TERMS
AND CONDITIONS
Welcome to ShivamSevaa.com (the "Website"), operated by Shivam Sevaa (OPC) Private Limited, located at P No.174, CTS No.8961/H2, Sect No.2, Shivabasav Nagar, Belagavi – 590010, Karnataka, India. By accessing or using this Website and our services, you agree to be bound by the following Terms and Conditions ("Terms"). If you do not agree with these Terms, you should not use our website. These Terms are published in accordance with applicable Indian laws, including the Information Technology Act, 2000 (and related rules), and the Consumer Protection Act, 2019, along with all relevant rules for e-commerce and direct selling. This is a legally binding agreement – please read it carefully.
1. ELIGIBILITY
AND ACCOUNT CREATION
1.1.ELIGIBILITY:
a.
To access or use the Website and its services, you must be at least eighteen
(18) years of age and possess the legal capacity to enter into a binding
contract as defined under the Indian Contract Act, 1872.
b.
By registering an account, using our services, or making a purchase, you
expressly represent and warrant that you meet the age and legal capacity
requirements.
c.
If you are below 18 years of age, you may access the Website only under the
supervision and with the express consent of a parent or legal guardian, who
shall be deemed the actual user for the purposes of these Terms. The guardian
shall be fully responsible for all actions, transactions, and obligations
arising from the minor’s use of the Website.
d.
The Company reserves the right to verify your age and identity at any time
and may request documentary proof for the same. Failure to comply may lead to
suspension or termination of your account without notice.
e.
The Company also reserves the right to deny registration or restrict access
to any individual or entity if it believes that such registration or use would
violate applicable laws or these Terms, or if prior misuse or misconduct has
been recorded.
1.2.ACCOUNT
REGISTRATION:
a.
To place orders, participate in
distributor programs, or access certain services, users are required to
register an account on the Website by providing complete and accurate personal
information, including but not limited to:
· Full
Name
· Valid
Email Address
· Mobile
Number
· Residential
or Business Address
· Password
and Login Credentials
· Any
other information as may be reasonably requested for authentication or
compliance purposes.
b.
By submitting this information, you
consent to its collection, storage, and processing in accordance with our
Privacy Policy and applicable Indian data protection laws.
c.
You agree to update your account
details promptly whenever there are changes, to ensure accuracy and
completeness. Shivam Sevaa shall not be liable for any loss, delay, or failed
communication resulting from outdated or incorrect user information.
d.
The use of false, misleading,
impersonated, or fraudulent information (including but not limited to creating
an account in the name of another person, organization, or fictitious entity)
is strictly prohibited. Such actions may result in immediate termination of the
account, cancellation of pending orders, forfeiture of commissions or benefits
(if applicable), and possible legal action under the Information Technology
Act, 2000 and Indian Penal Code, 1860.
e.
Each individual user is permitted to
maintain only one registered account. Duplicate or multiple accounts held by
the same person may be deactivated or merged at the Company’s discretion.
f.
Users are not permitted to register
an account on behalf of another person, firm, or entity without proper written
authorization. Where authorization is granted (e.g., corporate or distributor
accounts), the registering user shall act as an authorized representative and
shall be responsible for compliance on behalf of that entity.
1.3.ACCOUNT
SECURITY:
a. You
are solely responsible for maintaining the confidentiality and security of your
login credentials (username, password, or any other authentication details).
b. You
agree not to share, disclose, or transfer your login information to any third
party. Any activity or transaction carried out using your credentials shall be
deemed to have been authorized by you.
c. You
acknowledge that sharing or disclosing your password, whether intentionally or
negligently, may lead to unauthorized access, misuse, or loss, for which Shivam
Sevaa shall bear no responsibility.
d. In
the event you suspect or become aware of any unauthorized use of your account,
security breach, or compromise of your credentials, you must immediately notify
the Company at support@shivamsevaa.com.
e. Upon
receiving such notice, the Company shall make commercially reasonable efforts
to block, suspend, or investigate the unauthorized activity. However, Shivam
Sevaa shall not be liable for any losses, damages, or unauthorized transactions
that occur prior to the Company taking corrective action.
f. The
Company reserves the right, at its discretion, to suspend, deactivate, or
terminate accounts that are compromised, inactive for extended periods, or
suspected of fraudulent or unlawful activity.
g. The
Company also encourages users to adopt strong passwords and regularly update
them to enhance security. Use of common, weak, or easily guessable passwords is
discouraged.
2. USER
OBLIGATIONS AND ACCEPTABLE USE
2.1.GENERAL CONDUCT: By accessing, browsing,
registering, or transacting on the Website, you agree to use the platform in
accordance with applicable laws, good faith, and ethical business practice.
a. You shall not use the
Website or any of its services for any purpose that is unlawful, fraudulent,
abusive, harassing, defamatory, obscene, threatening, invasive of another’s
privacy, or otherwise objectionable or prohibited by these Terms.
b. You agree to comply with
all applicable laws, rules, and regulations of India while accessing or
transacting through the Website, including but not limited to laws governing
e-commerce, data protection, taxation, and consumer rights.
c. You shall be solely
responsible for all activity conducted through your account, and any misuse or
illegal activity traced to your credentials shall be deemed your
responsibility, whether or not you personally authorized it.
2.2.PROHIBITED
CONDUCT:
Without
limiting the generality of the foregoing, you specifically agree not to engage
in any of the following activities, directly or indirectly:
a. Misrepresentation
and False Information:
·
Providing false, inaccurate, or misleading
information during registration, order placement, or communication with the
Company or other users.
·
Creating or using an account under a false
identity or pretending to be another person, business, or representative
without proper authorization.
·
Misrepresenting your relationship with
Shivam Sevaa or falsely claiming endorsement, partnership, or distributorship
rights.
b. Harmful
or Offensive Content:
·
Uploading, posting, transmitting, or
sharing any content that is abusive, defamatory, obscene, pornographic, vulgar,
hateful, discriminatory, or threatening in nature.
·
Disseminating material that harasses,
bullies, insults, or intimidates individuals or groups based on race, gender,
religion, ethnicity, caste, sexual orientation, disability, or any other
protected status.
·
Publishing or promoting misinformation,
pseudoscientific claims, or misleading health, medical, or nutritional advice
that could harm consumers or public safety.
c. Unauthorized
Access and Security Violations:
· Attempting
to gain unauthorized access to any part of the Website, other user accounts, or
any servers, databases, or computer systems owned or operated by Shivam Sevaa.
· Engaging
in or attempting hacking, password mining, data scraping, phishing, or malware
injection activities.
· Interfering
with or disrupting the security, functionality, or integrity of the Website,
including any associated network, software, or hardware.
· Testing
system vulnerabilities or breaching security measures without prior written
authorization.
d. Automated
Access and Data Extraction:
·
Using automated tools, scripts, bots,
crawlers, or similar technologies to access, index, scrape, copy, or manipulate
Website content or data without explicit written permission from Shivam Sevaa.
