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Terms and Conditions of Use

Welcome to Third Base! Before delving into our platform [https://www.thirdbase.co] (“Platform” / “Website”), it is imperative for you, as the user of the Platform (“User”), to meticulously review and understand the following terms and conditions of usage of the Platform. When using any of the services on the Platform (including but not limited to accessing, browsing, placing orders, sharing product listings, writing reviews, etc.), the User is subject to and bound by these terms and conditions. Using the Platform / Website indicates the User’s agreement to all the terms and conditions. The User is requested to please read these terms and conditions carefully before proceeding.

1. Introduction and Scope

Thirdbase Wellness Pvt. Ltd. (“Third Base”) is a company incorporated under the Companies Act, 2013 with its registered office at Plot No. 28, Sector 42, Gurugram, Haryana – 122002. Third Base’s Platform not only facilitates the purchase of wellness products but also provides access to crucial information concerning these products, sexual wellbeing, and health. The User’s actions on the Platform, including but not limited to accessing, browsing, placing orders, sharing product listings, writing reviews, clicking “I AGREE” / “SUBMIT” / “I ACCEPT” / “CONFIRM” or the like, are indicative of the User’s acknowledgment and strict acceptance of these terms and conditions as well as any other rules or policies available on the Platform, as amended from time to time. These terms and conditions govern every facet of the User’s interaction with Third Base’s Platform. By proceeding, you enter into a binding agreement with Third Base.

2. Eligibility Criteria

By accessing and utilizing the Platform, the User confirms that the User has the legal competence to enter into a contract as per the laws of India. Additionally, the User is required to be at least 21 years of age to access the Platform. Proceeding to use the Platform implies the representation and warranty by the User to Third Base that the User is at least 21 years of age and possesses the legal competence to enter into a valid and binding contract in accordance with applicable laws.

3. Disclaimer of Warranties and Liability

3.1 Product Representation:

Third Base provides materials, products, and services on its Platform on an “as is” and “as available” basis without any express or implied warranties, unless specified otherwise in writing. The Platform does not guarantee constant availability, and information available on the Platform may not be complete, true, accurate, or non-misleading.

3.2 Limitation of Liability:

Third Base is not liable for any damages related to the use of this Platform, its contents, or associated services. This includes, but is not limited to, any issues arising from the Platform’s availability, the accuracy of information, or the presence of viruses or potentially harmful components.

4. User Account Management

4.1 Account Creation:

The User can create an account on Third Base’s Platform by providing a valid email ID and setting a password (“Account”). The email ID may be authenticated by Third Base by using a One-Time Password (“OTP”) for security purposes. User is advised that creating an Account unlocks additional features and functionalities which may only be accessible to a registered User and not available to Guests.

4.2 Guest Usage Limitations:

If the User chooses to use the Platform as a Guest, certain features and functionalities of the Platform may be limited. Limitations include but are not limited to the inability to track past orders or save address / payment details.

4.3 Account Confidentiality and Information Responsibility:

A User is responsible for maintaining the confidentiality of their Account and password. Access to the Account should be restricted to the User’s computer or mobile device.

4.4 User Activities Responsibility:

The User accepts full responsibility for all activities that occur on their Account. This includes any actions taken by others with access to the Account, with or without the User’s consent.

4.5 Information Integrity and Third-Party Rights:

The User acknowledges that the information provided during Account creation on the Platform does not infringe upon any third-party rights. The responsibility solely lies with the User to ensure the accuracy and legality of the information provided during Account creation.

4.6 Content Upload and Platform Interaction:

Users are solely responsible for any information and content uploaded via their Account or other means of input on the Platform. This includes, but is not limited to, form submissions, ensuring compliance with the Platform’s guidelines.

5. Security Breach

If the User has reason to believe that the security of the User’s Account has been compromised or if the User suspects any unauthorized access or knows of a security breach on the User’s Account, the User is required to report such breach promptly, within a reasonable period of time. Upon receiving information about a security breach or suspecting such a breach, Third Base reserves the right to take necessary actions to protect the User’s Account and the overall security of the Platform. These actions may include, but are not limited to, requiring the User to change the Account’s password. Additionally, in cases where the security threat is deemed severe, Third Base may opt to temporarily or permanently block access to the User’s Account.

