index

Terms of service

Welcome to the IVY AND PRIME Platform!


IVY AND PRIME is the intellectual property of MPK I GATE Pvt. Ltd, a company incorporated under the provisions of the Companies Act, 2013, which has its office at 1st Floor 27, Rajpur Road, Civil Lines, Delhi - 110054 INDIA MPK I Gate is managing and operating the website, The domains are Entrepreneurship, Fashion, Fitness, Health, Wellness, Home, Food and Nutrition, Personal and Beauty

Care with Doctor and Expert Consultation applications at ivyandprime.com (collectively referred to as the “IVY AND PRIME Platform”), through which it inter alia facilitates the sale and purchase of various domain products (“Products”) to the customers of the IVY AND PRIME Platform (to “customer” or “user” or “users” or “you” or “your”).

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.

ONLINE STORE TERMS


PART A – TERMS AND CONDITIONS FOR USAGE OF IVY AND PRIME PLATFORM


GENERAL CONDITIONS

The terms and conditions for usage of the IVY AND PRIME Platform as set out herein (“Terms of Use”) specifically govern your access and use of the IVY AND PRIME Platform, which provides a

forum for you to inter alia enable you to discover, select and buy Products listed on Ivy and Prime Platform at the indicated price at any time, from the locations serviceable by us.

Please note that we may from time to time change the Terms of Use that govern your use of the Ivy

and Prime Platform. Whenever you wish to use our Ivy and Prime Platform please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Ivy and Prime Platform or suspend the operation for support or maintenance work, to update the content or for any other reason, at any time.

Any accessing, browsing, or otherwise using the Ivy and Prime Platform indicates your agreement to

these Terms of Use, the Privacy Policy of Ivy and Prime Platform and any other policies or guidelines that may be applicable on the Ivy and Prime Platform at the time of your access and usage of the Ivy and Prime Platform and which may be updated from time to time (collectively, the “Agreement”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We authorise you to view and access the Ivy And Prime Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you limited, revocable permission to access and use the Services.

By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Ivy and Prime Platform under

the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Ivy And Prime Platform without the supervision of his/her parent or legal guardian, we reserve the right to

deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity and that such entity accepts this Agreement.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


PART B – TERMS OF USE OF IVY AND PRIME PLATFORM REGISTRATION AND OPERATION OF YOUR ACCOUNT

To purchase Products on the Ivy and Prime Platform and/or avail of the Services, you will have to register on the Ivy and Prime Platform. Registration is a one-time process based on successful mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services only after filling in the necessary forms and details as may be required by us at the time of your registration. To place an order, you should log in to your account by completing the successful mobile OTP verification.

You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Ivy And Prime Platform and to restrict access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, parent, subsidiaries,

affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, employees and our officer,will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Ivy and Prime Platform, terminate accounts, and remove or edit content at any time without notice to you.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



COMMUNICATION AND UNSUBSCRIPTION

By accepting the Terms of Use, you also accept news, updates, offers/campaign-related SMS, to the mobile phone number provided by you. By accessing and using the Ivy And Prime Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.


OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise

objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use

a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any

third-party.



DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

We will try to ensure that all information and recommendations, whether about the Products, Services, offerings or otherwise, (hereinafter “Information”) provided as part of this Ivy and Prime Platform is correct at the time of inclusion on the Ivy and Prime Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

You agree that Information is being supplied to you on the condition that you will make your determination as to the suitability of such information for your purpose before use or in connection with

the making of any decision. No Information on the Ivy and Prime Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Ivy and Prime Platform or the Information is at your own risk.

Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Ivy and Prime platform. We are not responsible for the content of any

third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

As a means to assist the users in identifying the Products of their choice, we provide visual

representations on the Ivy and Prime Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to

provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The

appearance of the Product when delivered may vary.

Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.

We do not covenant or provide any representations and warranties:

6.5.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Ivy And Prime Platform;

6.5.2 That the Services will be made available at all times; and

6.5.3 that the operation of Ivy and Prime Platform, including the functions contained in any content, information and materials on Ivy and Prime Platform or any third-party sites or services linked to Ivy and Prime Platform will be uninterrupted, or that the defects will be rectified, or that Ivy and Prime Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.