·
Engaging in excessive API calls,
denial-of-service (DoS) attacks, or any activity that places an unreasonable
load on the Website infrastructure.
e. Fraudulent
or Unethical Activity:
·
Engaging in fraudulent transactions,
chargebacks, payment manipulation, or use of stolen financial information.
·
Impersonating another individual or
entity, or misusing another user’s account.
·
Exploiting the platform for illegal
financial gain, such as multi-account manipulation, pyramid-type recruitment,
or unauthorized resale of products.
·
Misuse of discounts, referral programs, or
commissions in violation of the Company’s business model or direct-selling
ethics.
·
Uploading or transmitting viruses, worms,
trojans, or other harmful code that could damage or impair the Website or
users’ systems.
f. Intellectual
Property Violations:
·
Copying, reproducing, distributing,
modifying, or creating derivative works from the Website’s design, text,
graphics, content, trademarks, or product information without express written
permission.
·
Using any Shivam Sevaa trademark, logo, or
proprietary material in a manner likely to cause confusion or misrepresent
affiliation.
2.3.COMMUNITY
BEHAVIOUR AND INTERACTION:
a. You
agree to conduct yourself in a respectful, professional, and courteous manner
when interacting with other users, distributors, or representatives of Shivam
Sevaa through the Website, email, phone, or any official channel.
b. The
following behaviour is strictly prohibited in all communications:
·
Use of offensive, threatening, or profane
language;
·
Harassment or abuse of customer service
representatives;
·
Spamming, solicitation, or unsolicited
marketing;
·
Disseminating false information about the
Company, its products, or other users.
c. Shivam
Sevaa reserves the right to monitor user communications for compliance,
subject to applicable privacy and data protection laws.
d. The
Company may, at its discretion, issue warnings, temporarily suspend, or permanently
terminate accounts that violate community standards or this clause.
e. In
cases of serious violations, including defamation, fraud, or threats, the
Company may initiate civil or criminal proceedings under applicable
laws, including the Information Technology Act, 2000, and the Indian Penal
Code, 1860.
2.4.ENFORCEMENT
AND CONSEQUENCES:
a.
Any violation of these obligations
may result in immediate account suspension, cancellation of pending orders,
forfeiture of earned benefits or commissions, and legal action.
b.
The Company’s decision regarding
enforcement shall be final and binding.
c.
Shivam Sevaa shall not be liable for
any loss or damage you may suffer as a result of enforcement actions taken in
good faith for violation of this clause.
3. PRODUCTS
AND ORDERS
3.1.PRODUCT
INFORMATION:
a.
ACCURACY AND REPRESENTATION: Shivam Sevaa makes every reasonable effort to
ensure that all product information, including names, specifications, features,
descriptions, images, and prices displayed on the Website, are accurate, up to
date, and reflective of the actual product. However, minor variations may occur
due to manufacturing changes, packaging updates, lighting conditions, or screen
display differences.
b.
PRODUCT DESCRIPTIONS: While we endeavor to present precise descriptions, typographical errors,
omissions, or technical inaccuracies may inadvertently appear. The Company does
not guarantee that the product information, descriptions, or any related
content are completely error-free, reliable, or current.
c.
COLORS, PACKAGING, AND VARIATIONS: Colors and packaging shown in product images may
slightly differ from the actual product received due to differences in display
devices, supplier updates, or batch variations. Such differences do not
constitute a defect or misrepresentation.
d.
USE AND EFFICACY DISCLAIMER: Certain products, particularly wellness, herbal,
or nutritional supplements, may contain general descriptions of benefits or
ingredients. These statements are not intended to diagnose, treat, cure, or
prevent any disease and should not be construed as medical advice. Customers
are advised to consult qualified healthcare professionals before use.
e.
ERRORS AND CORRECTIONS: Shivam Sevaa reserves the right to correct any errors or inaccuracies in
product listings, pricing, or availability at any time without prior notice.
f.
CUSTOMER REMEDIES: If a product materially differs from its description or arrives defective,
your sole and exclusive remedy is to return it in unused condition in
accordance with our Return and Refund Policy.
3.2.PLACING
AN ORDER:
a.
Offer to Purchase: When
you place an order through the Website, you make a binding offer to purchase
the selected product(s) under these Terms and Conditions.
b.
Order Confirmation and Acceptance: Your
order will be deemed accepted — and a legally binding contract of sale will be
formed — only when we issue an explicit confirmation (for example, through an
email confirmation or a change in order status to “Confirmed,” “Processed,” or
“Dispatched”).
c. Right
to Refuse or Cancel Orders: Shivam Sevaa reserves the
absolute right to reject, modify, or cancel any order at its discretion,
including but not limited to cases involving:
· Unavailability
of product(s);
· Pricing
or listing errors;
· Payment
verification issues or suspected fraud;
· Technical
glitches;
· Delivery
limitations to your location;
· Non-compliance
with these Terms.
d. Refund
for Cancelled Orders: If an order is cancelled by us prior
to shipment, any payment received will be refunded to you within a reasonable
period, typically within 7–10 business days, through the original mode of
payment.
e. Order
Modification and Cancellation by Customer: You may request to
modify or cancel your order before dispatch by contacting our customer support.
Once the order is shipped, it cannot be modified or canceled and must be
processed through our Return Policy.
f. Order
Verification: The Company may contact you via email,
SMS, or phone for order verification or to confirm details. Failure to respond
may result in delayed processing or cancellation.
g. Bulk
Orders: We reserve the right to limit the quantity of products
purchased per user or per order, especially in cases of stock shortage or
potential misuse for resale without authorization.
3.3.PRICING
AND PAYMENT
a.
Currency and Tax Inclusion: All
product prices are quoted in Indian Rupees (INR) and are inclusive of
applicable Goods and Services Tax (GST), unless explicitly stated otherwise.
b.
Price Changes: Shivam
Sevaa reserves the right to revise product prices, discounts, and offers at any
time without prior notice. However, such changes shall not affect orders
already confirmed prior to the price revision.
c.
Additional Charges: In
addition to the listed product price, you agree to pay any shipping charges,
handling fees, or state-specific taxes displayed at checkout.
d.
Accepted Payment Methods: Payments
may be made via credit/debit cards, UPI, net banking, wallets, or other
third-party gateways integrated into our Website. All transactions are subject
to the respective payment provider’s terms and conditions.
e.
Payment Gateway and Security: All
payment transactions are securely processed through certified third-party
payment gateways using encryption technologies compliant with the Payment Card
Industry Data Security Standard (PCI-DSS).
· Shivam
Sevaa does not store, process, or have access to your full credit/debit card
details, CVV, or banking credentials.
· Any
errors, delays, or breaches by payment providers shall be governed by their
respective terms, and the Company shall not be held liable for any loss arising
therefrom.
f.
Payment Authorization: You
authorize us and our payment partners to charge your selected payment method
for the total order amount, including applicable taxes and shipping costs.
g.