It is important to note that Third Base undertakes these security measures to safeguard the User’s Account and the information associated with it. The decision to initiate a password change or impose temporary or permanent account blocks is made in the interest of protecting the User’s privacy and preventing unauthorized activities on the Account. Third Base assumes no liability for taking these precautionary security actions, which are undertaken in good faith to maintain the security and trustworthiness of the Platform.

6. Account Termination

Third Base has the express authority to terminate the User’s Account and/or decline the sale of Products without providing prior notice, including but not limited to, in the following cases: -

6.1 Contravention of Terms:

If a User engages in activities or behaviours that violate any stipulation(s) within these terms and conditions of use, Third Base reserves the right to terminate the User’s Account.

6.2 Discontinuation of Services:

Third Base also retains the prerogative to terminate the User’s Account or refuse the sale of Products without prior notice if, for any reason, Third Base decides to cease providing the Platform, Products, or any other associated services. This termination may occur in the event of a strategic shift, changes in business operations, or other considerations that prompt the discontinuation of services.

Additionally, it is emphasized that the information furnished by the User during the use of the Platform will be handled and maintained in accordance with the Third Base’s Privacy Policy. This ensures that the privacy and confidentiality of information provided by the User are upheld even in the event of termination.

7. Limited License

7.1 Grant of License:

Third Base hereby grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license. The User is allowed to access and engage in personal, non-commercial use of the Platform, Information, and Products as outlined in these terms and conditions. By providing access to the Platform, Third Base is not transferring ownership or any inherent rights to the User.

7.2 Restrictions on Usage:

The User explicitly acknowledges and agrees that no permission is granted for any of the following actions without the prior written consent of Third Base:

(a) Downloading, copying, or installing the Platform, Products, or Information for purposes other than personal and non-commercial use.

(b) Reverse-engineering or attempting to reverse-engineer any aspect of the Platform, Products, or Information.

(c) Reselling or re-distributing any aspect of the Platform, Products, or Information.

(d) Making, selling, offering for sale, modifying, amending, reproducing, or using any aspect of the Platform, Products, or Information in any manner, unless such actions are expressly permitted by

(e) Using the Platform, Products, or Information for any purpose beyond the scope of the license granted herein.

Deviation from these terms requires explicit written consent from Third Base, except when mandated by law or explicitly provided for in these terms and conditions.

7.3 Reservation of Rights:

All rights not expressly granted to the User in these terms and conditions are reserved and retained by Third Base. Third Base reserves the sole discretion to terminate the User’s license for Platform usage at any time without prior notice, thereby restricting the User’s future access to the Platform.

7.4 Termination of License:

In the event of a termination of the license, the User shall immediately cease any use of the Platform, Products, or Information and destroy or remove all copies from any device, storage media, or location where they may be stored.

7.5 Modification of Terms:

Third Base reserves the right to modify or update these terms of the limited license at any time. The User’s continued use of the Platform after any such modifications constitutes acceptance of the updated terms.

8. Product Information and Usage

8.1 Accuracy of Product Description:

Third Base is committed to providing accurate descriptions of all the Products featured on the Platform. While Third Base makes every effort to ensure precision, Third Base does not guarantee the accuracy, completeness, reliability, currentness, or error-free nature of the Product descriptions, colours, or other content on the Platform. Typographical errors may be present, and the images of the Products are indicative, with the possibility of variation from the actual Product. Third Base retains the right to correct, change, or update information, errors, inaccuracies, or omissions at its discretion, without prior notice.

8.2 Usage Restrictions:

All Products featured on the Platform are intended for personal use only. These Products should not be sold, resold, or utilized for any commercial purposes. The User acknowledges and agrees that any deviation from this intended usage is a violation of these terms and conditions, subject to corrective actions as deemed appropriate by Third Base, including but not limited to termination of access to the Platform and refusal of sale for Products.

9. General Terms of Sale, Payment, and Delivery

9.1 Scope of Application / Conclusion of Contract:

These terms of sale, payment, and delivery are applicable exclusively to commercial transactions and govern all contractual relationships between the User and Third Base. The terms become binding upon inclusion in the contract, either explicitly designated or referred to by Third Base, through offers, order confirmations, delivery notes, invoices, or an announcement on the official website. Individual written agreements supersede these terms, and in case of contradictions, the written agreements prevail. Any conflicting terms in the User’s general conditions of purchase are overridden by these terms, unless expressly accepted in writing by Third Base.

