAN OR PARENT AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, ENFORCEABLE AGAINST YOU.
  • YOU MUST NOT MISREPRESENT YOUR IDENTITY.
  • THE RIGHT TO USE THE WEBSITE IS PERSONAL TO THE USER AND IS NOT TRANSFERABLE TO ANY OTHER PERSON OR ENTITY.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT BY MERE USE OF THE WEBSITE, YOU SHALL BE CONTRACTING WITH THE COMPANY AND THESE TERMS OF USE CONSTITUTE YOUR BINDING OBLIGATIONS WITH THE COMPANY. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

WE SHALL HAVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY, AND EQUIPMENT NEEDED FOR ACCESS OR USE, FEES OR CHARGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PERIODICALLY FOR ANY UPDATES / CHANGES. YOUR CONTINUED USE OF THE WEBSITE SUBSEQUENT TO SUCH CHANGES WILL INDICATE AND IMPLY YOUR ACCEPTANCE TO SUCH REVISIONS.

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. About Us
    The Company is, interalia, engaged in managing and operating the Website, which provides internet-based services through the Website that enable Users to purchase Goods. Upon placing an order for delivery, HappyHealthyMe shall deliver the Goods to you and be entitled to its payment for the Services.
    For further information, please refer to the “About Us” section on the Website.
  2. Definitions
    1. Account Information” shall mean and include certain information and details, including Your name, e-mail id, and any other information sought as part of the registration process deemed necessary by the Website.
    2. Goods” shall mean and include organic products including fruits and vegetables, groceries, beverages, takeaway meals, cookware, serveware, personal care products, storageware, cleaning products listed on the Website and any other product as may be provided by HappyHealthyMe from time to time.
    3. List Price” shall mean and include the prices provided by the Seller for each of the Goods from time to time;
    4. Materials” shall mean and include, but is not limited to graphics, layout, text, content, instructions, images, audio, videos, designs.
    5. Seller” shall mean HappyHealthyMe Organics Private Limited.
    6. Trademarks” shall mean and include Company marks, label, service marks, logo, trade name and any other marks used by the Company whether now or in future.
    7. Territory” shall mean and include the areas in Bangalore as specified on the Website and updated by HappyHealthyMe from time to time.
    8. User Content” shall mean and include testimonials, reviews, comments, suggestions and other communication functionalities through which the Users may be provided with an opportunity to submit, post, display content and materials on the Website.
    9. Viruses” shall mean and include viruses, trojans, worms, logic bombs or other materials that may be construed as being malicious or technologically harmful.
  3. Account
    1. If You wish to use the part of the Website that requires maintenance of a account on the Website (“Account”) such as, to buy Goods, adding Goods to a wishlist, providing testimonials and reviews, accessing certain content on the Website, You will be required to furnish Account Information. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. By providing Us with the Account Information, You consent to receiving communications including, but not limited to SMS, e-mails or phone calls from Us with respect to Your transaction on the Website or for any other purpose.
    2. It is not compulsory for You to register on the Website. You shall be permitted to use, browse or search for products on the Website even without an Account as a guest User. However, without an Account, You shall have a restricted access to use the Website and avail the services offered by the Company through the Website. These Terms of Use shall be binding on guest Users also.
    3. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or transactions under your Account, whether or not you have authorized such activities or transactions. You will immediately notify Us of any unauthorized use of Your Account. Please note that We will not be liable for any such unauthorized use.
    4. If You wish to terminate Your Account, You may send an e-mail to Us at hello@happyhealthyme.com requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account in accordance with Section 5 of this Terms of Use.
  4. Prohibited Use
    The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the following purposes:
    1. Copying, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Material on the Website, in whole or in part, without Our prior written consent; or
    2. Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in any Material provided on the Website to any third party;
    3. Downloading any User Content unless You see a ‘download’ or similar link displayed on the Website by reference;
    4. Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the User Content on the Website (except as may be a result of standard Internet browser or search engine);
    5. Intentionally or unintentionally interfering with or violate any applicable laws related to the access to, or use of, the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website;
    6. Accessing the Website through means other than through the interface that is provided by the Company;
    7. Violating any applicable laws or regulations for the time being in force in or outside India including but not limited to the sale, import, export, use etc. of illegal substances or gambling or other unlawful activities;
    8. Engaging in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
    9. Violating any of the terms specified under the Terms of Use or any other Website policies; or
    10. Disrupting or interfering with the security of, or otherwise cause harm to, the Website Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites. You shall further comply with the following conditions to ensure the security of the Website:
      1. You shall not misuse this Website by knowingly introducing Viruses. You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
      2. You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
      3. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.
