These Terms and Conditions constitute a legally binding agreement between You and Weather Woods Pvt. Ltd. including its permitted assigns, affiliates, subsidiaries and successors in interest (hereinafter referred to as “We”, “Us”, “Our”, “the Company” interchangeably). The Terms and Conditions hereby incorporate by way of reference to the Privacy Policy, Shipping and Payment Policy, Return and Refund Policy and any other supplementary term(s) incorporated from time to time under intimation to You and collectively referred to as “Terms”.

Please read these Terms carefully before accessing or using our website www.elixirdrinks.in or www.drinkelixir.in or other Services thereunder (hereinafter referred to as “Service(s)”) to ensure that You understand each provision. This website is owned and operated by Us. Your access and use of this website, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Weather Woods Pvt. Ltd. now or in the future (collectively and individually, the ‘Site’) are governed by these “Terms”. These Terms apply to all Users including, without limitation, browsers, visitors, customers and others who access or use the Service. Your access and use of the Site and the Services thereunder amounts to Your irrevocable acceptance of and compliance with these Terms.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

If You have any questions or comments about these Terms, please contact us at helpme@drinkelixir.in .

1.   Acceptance and Modification of Terms

By accessing, browsing and/or using our Site, You acknowledge that You have read, understood and accepted, without reservation, these Terms, as modified from time to time by Us.

Any new product or service which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.

We reserve the right, at our discretion, to change, amend, add, or remove (collectively referred to as ‘modify’) parts of these Terms at any time. If we decide to modify the Terms, We will post an update notification on the Site. However, such notification is not obligatory on our part. It is your responsibility to review these Terms periodically, and if at any time you find these Terms or any part thereof unacceptable, You should leave the Site and cease all use of the Site. Your continued use of the Site signifies that You agree to be bound by these Terms as they are modified. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

2.   General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that Your content, 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.

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 Site through which the Service is provided, without express written permission by Us. You may not create a link to our Site from another website or document without Our prior written permission.

3.   Eligibility

By accessing and using this Site, You represent and affirm that You are of legal age to enter into a binding contract with the Company and is not a person barred from using the Site and/or receiving the Services under the laws of India or other applicable laws (hereinafter ‘Legal Age’). Minors and children below Legal Age are encouraged not to use the Site unsupervised. If your minor dependants below the Legal Age are accessing and using this Site, You consent to enter into these Terms on their behalf. If you violate or do not agree to these Terms, then your access to and use of the Site is unauthorized. You shall not use the Site if you are not competent to contract under the applicable laws, rules and regulations of India.

4.   Accuracy, Completeness and Timeliness of Information

The information on the Site is provided for general information only. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance on the information on this Site is at your own risk.

5.   Right to Content

All logos, brands, marks headings, labels, names, signatures, graphic images, numerals, sound, photographs, shapes or any combinations thereof, appearing in this Site, except as otherwise noted (hereinafter referred to as ‘Content’), are intellectual properties either owned, or used under licence by Us. The use of these intellectual properties or any other content on this Site, except as provided in these Terms or in the Site content, is strictly prohibited.

You may not sell or modify the content of this Site or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without Our written permission.

6.   Change of Information, Availability of Products / Services and Prices

The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by Us until We ship Your order. For details refer to Shipping and Payment Policy.

We have made every effort to provide accurate information on Our Site, However, occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions including and not limited to color, image, pricing and availability and the actual product may vary from what is displayed. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed.

We reserve the right to refuse any order you place with Us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event a product ordered is no longer available and/or not available at the advertised price or if the price has increased, We may decline your offer or We may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

All descriptions of products or product pricing are subject to change at anytime without notice at Our sole discretion. 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.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the service will be corrected.

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

7.   Accuracy of Billing and Account Information

In connection with placing an order, you may be asked by Us or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Us or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for all charges incurred under your account, through your credit card or other payment mechanism, as well as for paying any applicable taxes.

8.   Third-Party Links

Certain content, products and services available via our Site may include third-party links.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9.   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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

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 e mail 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.

10.       Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy.

11.       Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;

(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. Any unauthorized use including and not limited to, the use of Our Content and Intellectual Property or interference with the use of our Site may additionally attract criminal and/or civil liability.

12.       Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Our Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In all cases, the maximum liability on Our part arising under any circumstances, in respect of any services offered on the Site, shall be limited to the refund of total amount received from You for availing the services less any cancellation, refund or others charges, as may be applicable.

13.       Indemnification

You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14.       Severability

In the event that any provision of these Terms 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.

15.       Termination

These Terms are effective unless and until terminated by either you or us. We reserve the right, in Our sole discretion, to terminate the access to the Site and the related services or any part thereof at any time, without notice. You may terminate these Terms 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, 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).

The obligations and liabilities incurred on your part or our part prior to the termination date shall survive the termination of this agreement for all purposes.

16.       Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms 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 constitutes the entire agreement and understanding between you and us and govern 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).

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

17.       Force Majeure

Notwithstanding anything contained in these Terms or elsewhere, We shall not be held responsible for any loss, damage, delay or failure to comply with its obligations if the loss, damage, delay or failure arises from or is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond Our reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, pandemic, epidemic, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

18.       Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

All claims, differences and disputes arising under or in connection with or in relation hereto the Services, the Terms or any transactions entered into with Us shall be subject to the exclusive jurisdiction of the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts.

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute amicably by contacting the Company on the email provided below before initiating any litigation in Court.

19.       Contact Information

All queries, comments, feedback and grievances should be sent to us at helpme@drinkelixir.in