9.2 Purchase Price:

Purchase Price is the Maximum Retail Price (“MRP”) of the Product displayed on the Platform plus applicable statutory taxes as on the date of purchase. The User is responsible for the payment of all taxes associated with purchases made on the Platform. The Purchase Price shall be paid exclusively in the agreed currency. Packaging, transport, insurance, and other ancillary costs are not included in the price and will be charged separately, unless specified otherwise. Any fees, taxes, customs duties or other charges in connection with the delivery shall be borne by the User.

Third Base may adjust the Purchase Price during the contract term, with changes applying to future purchases. The User can withdraw from the contract in case of a price increase by providing written notice within three working days of receiving the notification.

9.3 Payment:

All payments for purchases / services on the Platform shall be made against the displayed MRP on the website. Payments are subject to the terms and conditions of the third-party Online Payment Gateway Services. Third Base reserves the right to request supporting documents (e.g., government ID, address proof, etc.) before shipping orders to establish ownership of the payment instrument.

9.4 Online Payment Gateways:

Third Base may utilize third-party facilities such as Razorpay, PaisaPay, PayPal, or such other third-party facilities, for online payments. Transactions through third-party facilities are undertaken at the discretion of the User and are governed by the respective user agreements, seller terms, conditions, and other applicable rules of such third-party.

9.5 User Responsibility:

While using payment methods provided by Third Base, the User acknowledges that Thid Base is not liable for any loss or damage, including but not limited to: -

(a) Lack of authorization for transactions.

(b) Exceeding mutually agreed limits with the User’s bank.

(c) Payment issues arising from transactions.

(d) Transaction decline for any reason.

9.6 Delivery:

The User must collect goods on the agreed delivery date. In case of default, Third Base may dispatch or store goods at the User’s expense or withdraw from the contract. Delivery periods are non-binding unless agreed otherwise in writing. Unforeseeable disruptions, delays, or failures caused by Third Base's suppliers, operational issues, or force majeure may affect delivery dates.

9.7 Inspection upon Acceptance of Products:

The User must inspect goods for defects upon receipt. Defects, if any, must be notified in writing within 48 hours of receipt of the Product. Return or replacement requests are as per Third Base’s Returns and Cancellation Policy.

9.8 Prohibition of Assignment and Set-Off:

Claims against Third Base cannot be assigned without express consent. Set-off of Third Base claims against any counterclaims is not allowed.

9.9 Retention of Title:

Third Base retains ownership of the Products until full payment is received from the User.

10. Cancellation and Returns

Orders can be cancelled per Third Base’s Returns and Cancellation Policy. Return or replacement requests are as per Third Base’s Returns and Cancellation Policy.

11. Refunds

Refunds will be processed by Third Base as per Third Base’s Returns and Cancellation Policy.

12. Important Notices and Disclaimers

12.1 Platform Updates:

Third Base retains the right to modify or discontinue Products, including adjustments to pricing and availability on the Platform.

 

12.2 Limitation of Liability:

In no event, including contract or tort, will Third Base, its directors, investors, shareholders, employees, or agents be liable for direct, indirect, special, or consequential loss, injury, or damage stemming from the use of the Platform or reliance on provided content or purchase of Products available on the Platform.

12.3 Warranty Implications:

To the maximum extent allowed by law, Third Base is not accountable for loss, injury, or damages resulting from a breach of warranty, guarantee, or condition under any legal theory, encompassing loss of revenue, profits, reputation, or goodwill due to Product use.

12.4 Non-Medical Nature of Products:

Products on the Platform are not medical devices or drugs, lacking medicinal / therapeutic properties. Platform Information is for informational purposes only; professional medical advice should be sought for health concerns.

12.5 Connectivity and Battery Considerations:

Active internet connection is essential for Platform use. Third Base is not liable for functionality loss without an internet connection or for charges related to mobile data. Users are responsible for maintaining device charge.

12.6 Platform Use at User’s Risk:

Users agree to utilize the Platform at their own risk. The Platform and its content are provided “as is” without warranties of any kind, regarding uninterrupted, timely, secure, or error-free provision of the Platform.