Payment Failures: If
a transaction fails due to insufficient funds, incorrect details, or technical
issues, the order may be suspended or cancelled until payment is successfully
processed.
h.
Fraudulent Transactions: Any
attempt to make fraudulent payments or unauthorized transactions may lead to
immediate account suspension and may be reported to law enforcement authorities
under applicable cyber and financial fraud laws.
3.4.SHIPPING
AND DELIVERY:
a.
Service Area: Currently,
Shivam Sevaa ships products only within India. International shipping is not
available at this time.
b.
Processing Time: Orders
are typically processed and dispatched within 1–2 business days of order
confirmation, subject to stock availability and successful payment
verification.
c.
Estimated Delivery Timeline: Once
dispatched, orders are generally delivered within 3–7 business days, depending
on your location, courier service coverage, and logistical conditions.
d.
Shipping Charges: Shipping
fees (if applicable) are displayed at checkout based on order weight, volume,
and delivery location. Certain orders may qualify for free shipping as per our
promotional policies.
e.
Tracking and Updates: Upon
dispatch, customers will receive a tracking number via email or SMS, enabling
them to monitor shipment status through the courier partner’s portal.
f.
Delivery Responsibility: Delivery
shall be deemed complete once the order has been delivered to the shipping
address provided at checkout. Customers must ensure accurate and complete
delivery details to avoid delays or misdelivery.
g.
Delays and Force Majeure: Shivam
Sevaa will make reasonable efforts to deliver within estimated timelines.
However, delays may occur due to:
· Courier
partner issues or logistical disruptions;
· Weather
conditions or natural disasters;
· Strikes,
lockdowns, or governmental restrictions;
· Force
majeure events beyond the Company’s reasonable control.
In such cases, the Company shall not be held liable for consequential damages
or losses.
h. Undelivered
Orders: If an order remains undelivered due to incorrect
address, repeated failed delivery attempts, or refusal to accept, the package
may be returned to us. Upon return, a refund may be processed after deducting
shipping and handling costs, if applicable.
i. Risk
of Loss: All items purchased from Shivam Sevaa are made
pursuant to a shipment contract. This means the risk of loss and title for
products passes to you upon delivery to the designated carrier.
j. Damaged
Packages: In case of visible package damage at the time of
delivery, customers are advised to refuse acceptance or immediately notify us
at support@shivamsevaa.com with photographic evidence within 24 hours of
receipt.
4. CANCELLATION
AND MODIFICATION OF ORDERS
4.1.ORDER
CANCELLATION OR MODIFICATION BY YOU
a. Eligibility
for Cancellation: You may cancel or modify your order only
before it has been dispatched from our warehouse or fulfillment center. Once an
order is shipped, it cannot be modified or canceled under ordinary
circumstances.
b. How
to Request Cancellation: To initiate a cancellation or
modification, you must contact our Customer Support team at
support@shivamsevaa.com or through the “Contact Us” section on the website,
clearly mentioning your order number, registered email ID, and reason for
cancellation/modification.
c. Processing
of Cancellations: Upon receiving a valid cancellation
request prior to dispatch, we will verify the order status and attempt to
accommodate your request. If eligible, your order will be canceled and you will
receive confirmation via email or SMS. Any payment already made for the
canceled order will be refunded as per the Refund Policy (refer to Section 6
below).
d. Post-Dispatch
Orders: If your order has already been shipped, it cannot be
canceled. However, you may still initiate a return request after delivery,
subject to the terms of our Returns and Refunds Policy. Please note that
refusal to accept delivery after dispatch will be treated as a return and not
as a cancellation.
e. Customized
or Made-to-Order Products: Certain products that are customized,
personalized, or made-to-order (if such offerings are available) are exempt
from cancellation once the order is confirmed. These items are produced
specifically for you, and cancellation is not possible once the manufacturing
or customization process begins.
f. Modifications
to Orders: Requests to modify product quantities,
change shipping addresses, or alter payment methods can be made only before
dispatch, subject to feasibility and approval by Shivam Sevaa. If a
modification results in a change in the total order value, the difference will
be adjusted accordingly through payment or refund.
4.2.ORDER
CANCELLATION BY SHIVAM SEVAA
a. Right
to Cancel: Shivam Sevaa reserves the unconditional
right to cancel or refuse any order, in whole or in part, at any time before
delivery, even if the order has been previously confirmed and payment has been
received.
b. Grounds
for Cancellation: Orders may be canceled by Shivam Sevaa for
reasons including, but not limited to:
· Product
unavailability or out-of-stock situations;
· Errors
in product pricing, description, or promotional information;
· Detection
of potentially fraudulent, illegal, or unauthorized transactions;
· Inaccurate
or unverifiable user information provided at checkout;
· Non-compliance
with these Terms and Conditions;
· Technical
or system errors affecting order processing or payment confirmation;
· Logistical
or delivery constraints that make shipment infeasible.
c. Notification
of Cancellation: If your order is canceled by Shivam Sevaa,
we will notify you promptly via email, SMS, or call, providing the reason for
cancellation (where applicable).
d. Refund
Process: If payment has already been made, we will initiate a
full refund to your original mode of payment or via an alternate method as
mutually agreed. Refunds are typically processed within 5–7 business days, but
timelines may vary based on your bank or payment provider’s policies.
e. No
Compensation: In the event of cancellation by Shivam
Sevaa, the company’s liability shall be limited solely to refunding the amount
paid by the customer. We shall not be liable for any consequential loss,
inconvenience, or damages incurred due to order cancellation or delay.
5. RETURNS
AND REFUNDS
At Shivam Sevaa,
we value customer satisfaction and strive to ensure that every product you
purchase meets your expectations. However, if for any reason you are not
completely satisfied, you may be eligible to return the product as per the
terms stated below.
5.1.RETURN
ELIGIBILITY WINDOW
a.
You may request a return for eligible
products within seven (7) calendar days from the date of delivery.
b.
The return request must be raised
within this stipulated period; requests received after this period will not be
entertained.
c.
Shivam Sevaa reserves the right, at
its sole discretion, to deny return requests made after the permitted window
unless expressly provided under statutory warranty or consumer protection laws.
5.2.CONDITIONS
FOR RETURN:
a.
To qualify for a return, the product
must meet all the following conditions:
·
The product must be unused, unwashed,
and undamaged;
·
The product must be returned in its original
packaging, including all tags, labels, instruction manuals, warranty cards,
and any accessories or complimentary items received;
·
The product must be in a re-saleable
condition and must not show signs of wear, tampering, or alteration;
·
The product should not have been damaged
while in the customer’s possession.
b.
Customers are responsible for
ensuring that the returned product is packed securely and adequately to prevent
any damage in transit. Shivam Sevaa shall not be liable for damage caused to
the product during return shipment due to inadequate packaging by the customer.