This Ivy and Prime Platform And the services are Provided to you on an “As-Is” and “Where-Is” Basis, without any representation or warranties. We,for yourself and any third party providing materials,services, Or content to this website,make no representation Or warranties, either express, implied, statutory Or otherwise of merchantability,fitness for a particular, or non-infringement of third party rights, concerning the ivy and prime platform, The Information or any product or services to which the information refers. We will not be liable to you or any third party for any damages of any kind,

including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site

,even if we have to use the site ,even if we have previously been advised of the possibility of such

damages.




Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, or injury caused due to the

failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Ivy and Prime Platform.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product

shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.


PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to

interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


AVAILABILITY AND ACCESSIBILITY OF IVY AND PRIME PLATFORM

We control and operate this IVY AND PRIME Platform from India and make no representation that the materials and the content available on the IVY AND PRIME Platform are appropriate to be used or

will be available for use in other locations outside India. If you use this IVY AND PRIME Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional

activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

We have several websites offering Products, Services, content and various other functionalities to

specific regions worldwide. The Services offered in one region may differ from those in other regions due

to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.

Information that we publish on the World Wide Web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.

We constantly monitor the user’s account to avoid fraudulent accounts and transactions. Users with

more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the IVY AND PRIME Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the IVY AND PRIME Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, we reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For this clause, we shall owe no liability for any refunds.

THIRD-PARTY INTERACTION AND LINKS TO THIRD-PARTY SITES

In your use of the IVY AND PRIME Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of IVY AND

PRIME Platform or access any other third-party website linked to the IVY AND PRIME Platform.

Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and

conditions. You consent to the use of personal information by Ivy And Prime by the terms of and purposes outlined in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Ivy And Prime.


TRADEMARKS

All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates or have been licensed to us. Our trademarks may not be used in connection with any product or service that is not our product or service.


LICENSE AND USE OF YOUR CONTENT

You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display

worldwide, or act on any material posted by you on the IVY AND PRIME Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim overall feedback, comments, ideas or suggestions or any other content provided through or on the IVY AND PRIME Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at your request.

You agree that we do not routinely monitor your postings on Ivy and Prime Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Ivy and Prime Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Submissions and unauthorised use of any materials contained on the Ivy and Prime Platform may

violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred about, arising from, or to avoid, any claim or demand from a third party that your use of the Ivy and Prime Platform or

the use of the Ivy and Prime Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

We reserve the right to terminate access to this Ivy and Prime Platform at any time and without notice. Further, this limited license terminates automatically, without notice to you, if you breach any of these

Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after the termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

PRODUCT AND SERVICES

Ivy and Prime offer a variety of products and services, including but not limited to health, wellness, beauty, fitness products, orthopaedic services, home care solutions, and doctor consultations. We reserve the right to modify, update, or discontinue any products or services without prior notice.

PRICING INFORMATION

Ivy and Prime strives to provide accurate product and pricing information, however errors may occur.


Ivy and Prime cannot confirm the price of the product until you make the order. Without limiting the generality of (, Refunds and Returns) below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, Ivy and Prime shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. If an item is wrongly priced, Ivy and Prime may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Ivy and Prime will have the right to modify the price of the product/

service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. If Ivy and Prime accept your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed before Ivy and Prime

dispatch the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR

OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT

THE SOLE DISCRETION OF IVY AND PRIME. Ivy and Prime may revise and cease to make available any product/ services at any time. In the event, that Ivy and Prime is unable to deliver the product to you on time or at all, you will be notified by email and your order will be automatically

cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Ivy and Prime shall not be liable to pay for any

damages in such an event owing to cancellation of the order or delay in delivery.



USER WARRANTIES AND RESTRICTIONS

You represent and warrant that: (a) your use of Ivy and Prime Platform and/or Services will not

violate any applicable law or regulation; (b) all information that is submitted to us in connection with Ivy and Prime Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation

whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

You will use Ivy and Prime Platform for lawful purposes only and will not undertake any activity that is harmful to Ivy and Prime Platform or its content or otherwise not envisaged through the Ivy and Prime Platform. You have a limited license to access and use Ivy and Prime Platform, solely to avail the Services, subject to these Terms of Use.