12.7 Content Oversight:

While Third Base reviews its content, Third Base does not serve as an adjudicatory authority. If user-reported content violates Third Base’s terms, Third Base will remove it within 36 hours of such determination.

12.8 Third-Party Payment Gateway:

Third Base may leverage a third-party payment gateway, disclaiming responsibility for fraud, misuse, or duplicate transactions arising from it.

12.9 Not a Substitute for Professional Advice:

Products and Information provided on the Platform are not a substitute for professional advice. Users are urged to seek qualified medical advice for health-related inquiries.

13. Third-Party Data and Advertising

13.1 Data Integration:

The Platform integrates third-party data to provide diverse features and services. This may include but is not limited to information, content, or functionalities sourced from external parties. While efforts are made to ensure the accuracy and reliability of such data, Users should be aware that third-party data is subject to its own terms and conditions.

13.2 Advertisement Display:

The Platform displays advertisements from third-party entities. These advertisements may include promotions, offers, or content not directly affiliated with the Platform itself. Users should exercise discretion and be aware that engaging with third-party advertisements is governed by the terms and policies of the respective advertisers.

13.3 Liability Disclaimer:

Third Base, the operator of the Platform, expressly disclaims liability for any issues arising from the use of third-party data, software, or services. This disclaimer extends to but is not limited to inaccuracies, omissions, or any adverse consequences resulting from the reliance on or interaction with third-party elements integrated into the Platform. Users are encouraged to review the terms and conditions of third-party entities and understand the implications of engaging with their data or advertisements on the Platform. Third Base, while facilitating this integration, assumes no responsibility for the actions, content, or consequences associated with third-party data or advertising.

14. Intellectual Property Ownership and Usage

14.1 Ownership of Rights:

All rights, including Intellectual Property (“IP”) rights, pertaining to the content, features, and innovations on the Platform, exclusively belong to Third Base. This encompasses but is not limited to copyrights, trademarks, patents, and trade secrets associated with the Platform.

14.2 Prohibition of Unauthorized Use:

Users are explicitly prohibited from engaging in any unauthorized use, duplication, or exploitation of the Intellectual Property owned by Third Base. This prohibition extends to reproducing, distributing, modifying, or publicly displaying any content or features associated with the Platform without explicit written consent from Third Base.

14.3 Scope of Intellectual Property:

Intellectual Property includes, but is not limited to, logos, designs, textual content, graphics, software code, and any other proprietary elements featured on the Platform and the Products. Users are not permitted to use, reproduce, or modify any of these elements without obtaining prior written authorization from Third Base.

14.4 Exceptions and Permissions:

Any exceptions to this Intellectual Property policy must be explicitly granted in writing by Third Base. Requests for the use of specific Intellectual Property should be directed to the designated contact or legal department of Third Base.

14.5 Enforcement of Rights:

Third Base reserves the right to enforce its Intellectual Property rights through legal means, including but not limited to litigation, to prevent and address any unauthorized use, duplication, or exploitation. Users found in violation of these terms may be subject to legal consequences. By accessing and using the Platform, Users acknowledge and agree to respect Third Base’s exclusive ownership of its Intellectual Property and refrain from any unauthorized use or infringement.

15. Indemnification Obligations

15.1 Comprehensive Indemnity:

Users expressly undertake the responsibility to defend, indemnify, and hold harmless Third Base, its subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, suits, liabilities, damages, expenses by a third-party, including reasonable attorney’s fees, arising out of or in connection with the User’s use of the Platform.

15.2 Scope of Indemnification:

This indemnification extends to claims related to:

(a) Violation of these terms and conditions of use.

(b) Infringement of any third-party rights, including Intellectual Property rights.

(c) User-generated content or any information submitted by the User.

(d) Any breach of applicable laws or regulations.

15.3 Defence Procedure:

Users agree to promptly notify Third Base of any claims and cooperate fully in the defence against such claims. Third Base reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by the User.

15.4 Settlement Approval:

Users shall not settle any claim without the prior written consent of Third Base. Third Base retains the right to participate in the defence of any claim, at its own cost, with counsel of its choosing.

16. Electronic Communication Consent

16.1 Form and Frequency:

By using the Platform, Users explicitly consent to receive electronic communications, including but not limited to emails, notifications, and messages, pertaining to their account, transactions, updates, and general information related to the Platform. Electronic communications may be sent to the email address or contact details provided by the User during registration or subsequently updated in their account settings.