5.3.NON-RETURNABLE
AND NON-REFUNDABLE ITEMS:
Certain
products are non-returnable and non-refundable due to their nature,
hygiene considerations, or customization. These include, but are not limited
to:
·
Perishable items such as food supplements,
herbal consumables, or organic goods;
·
Personal care, health, and hygiene-related
products (such as soaps, creams, oils, and similar items) once opened or used;
·
Intimate apparel, undergarments, and
sanitary products;
·
Customized, personalized, or made-to-order
items;
·
Items received as free gifts, promotional
merchandise, or part of bundled offers;
·
Products damaged, altered, or mishandled
by the customer;
·
Any item returned without original
packaging, missing accessories, or serial number tampering.
Shivam
Sevaa retains the right to make a final determination on the eligibility of any
product for return or refund following inspection.
5.4.RETURN
REQUEST AND PROCESS:
a.
To initiate a return, the customer
must:
·
Contact support@shivamsevaa.com or
raise a request via the My Account / Order Dashboard;
·
Provide the order number, product
details, and reason for return;
·
Include clear photographs or video
evidence if the item is defective, damaged, or incorrect.
b.
Upon verification, our customer
support team will guide you through the return procedure. Depending on your
location and product type:
·
We may arrange a reverse pickup
through our logistics partners; or
·
You may be requested to ship the item
back to the designated return address at your own cost (where applicable).
c.
Products must be returned only
through approved carriers and with valid tracking details shared
with us. Shivam Sevaa will not be responsible for returns lost in transit
without tracking proof.
5.5.RETURN
SHIPPING FEES:
a.
If the return is due to Shivam
Sevaa’s error, such as:
·
Incorrect item delivered;
·
Product found defective or damaged on
arrival; or
·
Product not matching the description on
the website;
then, the return shipping cost will be borne by Shivam Sevaa, or a free
reverse pickup will be arranged.
b.
If the return is initiated for
reasons attributable to the customer, such as:
·
Change of mind;
·
Incorrect product ordered; or
·
Buyer’s remorse; then, the return
shipping costs must be borne by the customer.
c.
In all cases, the product remains the
customer’s responsibility until it reaches our return facility.
5.6.INSPECTION
AND REFUND APPROVAL:
a.
Upon receipt of the returned product,
Shivam Sevaa’s Quality Control Team will inspect the item to verify
compliance with the return eligibility conditions.
b.
If the return is approved:
·
The refund amount will be processed to
your original method of payment (credit/debit card, net banking, UPI,
wallet, etc.), or as store credit, if opted by the customer.
·
Refunds are typically processed within five
to seven (5–7) business days from the date of approval.
c.
Please note that the actual credit of
the amount to your bank or card account may take additional time depending on
your financial institution’s processing timelines.
d.
If the returned product does not meet
eligibility conditions, it will be shipped back to the customer, and no refund
will be issued.
5.7.REPLACEMENT
OR EXCHANGE POLICY:
a.
At this time, Shivam Sevaa does
not offer direct exchanges. Customers wishing to exchange a product must
first initiate a return (if eligible) and then place a new order for the
desired item.
b.
In the case of defective or damaged
items, a replacement may be offered at our discretion, subject to stock
availability.
c.
Any promotional items or free
gifts included in the original order must also be returned when returning
the associated product. Failure to return them may result in deduction from the
refund amount.
5.8.REFUND
DISCREPANCIES AND COMMUNICATION: If you believe an error
has occurred in the refund amount or status, please contact support@shivamsevaa.com
within 7 days of receiving the refund confirmation. Refund discrepancies
reported beyond this period may not be entertained.
6. DIRECT
SELLING PROGRAM (INDEPENDENT DISTRIBUTORS)
In addition to being an
e-commerce platform for retail customers, Shivam Sevaa operates a Direct
Selling Program designed to empower individuals to become Independent
Distributors (also referred to as “Direct Sellers”) who promote, sell, and
distribute Shivam Sevaa products and build a network of consumers and
sub-distributors.
Participation in this program is voluntary and governed by the following
provisions:
6.1.DISTRIBUTOR
AGREEMENT AND ENROLMENT
a.
Individuals who wish to participate
as Independent Distributors under the Shivam Sevaa Direct Selling Program must
complete the official Distributor Registration Process via the “Start a
Business” section of the Website.
b.
Registration as a Direct Seller shall
only be valid after you have read, accepted, and executed the Independent
Direct Seller Agreement (hereinafter referred to as the “Distributor
Agreement”), which details the commission structure, rights, responsibilities,
and operational procedures.
c.
The Distributor Agreement shall form
an integral part of these Terms and Conditions. In the event of any conflict
between these Terms and the Distributor Agreement, the provisions of the
Distributor Agreement shall prevail in matters pertaining specifically
to the direct selling business and related compensation.
d.
The company reserves the right to
approve or reject any application for distributorship at its discretion,
without obligation to provide reasons for the same.
6.2.NATURE
OF RELATIONSHIP
a.
The relationship between Shivam Sevaa
and its Direct Sellers is that of independent contractors. Nothing in
these Terms or the Distributor Agreement shall be construed as creating an
employer–employee, principal–agent, partnership, or franchise relationship.
b.
As an independent distributor, you
are responsible for obtaining any necessary registrations, licenses, and tax
compliance (including GST, PAN, or other statutory obligations**)
arising from your earnings under this program.
c.
Direct Sellers are not authorized to
make any commitments or representations on behalf of Shivam Sevaa, or bind the
company in any contractual or financial obligation, without prior written
authorization.
6.3.EARNINGS,
COMMISSIONS, AND INCOME DISCLAIMER
a.
Shivam Sevaa operates a performance-based
compensation system where commissions or incentives are earned solely on
the sale of products to end consumers, either directly or through one’s
team or network, as per the applicable compensation plan.
b.
No income, profit, or success is
guaranteed. Any earnings depend entirely on the
individual’s efforts, sales capability, market conditions, and the performance
of their sales network.
c.
There is no compensation or reward
for merely enrolling new members, in strict compliance with the Consumer
Protection (Direct Selling) Rules, 2021, and the program shall not operate
as a pyramid or money circulation scheme.
d.
Shivam Sevaa disclaims any
representation that any participant will earn a specific income or achieve
financial independence through participation. Any testimonials or examples of
success provided are illustrative and do not guarantee similar results.
e.
Direct Sellers are expressly
prohibited from making misleading or exaggerated income claims,
promising quick returns, or inducing others to join with false assurances of
guaranteed earnings.
6.4.OBLIGATIONS
OF DIRECT SELLERS: All Direct Sellers are required to:
a.
Conduct themselves with honesty,
integrity, and professionalism in all interactions with customers and other
distributors;
b.
Comply with all applicable laws and
regulations, including the Consumer Protection
Act, 2019, and the Consumer Protection (Direct Selling) Rules, 2021;
c.
Provide accurate, complete, and
non-misleading information regarding Shivam Sevaa’s products, pricing,
offers, and the business opportunity;
d.
