Terms and Conditions

TERMS OF USE
www.theenk-tea.com(“www.theenk-tea.com,” “we,” “us,” or “our”) welcomes you.  We provide you access to our products and services through our “Website” or “Platform” (defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you.  By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Service and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then please do not use the Website.

DEFINITIONS

 “Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you; 
“Goods” or “Products” is a reference to any goods which we may offer for sale from our Website from time to time; 
“Privacy Policy” means "www.theenk-tea.com” the policy displayed on our Website which details how we collect and store your personal data; 
“Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website; 
“Buyers”, “User”, “you”,” your” and “yours” are references to you the person accessing this Website and ordering any product or taking any service from the Website. User shall also refer to the company, partnership, sole trader, person, body corporate or association taking services of this website;
“we”, “us” and “our” are references to KABA HERBS or www.theenk-tea.com ; 
”Website” or "Platform" shall mean and include "www.theenk-tea.com”, mobile application of the Company, any successor website/applications, any website of the Company’s affiliates or any other channel facilitated and permitted by the Company;
"Applicable Law" means in respect of a person, any statute, law, regulation, ordinance, rule, judgment, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority or other requirements of any governmental or regulatory authority, to which such person is subject;
"Buyer” or “User” Account shall mean an electronic account opened by the Buyer/User with the Platform to purchase the Products or take the services offered through the Platform;
Interpretation
All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
Words importing any gender shall include all the other genders.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

Acceptance. By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the terms of the Agreement identified above. If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.

Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party.

SERVICES

This website theenk-tea.com is an online platform for the purchase of Theenk and other merchandise (“Products”). THEENK is a carefully selected blend of powerful herbs, designed by our experienced herbalist to help you tackle your daily challenges- one teabag at a time. By combining some of the favourite herbal ingredients of Ayurvedic medicine, THEENK is designed to fit perfectly into your busy twenty-first-century lifestyle.
The Services and Products are offered to the Users through various modes which may include the issue of coupons and vouchers that can be redeemed for various Products.

ORDERING

Any order for the supply of Product or Services from this Website is between you and KABA HERBS. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are your own credit or debit card and that you have sufficient funds to make the payment.
Product purchased from this Website is intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services. 
When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the product or services available for sale on the Website and to discontinue any product line or service.
The contract for the products or services will be accepted at the time of installation of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.

EXCLUSION OF LIABILITY

In no event shall KABA HERBS, nor its directors, employees, partners, agents, suppliers, or affiliates, be responsible for any indirect, incidental, special, eventful or exemplary damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether or not based on warranty, contract, civil wrong (including negligence) or any other legal theory, whether or not we've been aware of the likelihood of such harm, and even if a remedy set forth herein is found to have failed of its essential purpose.
 
 
USE RESTRICTION

This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
 

PRICES AND PAYMENT 

All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are exclusive of the relevant sales tax. 
The total price for product or service ordered, will be displayed on the Website when you place your order. 

 

DESCRIPTION OF SERVICE AND PRODUCTS

The Company provides an opportunity for you to purchase the Products from the Company Website. Upon placing an order, the Company shall ship the Product to You and will be entitled to its payment for the Services.
All Products and information displayed on the Website constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject your offer in its sole discretion which cannot be contested by you.
The Company, to the best of its knowledge, has displayed or attempts to display on the Website/s as accurately as is possible, colours of the Products that is displayed on the Website. However, the colours visible to you is solely dependent on your computer or Mobile Screens. Hence, no guarantee is provided by the Company regarding your visibility of the colours on the Website or other Mobile Mediums
The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website is not as described, your sole remedy is to return it in unused, unsoiled and resale condition.

BUYER’S OBLIGATION AND COVENANTS TOWARDS THE PRODUCTS

In addition to Buyer’s other covenants in this Agreement, by ordering Product/s on the Website/s You acknowledge and agree that:
That any non-delivery or wrong delivery of the Products by the Company due to an error in the information provided by Buyer, then, any re-delivery cost in addition to the initial cost will be billed to the Buyer;
All information provided by the Buyer including their contact details, name and address, bank or card details are theirs and authentic and there is no misrepresentation or fraudulent act from their end;
That before placing an order Buyer will check the Product description carefully. By placing an order for a Product Buyer agree to be bound by the conditions of sale included in the item's description.
 

GENERAL CONDITIONS

 

• You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;

• You will not upload, post, e-mail, transmit or otherwise make available any content that:infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; oris defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

• You will not “stalk,” threaten, or otherwise harass another person;

• You will not access or use the Website to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   

• You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

• You will let us know about inappropriate content of which you become aware.  If you find something that violates any law, please let us know, and we’ll review it.

• We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content.

 

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Website or Services following notice of the Changes (or posting of the Terms incorporating the Changes in the event your email address is no longer valid, is blocked, or is otherwise not able to receive the notice) will mean that you accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the Website.

PRODUCTS

We reserve the right, but not the obligation, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.
We do not warrant that the quality of any Product, information, or other material purchased or obtained by You will meet Your expectations, or that any defects in the Products will be corrected.
 

THIRD PARTY LINKS

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

FEEDBACK

You may provide us with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, "Feedback"). If you submit Feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: 
(a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and 
(b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).

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PERSONAL INFORMATION AND PRIVACY POLICY

By using this Website, you authorise us to use, store or otherwise process your personal information in order to provide the website Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy. 
 

ERRORS, INACCURACIES AND OMISSIONS
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

 

DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
 
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

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COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be owned by us or third parties.   Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
 

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
 

TERMINATION

Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: 
(a) We will cease providing the Services; 
(b) you will not be entitled to any refunds or usage fees, or any other fees, pro rata or otherwise; 
(c) any fees you owe to us will immediately become due and payable in full;
(d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

 

RETURNS

 

If the goods arrive faulty; misdescribed or if you simply change your mind, you have a right to seek a refund, replacement or compensation. 

 

If you wish to proceed with a refund, please return unopened, unused products in original condition within 14 days of purchase to:

 

KABA HERBS LTD

7 Bell Yard

WC2A 2JR

London

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We will let you know once we receive the returned goods and keep you updated on the progress of your refund. Please note that we will assess any refund claims on an individual basis. 

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ENTIRE AGREEMENT

These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and any modifications must be in a writing signed by both parties, except as otherwise provided herein.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles or conflicts of law. The competent courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the Platform.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

HOSTING SERVICES 
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services, incorporated within the Services and without which the Services could not be provided to you.

 

ASSIGNMENT
The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the Buyer.
 

CONTACT INFORMATION
If you have any questions about these Terms, please contact us at hello@theenk-tea.com