You will not do any of the following:



16.3.1 Delete or modify any content on Ivy and Prime Platform, such as any information regarding the Services, their performance, sales or pricing;

16.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots,

avatars, worms, time bombs etc.) to navigate or search Ivy and Prime Platform;

16.3.3 Make false or malicious statements against the Services, Ivy and Prime Platform or us;

16.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or make available any

software or other computer files that contain a virus or other harmful component, or

otherwise disrupt or damage Ivy and Prime Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Ivy and Prime Platform and/or the Services;

16.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape Ivy and Prime Platform for any information;

16.3.6 Probe, scan, or test the vulnerability of any system, security or authentication

measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

16.3.7 Hack into or introduce malicious software of any kind onto Ivy and Prime

Platform;

16.3.8 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

16.3.9 Engage in any form of antisocial, disruptive, or destructive acts, including

“flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.


You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Ivy and Prime Platform, any information that:

16.4.1 belongs to another person and to which you do not have any right;


16.4.2 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

16.4.3 harms minors in any way;

16.4.4 infringes any patent, trademark, copyright or other proprietary rights;

16.4.5 violates any law for the time being in force;

16.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

16.4.7 impersonates or defames another person; or

16.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

PART B – TERMS AND CONDITIONS OF SALE ON IVY AND PRIME PLATFORM


The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Ivy and Prime Platform. By placing an order for any Product with us or making a purchase of the Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and

does not require any physical or digital signatures.



OUR CONTRACT OF SALE

Listing and display of a Product by us on Ivy and Prime Platform is our invitation to you to make an offer for the purchase of such a Product. Likewise, the placement of an order on Ivy and Prime Platform by you is your offer to buy the Product(s) from us.

Once you have placed an order with us for the purchase of a Product, you will receive an email and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

If your order is dispatched in more than one package, you may receive separate Shipment

Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will

conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible for updating your registered mobile number and/or email address on the Ivy and Prime Platform in the event there is a change. Further, we may also send you

notifications and reminders concerning scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purposes. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product

where the individual orders comprise a quantity typical for a normal household.

All orders placed on Ivy and Prime Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.


RETURN AND REFUND

Please review the Return and Refund Policy of Ivy and Prime Platform which applies to Products sold by us.


PRODUCT AVAILABILITY

We list availability information for the Products on the relevant webpage of Ivy and Prime Platform. Beyond what we say on that webpage or otherwise on Ivy and Prime Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.


Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.




PRODUCT PRICING

All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

Products in your shopping cart of Ivy and Prime Platform will reflect the most recent price as

displayed on the Product’s information webpage on Ivy and Prime Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place

the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.


LICENSES

You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.


TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any applicable taxes.


LIMITATION OF LIABILITY

In no event, does our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction under a claim by you or a person acting on your behalf, extend beyond the money charged from you for purchases made under an order under which such liability has arisen and been established. 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 a contract for the sale of Product by us to you was formed.


AMENDMENTS

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order the Product from us unless any

change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.


FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.


WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the

unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the

Service constitute the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Sale, all transactions consummated between you and us, and our relationship with you are governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Mumbai.


GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Sale, all transactions consummated between you and us, and our relationship with you are governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Mumbai.


MISCELLANEOUS

In addition to these Terms of Sale, you will also ensure that you comply with the terms and

conditions of the third parties, such as bank offers terms and conditions, and brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.


CONTACT US

If you have any questions or concerns about these Terms and Conditions, please contact us at:


Email: Ivyandprime@gmail.com

Phone: 8860583599

Address: MPK I GATE PVT. LTD. 1st Floor 27, Rajpur Road, Civil Lines, Delhi - 110054

Business Registration Number [INSERT BUSINESS REGISTRATION NUMBER] GST Number [INSERT GST NUMBER]



By using our website and services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.