Avoid making false claims
about the quality, efficacy, or medical benefits of any Shivam Sevaa products,
unless such claims are backed by appropriate certifications or regulatory
approvals;
e.
Respect consumer rights, including
their right to information, to refuse a sales offer, and to receive receipts
and invoices for purchases;
f.
Avoid unethical sales practices
such as misrepresentation, coercion, undue influence, or deceptive recruitment
methods;
g.
Ensure that any promotional
materials, advertisements, or communications adhere strictly to company
guidelines and are not published without prior authorization.
6.5.CODE
OF CONDUCT:
a.
Every Direct Seller must strictly
adhere to the Company’s Code of Conduct, policies, and operating manuals
made available through official channels.
(b) The following actions constitute a breach of the Code of Conduct and may
result in disciplinary action or termination:
·
Selling Shivam Sevaa products on unauthorized
e-commerce platforms or through unapproved channels;
·
Using spam, unsolicited messages,
or deceptive advertising tactics to promote products or recruitment
opportunities;
·
Making unauthorized health,
therapeutic, or medicinal claims about any product;
·
Making false or misleading
representations about the company, its products, or the income potential;
·
Engaging in cross-line solicitation,
poaching, or interference with other distributors’ teams;
·
Conducting door-to-door sales or
customer approaches without proper identification or without the consumer’s
prior consent;
·
Engaging in any activity that may harm the
company’s goodwill or reputation.
(c) Distributors are required to identify themselves truthfully as independent
distributors of Shivam Sevaa when interacting with prospects or consumers.
6.6.TERMINATION
OR SUSPENSION OF DISTRIBUTOR STATUS:
a.
Shivam Sevaa reserves the right to terminate
or suspend a Direct Seller’s account or business relationship, with or
without notice, in the event of:
·
Breach of these Terms or the Distributor
Agreement;
·
Violation of the Code of Conduct or any
company policy;
·
Involvement in unethical, fraudulent, or
unlawful practices;
·
Engagement in misleading recruitment,
misrepresentation, or pyramid-type activities.
b.
Upon termination:
·
The Direct Seller shall immediately
cease using Shivam Sevaa’s name, logos, trademarks, promotional materials,
and any confidential information;
·
The Direct Seller must discontinue all
sales of company products and representation as a company affiliate;
·
The Direct Seller must return any
confidential or proprietary materials and may be required to forfeit
commissions accrued after termination.
c.
Subject to company policy and
compliance with applicable direct selling regulations, Shivam Sevaa may provide
a buy-back or repurchase option for unsold inventory that remains
unopened, unused, and in saleable condition, typically at up to 90% of the
original purchase price, provided:
·
The products were purchased within a
reasonable time period (e.g., 12 months);
·
The products are returned in their
original, undamaged packaging;
·
The request is made in accordance with the
Distributor Agreement.
d.
Shivam Sevaa reserves the right to deduct
administrative and handling charges from any refund or buy-back payment, as
applicable.
6.7.COMPANY
RIGHTS AND DISCLAIMER:
a.
Shivam Sevaa retains the right to
modify, suspend, or discontinue the Direct Selling Program or any of its
features, commissions, or compensation structures with reasonable prior notice
to distributors, where practicable.
b.
The company also reserves the right
to audit distributor activity to ensure compliance with all rules, and to take
corrective actions when necessary.
c.
Nothing in this clause shall restrict
the company’s right to pursue civil or criminal action against
individuals involved in fraudulent or unlawful conduct.
7. INTELLECTUAL
PROPERTY RIGHTS
7.1.OWNERSHIP
OF INTELLECTUAL PROPERTY:
· All
materials appearing on ShivamSevaa.com (the “Website”) — including but
not limited to text, product descriptions, images, graphics, logos, icons,
button designs, software code, layout, look and feel, audio/video clips, and
other content — are the sole property of Shivam Sevaa (OPC) Private Limited
(“Company”), its licensors, or content suppliers.
· Such
materials are protected under applicable Indian and international copyright,
trademark, and other intellectual property laws.
· The
trade name “Shivam Sevaa”, our brand logos, product names, and service marks,
whether registered or unregistered, are exclusive trademarks of the Company.
Unauthorized use of these marks or any confusingly similar marks is strictly
prohibited.
7.2.LIMITED
LICENSE TO USERS:
Subject
to compliance with these Terms, Shivam Sevaa (OPC) Pvt. Ltd. grants you
a limited, non-exclusive, revocable, non-transferable, and non-sublicensable
license to access and make personal, non-commercial use of the Website and its
content. This license permits browsing, product viewing, making purchases, and
participation in authorized business programs offered on the platform. This
license does not include any right to:
· Download
(other than for page caching) or modify the Website or its content, in whole or
in part;
· Reproduce,
distribute, publicly display, or prepare derivative works based on our
materials;
· Copy,
resell, or commercially exploit any content, product listing, or service
information;
· Frame
or utilize framing techniques to enclose any trademark, logo, or proprietary
information;
· Use
meta tags or any hidden text utilizing the “Shivam Sevaa” name or trademarks
without express written permission;
· Reverse
engineer, decompile, disassemble, or attempt to extract source code from any
software or system used on the Website.
Any
use of the Website or its content beyond the scope of this limited license
shall result in immediate termination of your rights to access the Website and
may subject you to civil or criminal liability under applicable laws.
7.3.USER-GENERATED
CONTENT:
a.
Certain portions of the Website may
allow users to submit comments, testimonials, reviews, questions, or other
forms of content (“User Content”). When submitting such content, you represent
and warrant that:
· You
own or have all necessary rights and permissions to use and share such content;
· The
content is accurate, not misleading, and does not violate any third-party
intellectual property, privacy, or publicity rights;
· The
content is free from obscene, defamatory, threatening, unlawful, or otherwise
objectionable material.
b.
By posting or uploading any User
Content, you hereby grant Shivam Sevaa (OPC) Pvt. Ltd. a perpetual,
worldwide, irrevocable, royalty-free, non-exclusive, and transferable license
to use, reproduce, distribute, modify, adapt, publish, translate, publicly
display, and create derivative works of such content in any media, for any
lawful purpose including but not limited to marketing, promotional activities,
and public display on the Website or other affiliated platforms.
c.
You further agree that Shivam
Sevaa has the right, but not the obligation, to monitor, review, remove, or
edit any User Content at its sole discretion if it violates these Terms,
applicable law, or our internal policies. The Company shall not be responsible
or liable for any User Content posted by users or third parties.
7.4.REPORTING
INTELLECTUAL PROPERTY VIOLATIONS: If you believe that any
material appearing on ShivamSevaa.com infringes upon your intellectual
property rights, you may notify us in writing at support@shivamsevaa.com with a
detailed description of the alleged infringement, evidence of ownership, and
your contact information. The Company will review and take appropriate action
in accordance with applicable laws.
8. DISCLAIMER
OF WARRANTIES
8.1.PRODUCT
WARRANTY:
a. All
products, goods, and services offered or displayed on ShivamSevaa.com
(the “Website”) are provided on an “as is” and “as available” basis, unless
otherwise expressly stated in writing by the manufacturer or the Company.