16.2 Opting Out:

Users have the option to opt-out of certain electronic communications by adjusting their notification preferences in their account settings. However, opting out of essential communications may impact the User’s ability to fully utilize the Platform and stay informed about important updates.

16.3 Security Considerations:

Users acknowledge that electronic communications may contain sensitive information about their account, transactions, or the Platform. It is the User’s responsibility to maintain the security of their email or communication channels to prevent unauthorized access to such information.

16.4 Communication Records:

Third Base may maintain records of electronic communications for purposes including but not limited to account verification, dispute resolution, and compliance with legal requirements.

16.5 Updates and Changes:

Users agree that Third Base may, at its discretion, update or modify its electronic communication methods. Users will be notified of any material changes in the communication methods, and continued use of the Platform after such notification constitutes acceptance of the updated communication practices.

17. General Provisions

17.1 Modification, Suspension, or Discontinuation:

Third Base reserves the right to modify, suspend, or discontinue the Platform and/or Products, either in whole or in part, without prior notice. User’s continued use of the Platform after such modifications constitutes acceptance of the changes. Third Base strives to notify Users of significant modifications when feasible.

17.2 Dispute Resolution and Jurisdiction:

These terms and conditions are governed by the laws of the Republic of India. Any disputes arising from these terms, the Platform, Products, or Information are subject to the exclusive jurisdiction of the courts in Gurugram. Disputes will be resolved through arbitration in Gurugram under the Arbitration and Conciliation Act, 1996.

17.3 Assignment of Rights:

The User cannot assign rights or obligations under these terms and conditions without our prior written consent of Third Base. Third Base, however, reserves the right to assign or transfer its rights and obligations under these terms at its discretion.

17.4 Waiver of Rights:

No delay in exercising any rights or remedies by either party constitutes a waiver. Single or partial exercises of rights or remedies do not preclude further or future exercise.

17.5 Severability of Terms:

If any provision of these terms and conditions is deemed illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain unaffected. In such cases, the invalid or unenforceable provision will be substituted with a similar one that reflects the original intent.

17.6 Force Majeure Events:

Third Base is not liable for delays or failures in performance due to reasons beyond its control, such as pandemics, acts of god, civil war, embargoes, or strikes. This provision does not affect the User’s statutory rights and is in place to address unforeseeable circumstances that may impact the normal operation of the Platform or delivery of Products.

18. Term And Termination

18.1 Indefinite Term until Termination:

These terms and conditions will remain in effect until either party decides to terminate them. We, as Third Base, have the discretion to discontinue or modify various aspects of the Platform, Products, and Information at any time. Furthermore, Third Base can terminate these terms and the User’s access to the Platform, Products, and/or Information, with or without specific cause.

18.2 Post Termination Obligations:

Upon termination of these terms and conditions, the User is obligated to cease all usage of the Platform, including its content and information. Third Base retains the right to inspect or audit to verify compliance with these post-termination obligations.

19. Survival

Sections 12 (Important Notices and Disclaimers), 14 (Intellectual Property Ownership and Usage), 15 (Indemnification Obligations), 17 (General Provisions), 18 (Term And Termination), and 19 (Survival) shall persist beyond the termination of these terms and conditions.

20. Modifications

Third Base may revise and update these terms and conditions of use at any time. The User’s continued usage of the Platform after any changes to these terms and conditions of use will be deemed as acceptance of such changes. Any aspect of the Platform may be changed, supplemented, deleted or updated without notice, at the sole discretion of Third Base.

21. Compliance With Law including Export Control

The User agrees to use the Platform in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of Third Base, negatively reflect on the goodwill or reputation of Third Base. The User shall take no action which might cause Third Base to be in breach of any laws, rulings or regulations applicable to Third Base. Third Base and the Platform are based in India where control the export of products and information is applicable. The User agrees to comply with all such applicable restrictions and not to export or re-export the Products to countries or persons prohibited under the laws of India or other applicable export control laws or regulations. If the User uses the Platform, the User represents that the User is not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. The User is solely responsible for compliance with the laws of the User’s local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Products available on the Platform.

22. Communications

The User may contact Third Base to understand more about these terms and conditions or in relation to any matter concerning individual rights and personal information by sending an email to care@thirdbase.co.