      4. You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
  5. User Agreement
    You agree to the following:
    1. You will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
    2. You will provide authentic and true information in all instances where such information is requested from You. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and restrain You from using the Website, without prior intimation whatsoever.
    3. You shall access the Website and transact at Your sole risk and are using the Your best and prudent judgment before entering into any transaction through this Website.
    4. You shall abide by all applicable local, state, national and foreign laws, including but not limited to, to data privacy, international communications laws.
    5. The Company will be entitled to seek damages and/ or be entitled to any other remedy available to it under the applicable law in the event of an unauthorised use by You.
    6. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
      • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
      • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
      • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
      • conduct or forward surveys, contests, pyramid schemes or chain letters;
      • violate any code of conduct or other guidelines, which may be applicable for or to any particular Good;
      • You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about HappyHealthyMe, its associates and partners on any property owned by HappyHealthyMe Organics Pvt. Ltd.
    7. You guarantee, warrant, and certify that You are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others.
    8. Any violation by You of this section may result in immediate suspension or termination of Your Account.
  6. Personal Information
    The Company respects a User’s privacy. The Privacy Policy of the Company provides succinctly the manner the User data is collected and used by the Company on the Website. As a visitor to the Website, a User is advised to read the Privacy Policy carefully. By accessing the Website, You agree to the collection and use of Your information by the Company in the manner provided in the Privacy Policy.
  7. License and Website Access
    The Company grants You a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  8. Offer, Acknowledgment and Acceptance
    1. The Goods available on the Website form an “invitation to offer” and not an offer to purchase such Goods. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms of Use and are subject to acceptance by the Seller. The Seller may choose not to accept or cancel an order without assigning any reason.
    2. The Buyer agrees that before placing an order You will check the product description carefully. By placing an order for a Good/s You agree to be bound by the conditions of sale included in its description.
    3. While We make every effort to ensure that Goods listed on the Website are available, We cannot guarantee that all items are in stock or immediately available when You submit Your order. We may reject Your order (without liability) if We are unable to process or fulfill it. In the event, You have made the payment for the Goods which are not in stock or HappyHealthyMe is unable to process the same, We will refund any prior payment that You have made for those Goods in terms of our Refund Policy as stated in Section 11.
    4. An order submitted by You constitutes an offer by You to us to purchase Goods on these Terms of Use and is subject to our subsequent acceptance.
    5. Prior to such acceptance, an automatic e-mail acknowledgement of Your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
    6. Our acceptance of Your order takes effect and the contract concluded at the point where such offer is expressly accepted by Us dispatching your order and accepting Your credit card or other payment ("Acceptance").
    7. We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure you print a copy of all such documents and these Terms of Use for Your own records.
  9. Payment and Pricing
    1. Prices payable for Goods are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. List Price may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on our Acceptance.
    2. We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify You of any mistakes in Goods descriptions or errors in pricing prior to product dispatch. In such event if You choose to continue with fulfillment of the order, You acknowledge that the Goods will be provided in accordance with such revised description or corrected price.
    3. Unless otherwise specified, prices quoted are exclusive of the costs of delivery or carriage to the agreed place of delivery (charges which are stated on the Site); and inclusive of VAT and any other tax or duty;
    4. You agree to pay for taxes, shipping or carriage of Goods as such costs are specified by Us on the Website when You submit Your purchase order.
    5. Unconditional and irrevocable payment shall be made while placing order and by such methods as are indicated on the Website (and not by any other means unless We have given our prior agreement).
    6. On acceptance of the order by Us, the payment shall stand appropriated to Our account absolutely.
    7. HappyHealthyMe offers you with multiple payment methods. The payment gateway partners of HappyHealthyMe use secure encryption technology to keep Your transaction details are confidential at all times. We also accept orders on cash on delivery (“COD”) basis subject to applicable laws. In the event any fraud transactions are carried by any of the Buyer on the Website, HappyHealthyMe reserves the right to recover all the losses and expenses incurred like lawyer fees, collection charges, etc from the concerned Buyer. We also hold the right to take legal action against such person.
  10. Return, Exchange and Refund Policy
    1. We shall not be liable and you shall not be entitled to reject Goods except for damage to or loss of Goods or any part thereof in transit (where the Goods are carried by Our own transport or by a carrier on Our behalf) and not being defects caused by any act, neglect or default on Your part, and where notified to us within such period as specified on the Website for such Good.
    2. For a particular Good, a full or partial return is not possible.
    3. Goods that are not perishable can be exchanged within 7 days of delivery or within the expiry date of the Good, whichever is shorter, provided that the Goods have been unopened, are in saleable condition and are accompanied with the sales receipt.