While Shivam Sevaa (OPC) Pvt. Ltd. endeavors to partner with reputable
manufacturers and suppliers and ensures that products meet requisite quality
standards, the Company makes no express or implied representations or
warranties regarding:
·
The merchantability, suitability, durability, or
fitness of any product for a particular purpose;
·
The efficacy, safety, or performance of any product
or supplement sold;
·
The results or outcomes expected from the use of
any product or service; or
·
The accuracy, completeness, or reliability of
product information or claims.
b. Any
warranties, guarantees, or assurances that may apply to specific products are
solely those explicitly provided by the manufacturer, and users are advised to
refer to the manufacturer’s warranty terms where applicable. Shivam Sevaa
shall not be liable for any claims arising from manufacturer defects,
mislabeling, or product misuse.
c. However,
this disclaimer does not affect any statutory rights you may have under the
Consumer Protection Act, 2019, or any other applicable consumer laws in India,
to the extent such rights cannot be lawfully excluded.
8.2.Website Use
and Platform Availability:
a. Your use of
the Website and all associated services, including browsing, purchasing, or
participating in business programs, is entirely at your own risk.
b. While Shivam
Sevaa (OPC) Pvt. Ltd. takes reasonable efforts to maintain the accuracy and
security of the Website, we do not warrant or represent that:
·
The Website or its servers will always be
uninterrupted, timely, secure, or free of errors, viruses, or other harmful
components;
·
The information, descriptions, pricing, or other
content on the Website is accurate, complete, reliable, current, or error-free
at all times;
·
Any defects or inaccuracies will be corrected
promptly; or
·
The Website will operate without disruption due to
maintenance, updates, or unforeseen technical issues.
c. The Website
and all information, content, materials, products, and services included on or
otherwise made available through it are provided on an “as is,” “as available,”
and “with all faults” basis.
d. To the
fullest extent permitted by applicable law, Shivam Sevaa expressly
disclaims all warranties of any kind, whether express, implied, or statutory,
including but not limited to:
·
Implied warranties of merchantability;
·
Fitness for a particular purpose;
·
Non-infringement of third-party rights;
·
Accuracy, reliability, or completeness of data or
content; and
·
System or data security.
e. Certain
jurisdictions do not allow limitations on implied warranties; in such cases,
some of the above exclusions may not apply to you, and your statutory rights
shall remain unaffected.
8.3.THIRD-PARTY
LINKS, TOOLS, AND SERVICES:
a. The Website
may contain hyperlinks, embedded tools, widgets, or references to third-party
websites, platforms, or services (for example, payment gateways, social media
integrations, external information sources, or business partner websites).
These links are provided solely for your convenience and reference.
b. Shivam
Sevaa (OPC) Pvt. Ltd. has no control or ownership over such third-party
websites or their operators and does not:
·
Endorse or assume any responsibility for the
content, accuracy, opinions, or statements made on those platforms;
·
Guarantee the availability, reliability, or
security of such third-party services; or
·
Warrant the quality, legality, or suitability of
any products or services offered by those third parties.
c. If you
choose to access or use any third-party service or website through our
platform, you do so entirely at your own risk, and such use shall be governed
by the terms, conditions, and privacy policies of the respective third-party
provider. Shivam Sevaa disclaims any liability arising from your
interactions with or reliance on such external entities.
9.
LIMITATION OF LIABILITY:
9.1.GENERAL LIMITATION:
a. To the maximum extent
permitted by applicable law, Shivam Sevaa (OPC) Pvt. Ltd., its
holding, subsidiary, or affiliate entities (if any), along with its respective
directors, officers, employees, agents, representatives, and suppliers
(collectively referred to as “the Company Parties”), shall not be liable
for any indirect, incidental, punitive, special, consequential, or exemplary
damages that may arise, directly or indirectly, from:
·
The use of, or inability to use, the Website or any of its features;
·
The purchase, consumption, or use of any product or service made available
through the Website;
·
Unauthorized access to or alteration of your transmissions or data;
·
Statements or conduct of any third party on the Website; or
·
Any other matter relating to the Website or its services.
b. This includes, but is not
limited to, losses of profits, revenue, goodwill, business reputation, data,
opportunity, or other intangible losses, even if Shivam Sevaa has
been advised of the possibility of such damages or if such damages were
reasonably foreseeable.
c. You expressly acknowledge and
agree that Shivam Sevaa shall not be responsible for:
·
Any delay, failure, interruption, or corruption of any data or other
information transmitted in connection with the use of the Website;
·
Any bugs, viruses, or other harmful components transmitted to or through
the Website by any third party; or
·
Any damages resulting from acts or omissions by other users or external
service providers.
9.2.AGGREGATE LIABILITY CAP: To the fullest extent
permitted by law, in no event shall the total aggregate liability of Shivam
Sevaa (OPC) Pvt. Ltd. (whether based on contract, warranty, negligence,
tort, strict liability, product liability, or any other legal theory) arising
out of or relating to:
·
Your access to or use of the Website,
·
Any product, service, or business opportunity offered through it, or
·
These Terms and Conditions,
·
exceed the total amount paid by you to Shivam Sevaa for the specific product or
service giving rise to the claim.
·
If you have not made any purchase or financial transaction through
the Website, the Company’s total liability shall be limited to INR 1,000
(Rupees One Thousand only), irrespective of the nature of the claim or the
number of incidents giving rise to it.
·
This limitation applies even if the available remedy fails of its essential
purpose or is otherwise deemed inadequate under law.
9.3.BASIS OF THE BARGAIN AND
STATUTORY EXCEPTIONS: You acknowledge and agree that the limitations of liability set
forth herein are fundamental elements of the agreement between you and Shivam
Sevaa (OPC) Pvt. Ltd. and that the pricing and business model of the
Website have been established in reliance upon such limitations.
·
Nothing in this clause shall exclude or limit liability:
·
For death or personal injury caused by the Company’s negligence;
·
For fraud or fraudulent misrepresentation;
·
For gross negligence or willful misconduct; or
·
To the extent such exclusion or limitation is not permitted under
applicable law, including the Consumer Protection Act, 2019 or other
statutory rights available to you as a consumer.
·
In all such cases, the Company’s liability shall be limited to the
minimum extent necessary to comply with applicable law.
10. INDEMNIFICATION
10.1.
SCOPE OF INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Shivam Sevaa (OPC)
Private Limited, its parent company, subsidiaries, affiliates, successors,
licensees, officers, directors, employees, agents, distributors,
representatives, and assigns (collectively referred to as “the Indemnified
Parties”), from and against any and all claims, actions, demands,
proceedings, losses, liabilities, damages, judgments, penalties, fines, costs,
and expenses (including, without limitation, reasonable legal and
attorneys’ fees) arising out of or related to:
a.
Your use, misuse, or inability to use
the Website, its content, or any products purchased through it;
b.
Any violation or alleged violation of
these Terms and Conditions, the Privacy Policy, or any other applicable Company
policy;
c.
Any actual or alleged violation of
applicable laws, rules, or regulations (including, without limitation, consumer
protection, data protection, and advertising standards);
d.
Any infringement or alleged
infringement of intellectual property rights, defamation, privacy, publicity,
or other proprietary rights of a third party caused by content or information
you submit, post, transmit, or otherwise make available through the Website;
e.
Any misrepresentation, false claim,
or unauthorized representation made by you while acting as a customer, user, or
independent distributor of Shivam Sevaa; o
f.
Any breach of your obligations under
any applicable contract or law in connection with your activities on or through
the Website.
10.2.
COMPANY’S RIGHT TO CONTROL DEFENSE:
Shivam Sevaa (OPC) Pvt. Ltd. reserves the right, at its sole discretion
and expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you. In such an event:
· You
agree to fully cooperate with Shivam Sevaa and its legal
representatives in asserting any available defenses;
· You
shall not settle or compromise any claim or matter without the prior written
consent of Shivam Sevaa; and
· The
Company retains the right to participate in the defense of any such claim
through its own counsel at its own expense.
10.3.
Continuing Obligation:
Your indemnification obligations shall survive:
· The
termination, suspension, or deactivation of your user account;
· The
discontinuation of access to the Website; and
· The
expiration or termination of these Terms and Conditions.
· This
clause ensures that Shivam Sevaa (OPC) Pvt. Ltd. and its representatives
remain protected against any potential claims, damages, or liabilities that may
arise due to your conduct or breach, even after your engagement with the
Website has ended.
11. SUSPENSION
AND TERMINATION
11.1.
TERMINATION OR SUSPENSION BY SHIVAM
SEVAA:
a.
Shivam Sevaa (OPC) Private Limited
reserves the right, at its sole and absolute discretion, to suspend, restrict,
or permanently terminate your access to the Website, your user account, or your
distributor privileges (if applicable), with or without prior notice, under any
of the following circumstances:
· You
have violated or are suspected of violating these Terms and Conditions, the
Privacy Policy, or any other policy, code of conduct, or guideline issued by Shivam
Sevaa;
· You
have engaged in fraudulent, abusive, unethical, or illegal activities,
including but not limited to misrepresentation, misuse of promotional schemes,
impersonation, or misuse of intellectual property;
· You
have posted, uploaded, or transmitted any content that is offensive,
defamatory, obscene, misleading, or otherwise objectionable;
· You
have caused harm to Shivam Sevaa’s reputation, goodwill, or operations,
or have misused the platform in a manner that threatens its security or
integrity;
· You
have engaged in chargeback fraud, unauthorized transactions, or other
activities that compromise the payment system or harm customers or
distributors;
· Required
by any applicable law, regulation, court order, or governmental directive.
b.
At our discretion, we may remove or
disable access to any content or data you have submitted if we reasonably
believe it violates applicable law or these Terms.
c.
In the case of minor or potentially
curable breaches, Shivam Sevaa may (but is not obligated to) issue a
warning notice or allow a reasonable opportunity to rectify the issue before
suspension or termination.
d.
Upon termination of your account:
· Your
right to access and use the Website will immediately cease.
· Any
pending transactions or orders not yet fulfilled may be canceled, and refunds
(if applicable) will be processed at our discretion.
· Shivam
Sevaa shall not be liable for any losses, profits,
commissions, goodwill, or compensation resulting from such termination.
e.
The following provisions will survive
termination of your account: Intellectual Property Rights, Indemnification,
Limitation of Liability, Disclaimer of Warranties, and Governing Law and
Dispute Resolution.
11.2.
TERMINATION OR DISCONTINUATION BY
USER: You may choose to discontinue your use of the Website
at any time. To delete your account, you may contact our customer support at
support@shivamsevaa.com with a verified request. Upon processing your request:
· Your
account will be deactivated, and you will lose access to all personalized
services and purchase history;
· Certain
transactional or regulatory information may still be retained by Shivam
Sevaa in accordance with our Privacy Policy and as required under
applicable data retention and financial record-keeping laws (such as the
Information Technology Act, 2000, and Income Tax laws);
· Account
deletion does not automatically cancel or refund any pending transactions or
existing commitments made prior to the request.
11.3.
TERMINATION OF DIRECT SELLER STATUS: If
you are enrolled as a Direct Seller / Independent Distributor under Shivam
Sevaa’s direct selling program, the following specific terms apply upon
termination:
· Upon
termination, whether voluntary (resignation) or involuntary (by Company
decision), you must immediately cease representing yourself as a Shivam Sevaa
distributor, including halting use of the Company’s name, logos, trademarks,
promotional materials, and product listings;
· You
must refrain from contacting your downline or customers for business purposes
under the Shivam Sevaa brand;
· Shivam
Sevaa reserves the right to reassign or restructure any
network, downline, or distributor hierarchy under you in accordance with its
internal policies and the Consumer Protection (Direct Selling) Rules, 2021;
· Subject
to eligibility, Shivam Sevaa may offer a buy-back or repurchase of your
unsold inventory, typically up to 90% of the original purchase price, provided
that:
o The
products were purchased within the preceding 12 months;
o They
are in resalable condition (unopened, undamaged, and unexpired); and
o The
termination was not due to misconduct, fraud, or violation of company policies.
All such repurchases will
be handled as per Shivam Sevaa’s Direct Seller Agreement or any
subsequent company policy issued in compliance with government regulations.
12. GOVERNING
LAW AND DISPUTE RESOLUTION
12.1.
GOVERNING LAW: These
Terms and any transaction, interaction, or relationship arising between you and
Shivam Sevaa (including any order, payment, membership, direct selling
activity, or participation in our initiatives) shall be governed by and
construed strictly in accordance with the laws of India. The applicability of
any foreign laws or conflict of law principles that may direct the application
of the law of another jurisdiction is expressly excluded.
All
content, products, and services on the Website are intended solely for access
and use within the territory of India. If you access or use the Website from
outside India, you do so at your own risk and are responsible for compliance
with the local laws of your jurisdiction, to the extent they are applicable.
12.2.
JURISDICTION: You
acknowledge and agree that the courts and appropriate legal forums located in
Belagavi, Karnataka, India, shall have exclusive jurisdiction to entertain and
adjudicate any dispute, claim, or controversy (including those arising from
non-contractual obligations) related to or connected with:
· Your
use of the Website,
· The
interpretation, performance, validity, or breach of these Terms, or
· Any
transaction or communication with Shivam Sevaa.
· You
irrevocably consent to the jurisdiction of such courts and waive any objection
to the venue or inconvenience of the forum.
Notwithstanding
the foregoing, Shivam Sevaa retains the right to institute proceedings
or seek enforcement of orders in any jurisdiction where you are located or
where assets relevant to the dispute are situated.