    4. Goods that are perishable, such as fruits, vegetables, frozen foods, dairy products etc cannot be exchanged.
    5. Your rights of exchange of any Goods thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
      1. Goods have been altered by persons other than Us; and/or
      2. Defective Good or Goods have not been returned together with full details in writing of the alleged defects within the requisite period specified on the Website; and/or
      3. Defects are due (wholly or partially) to mistreatment, improper use or storage or failure to observe any manufacturers' instructions or other directions issued or made available by Us in connection with the delivered Goods.
      4. When the Goods have been cooked or consumed.
      5. The Good is packed and returned in any other packing material.
      6. The Good is not accompanied by the relevant invoice or sales receipt.
  11. Cancellation and Refund Policy
    1. No Buyer request to cancel the order will be accepted.
    2. No refunds shall be made by the Company.
    3. The delivery charges are non-refundable and shall not be given a cash refund.
    4. Credit notes provided by Us shall be valid for a period not more than 15 days from date of issue of such credit note by Us.
  12. Delivery and Shipping.
    1. Delivery timescales/dates specified on the Website, in any order acknowledgement, acceptance or elsewhere are estimates only. While We endeavor to meet such timescales or dates, We do not undertake to dispatch Goods by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
    2. Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance and notify Us without delay of errors or omissions. We reserve the right but not the obligation to accept change in Delivery Address requests sent after placement of the order and charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order.
    3. We will make not more than 1(one) attempt to deliver the Goods at Your Delivery Address. Even after 1(one) attempt if We are unable to deliver the Goods, We reserve the right to cancel Your order and for prepaid orders, a credit will be offered in Your Account for a period not more than 15 days for future transactions, after deduction of the cost of unsuccessful delivery .
    4. We shall be entitled to immediate payment in full for the Goods delivered and either to affect delivery by whatever means. 12.5 Save as otherwise provided in these Terms of Use, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
  13. Intellectual Property
    1. The Website and all Materials, excluding the User Content, that are uploaded on the Website by Us, unless otherwise stated, are owned, controlled or licensed by Us. The Company or its licensor is the sole owner of the Trade Marks. Any and all rights to use any Materials and/ or Trademarks not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors. You agree not to interfere with Our rights in the Materials and/ or Trademarks and that You will not harm, misuse, or bring into disrepute any of the Materials.
    2. This Website is operated by and is the sole property of the Company. Any and all Material on this Website are protected by copyrights, Trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website. Modification of the Materials on the Website or use of the Materials by You for any purpose is a violation of the said copyrights, Trademarks and other intellectual proprietary rights, and is expressly prohibited.
    3. All Trademarks, domain name, trade dress including the look, feel and design of the Website, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company
    4. All third party trademarks advertised or displayed on the Website belong solely to the respective third party and We do not have any rights over such third party trademarks.
    5. You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at hello@happyhealthyme.com.
  14. Disclaimer and Liability
    1. All Materials and User Content on the Website is provided to You on an ‘as is’ basis. You agree that Your use of the Website shall be at Your sole risk. All necessary and reasonable care has been taken to ensure that the information on the Website is correct and error free.
    2. We have taken all reasonable steps but cannot warrant that the use of the Website will be uninterrupted, completely error free due to the nature of the internet or fit for purpose,or that the Website or the servers that make them available are free of viruses or bugs,or represents the full functionality, accuracy, reliability of the website at all times. We cannot guarantee that any or all , and that defects will be corrected in a timely manner, or the result of using the website will meet your expectations. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
    3. The Company is further not responsible for any advertisement, representation, offer, warranty etc. displayed and/ or exhibited by other users of the Website.
    4. Your obligations under this clause shall survive the termination of these Terms of Use.
  15. Indemnity
    1. You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, licensors, any of their respective officers, directors, employees and agents, vendors, licensors, representatives, advertisers, service providers and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Website.
    2. You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions/inactions of the other Users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
    3. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using the Website.
  16. Links to Third Party Websites
    1. The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
    2. Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
  17. Termination
    1. We shall terminate Your Account if You breach any provisions of this Terms of Use. By breaching the provisions of this Terms of Use, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
    2. In addition to termination of Your Account, We reserve the right to suspend Your use of and prohibit access to any or all features / parts of the Website, in the event it is determined by Us that You have violated any of these Terms of Use and/ or if You have violated any applicable law.
    3. Upon termination of Your Account or prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.
  18. Governing Law and Jurisdiction
    This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Bangalore, India shall have exclusive jurisdiction in any proceedings arising out of this Terms of Use.
  19. Notifications
    If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at .
  20. Severability
    If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
  21. No Waiver
    The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
  22. General
    You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. These Terms of Use comprise the full and complete agreement between You and the Company with respect to the use of the Website and supersedes and cancels all prior communications, understandings and agreements between You and the Company, whether written or oral, expressed or implied with respect thereto.