12.3.
DISPUTE RESOLUTION PROCEDURE: We
are committed to resolving disputes in a fair, transparent, and timely manner.
Accordingly:
a. Initial
Resolution Attempt: In the event of any concern, disagreement,
or dispute, you are encouraged to first contact our Grievance Officer or
Customer Support Team using the contact details provided in these Terms. You
must provide a clear written statement of your complaint, including relevant
supporting documents, transaction details, and your preferred mode of
resolution. We will acknowledge your complaint within 48 hours and aim to
resolve it within 30 (thirty) days in accordance with applicable consumer
protection and e-commerce guidelines.
b. Escalation:
If
the dispute is not resolved satisfactorily through our internal grievance
redressal process, either party may pursue legal recourse as outlined under
Clause 12.2 above.
c. Mediation
(Optional but Encouraged): Before initiating formal proceedings,
both parties may mutually agree to refer the matter to voluntary mediation
through a qualified mediator or an institution recognized under the Mediation
Act, 2023 or any subsequent legislation. The mediation shall be conducted in
Belagavi, Karnataka, in English or Kannada, and each party shall bear its own
costs unless otherwise agreed.
d.
Injunctive or Equitable Relief: Nothing
in this clause shall limit Shivam Sevaa’s right to seek immediate
injunctive, equitable, or interim relief from a competent court in Belagavi to
prevent irreparable harm, protect intellectual property, safeguard confidential
information, or restrain unlawful activities.
e.
Limitation Period: Any
claim or cause of action arising under or related to these Terms must be
initiated within one (1) year after the cause of action arises, failing which
such claim shall be permanently barred, unless otherwise required by applicable
law.
12.4.
CONSUMER DISPUTE REDRESSAL:
a.
Applicability of Consumer Protection
Laws: If you are a consumer availing products, services, or
participating in any sales or promotional programs offered by Shivam Sevaa,
you are entitled to protection under the Consumer Protection Act, 2019
and the Consumer Protection (E-Commerce) Rules, 2020.
We are committed to fair business practices, transparency, and ethical conduct
in all our transactions and communications with consumers, members, and
associates.
b.
Grievance Redressal Mechanism:
In compliance with Rule 5(4) of the Consumer Protection (E-Commerce) Rules,
2020, Shivam Sevaa has established a Grievance Redressal Mechanism
to address consumer complaints and queries.
c.
You may raise any complaint or
concern by contacting our Grievance Officer:
· Grievance
Officer:
Ø Name:
[To be filled as per internal appointment]
Ø Email:
[Insert official grievance email ID]
Ø Phone:
[Insert official helpline number]
Ø Address:
[Registered Office Address of Shivam Sevaa, Belagavi, Karnataka]
· The
Grievance Officer shall acknowledge receipt of your complaint within 48
hours.
· All
complaints will be resolved within 30 days from the date of receipt, as
per the Consumer Protection (E-Commerce) Rules, 2020.
· You
will be informed in writing about the progress and final resolution of your
complaint.
d.
Consumer Mediation Cell and CCPA: If
your grievance is not satisfactorily addressed through our internal redressal
mechanism, you may escalate the issue to:
·
The District Consumer Disputes
Redressal Commission having jurisdiction over Belagavi, Karnataka; or
·
The Central Consumer Protection
Authority (CCPA) established under the Consumer Protection Act, 2019; or
·
The Consumer Mediation Cell, which
provides a platform for amicable settlement through recognized mediators before
litigation.
These
forums are empowered to handle disputes relating to unfair trade practices,
misleading advertisements, defective goods, or deficiency in services.
e.
Obligations of Direct Selling
Entities: If your complaint arises in connection with Direct
Selling activities of Shivam Sevaa (such as product purchases,
commissions, network relations, or representations by independent direct
sellers), such issues shall be addressed in accordance with the Direct
Selling Guidelines, 2021, issued by the Ministry of Consumer Affairs.
f.
Accordingly:
·
We maintain a comprehensive complaint
record for at least three years for audit and compliance purposes.
·
If the issue concerns a specific direct
seller, we will initiate a verification and, if necessary, disciplinary action
in accordance with our internal policies and applicable law.
·
You may also approach the State
Consumer Protection Authority or the CCPA if you believe there has
been a violation of the Direct Selling Guidelines or any unfair trade practice.
g.
No Waiver of Statutory Rights: Nothing
in these Terms shall be construed to limit or exclude your statutory rights as
a consumer under the Consumer Protection Act, 2019 or any other
applicable Indian law.
This dispute redressal framework is designed to supplement, not replace, your
rights under law.
h.
Transparency and Cooperation: Shivam
Sevaa shall cooperate fully with any investigation or proceeding initiated
by consumer authorities, including providing access to records, communications,
and transaction details as may be lawfully required.
We are committed to resolving consumer disputes with integrity, fairness, and
accountability.
13. CHANGES
TO THESE TERMS
13.1.
Right to Modify: Shivam
Sevaa (OPC) Private Limited reserves the absolute right, at its
sole discretion, to modify, amend, or update these Terms and Conditions at any
time. Such changes may be necessary to:
· Reflect
updates or changes in our business practices or operational requirements;
· Ensure
compliance with applicable laws, regulations, or government directives;
· Incorporate
new features, services, or payment methods on the Website;
· Address
feedback, security considerations, or technological advancements.
13.2.
Notification of Changes:
· The
revised Terms will be posted on the Website with a clearly visible “Last
Updated” date.
· In
the event of significant changes affecting your rights, obligations, or legal
relationship with Shivam Sevaa, we may additionally notify registered
users via email or through a prominent notice on the Website.
· Minor
changes, such as clarifications, formatting updates, or editorial corrections,
may not be individually notified.
13.3.
Your Responsibility to Review: It
is your responsibility to periodically review these Terms and Conditions for
updates. Continued access to or use of the Website, your account, or any
products/services after the posting of updated Terms constitutes your
acceptance and agreement to the revised Terms.
13.4.
Non-Acceptance of Changes: If
you do not agree with any updated or revised Terms, you must:
· Immediately
stop using the Website; and
· Request
deletion of your account (if applicable) and any personal information, in
accordance with our Privacy Policy.
Failure to discontinue
usage after the updated Terms are posted will be deemed acceptance of the
revised Terms.
13.5.
Effective Date of Changes: Unless
specified otherwise, changes to these Terms take effect immediately upon
posting on the Website. Certain updates may include a specific effective date,
which will be clearly stated.
14. CONTACT
INFORMATION AND GRIEVANCES
If you have any questions, concerns,
or complaints regarding these Terms or the Website, you may contact us at:
For
grievances or escalations, especially related to direct selling or consumer
rights, you may reach out to our designated Grievance Redressal Officer at the
above contact details or via the Grievance Cell form on our website. We will
acknowledge your grievance within 48 hours and strive to address it within one
month, as per applicable guidelines. If you are unsatisfied with the
resolution, you may seek further recourse as per law.