Please read the following terms of use (“Terms”) carefully before accessing or using this website  www.worldofasaya.com (“Website”).

These Terms govern the use of this Website by the users of the Website (“User” or “You” or “Your”). Accessing, browsing or otherwise using this Website will be construed as Your unequivocal and irrevocable acceptance and acknowledgment to the Terms and binding policies hereof. If You disagree with these Terms or any part of these Terms, You must not use this Website.

This Website is owned, managed and maintained by Wellspring Consumer Private Limited (Formerly Kay Consumer Products Private Limited), a private limited company incorporated under the Companies Act, 1956 with its registered office located at The Bay, 3^rd Floor, Nivaranpur, Ranchi 834 001, India and corporate office situated at S5A and S6A, II Floor, Alpha Building, Sigma Soft Tech Park, Palm Meadows, Whitefield Bangalore 560 066, India (the “Company” or “Wellspring Consumer Private Limited” or “Wellspring Consumer” or “We” or “Us” or “Our”). 

The use or access of this Website by You is subject to these Terms along with the privacy policy and other policies which are incorporated herein by reference, which deem to constitute a legally binding contract between the User and the Company.

The Company may update, modify, amend or change these Terms at any time, with or without any prior notice in advance. It is Your responsibility to periodically review these Terms for any updates and changes and Your continued use of the Website will be considered as Your deemed acceptance to such updates and changes.

This Website uses cookies. By using this Website and agreeing to these Terms, You consent to Wellspring Consumer’s (Formerly, Kay Consumer Products Private Limited) use of cookies in accordance with the terms of Wellspring Consumer Private Limited (Formerly Kay Consumer Products Private Limited) Privacy Policy.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.

Transaction on the Website is available only to persons who are competent to contract under the Indian Contract Act, 1872. You represent and warrant to the Company that: (a) You are 18 (eighteen) years of age or older and You shall not fall within the definition of “incompetent to contract” within the meaning of Indian Contract Act, 1872; and (b) Your use of the Website will not violate any applicable law or regulation. We reserve the right to terminate Your Account and/ or refuse to provide You access to the Website if it is discovered that You are incompetent to contract within the meaning of the Indian Contract Act, 1872 or the information provided by You is inaccurate or if You violate any applicable laws.

From time to time this Website may also include links to other websites that are not affiliated with the Company. These links are provided for Your convenience to provide further information. They do not signify that We endorse those website(s). We have no responsibility for the content of the linked website(s). 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.

License to use Website
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Website and material on the Website. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, access, and use the Website.

Acceptable Use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express prior written consent from the Company.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without sole and express prior written consent from the Company.

Restricted Access
Access to certain areas of this Website may be restricted. Wellspring Consumer Private Limited (Formerly Kay Consumer Products Private Limited) reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at Wellspring Consumer (Formerly Kay Consumer Products Private Limited) sole discretion.
If Wellspring Consumer (Formerly Kay Consumer Products Private Limited) provides You with a user account and password to enable You to access restricted areas of this Website or other content or services, You must ensure that the user ID and password are kept confidential.
Wellspring Consumer (Formerly Kay Consumer Products Private Limited) reserves the right to disable Your user account in Wellspring Consumer’s (Formerly Kay Consumer Products Private Limited) sole discretion without notice or explanation.

Intellectual Property, Software and Content
All content on this Website including the logo, graphics, text, design, images, videos, illustrations, logos, button icons, software code, interface, etc. and the collection, arrangement and assembly of the content (“Content”) belong to the Company and the intellectual properties, software and content of the Company are protected by appropriate legislations. No part of the Content shall be copied, downloaded, modified, displayed, distributed, transmitted or published without prior, written permission from the Company. All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

User Content and Submission
In these Terms, “user submissions” means material (including without limitation text, images, audio material, video material and audio-visual material) that You submit to this Website, for whatever purpose.

Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) welcomes Your comments about Your experiences shopping with us and Your suggestions about how to improve the Website. The Website permits the submission of written works, photos, audio files, videos or other communications submitted by You and other Users of the Website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content You contribute to Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) or the Website (including the name You submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive, unconditional and worldwide right and license for Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) does not guarantee any confidentiality with respect to any such submissions. Furthermore, You agree and acknowledge that Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) may publish Your name and/or Your submissions on the Website, Wellspring Consumer’s (Formerly Kay Consumer Products Private Limited) managed social media, advertising, print material or in any other press releases of media items.

In relation to Your User Submission You covenant, represent and warrant that:
You own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms.

In connection with Your User Submissions, You agree that You will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

You agree and acknowledge that Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) expressly disclaims any and all liability in connection with User Submissions. Furthermore, Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) reserves the right to remove content and User Submissions without any prior notice.

No User Submissions may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of Wellspring Consumer Private Limited (Formerly Kay Consumer Products Private Limited). Any unauthorized use immediately terminates the permissions granted in these Terms.

Payment

All payments made on the Website shall only be in Indian Rupees. The price applicable is that set at the date on which You place Your order. Shipping costs and payment fees are recognized before confirming the purchase. You agree and acknowledge that You will have to make the requisite payment for the products availed by You on the Website. The Company accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Website from time to time. Card information is transmitted securely through a third party. Since Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) does not control the same, it shall have no role to play in case of any dispute related to payments/refunds. It is expected that User shall contact the third-party payment gateway and/or the bank for any issues related to payment for products purchased through the Website. The collection and usage of payment-related information is governed by the policies of the payment gateway provider. Upon payment of the consideration for the products or Your undertaking to pay for the product (in case of cash on delivery), the Product shall be delivered to You.

No Warranties
This Website is provided “as is” without any representations or warranties, express or implied except if otherwise specified in writing.

Occasionally there may be information on Our Website that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, transit times and availability of the products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after You have submitted Your order). We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law.

Without prejudice to the generality of the foregoing paragraph, Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) does not warrant that this Website will be constantly available in full or in part, or available at all.

Nothing on this Website is meant to constitute, advice of any kind.

We reserve the right, but are not obligated, 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. We reserve the right to limit the quantities of any products that We offer. All descriptions of products or product pricing are subject to change at any-time without notice, at the sole discretion of Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited). We reserve the right to discontinue any product at any time without any prior notice.

Limitations of liability
"NOTWITHSTANDING ANYTHING TO THE CONTRARY, WELLSPRING CONSUMER PRIVATE LIMITED’S (FORMERLY KAY CONSUMER PRODUCTS PRIVATE LIMITED) AGGREGATE LIABILITY FOR USE OF THIS WEBSITE OR IN ANY OTHER SITUATION WHATSOEVER, SHALL BE LIMITED TO A MAXIMUM OF THE SUM PAID BY THE USER AND SUM RECEIVED BY WELLSPRING CONSUMER PRIVATE LIMITED (FORMERLY KAY CONSUMER PRODUCTS PRIVATE LIMITED) FOR THE CONCERNED ORDER. HOWEVER, WELLSPRING CONSUMER PRIVATE LIMITED (FORMERLY, KAY CONSUMER PRODUCTS PRIVATE LIMITED) SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY IF SUCH LOSS IS CAUSED DUE TO NEGLIGENCE OR OTHER REASONS ATTRIBUTABLE TO THE USER/BUYER. IN NO EVENT SHALL WELLSPRING CONSUMER PRIVATE LIMITED (FORMERLY, KAY CONSUMER PRODUCTS PRIVATE LIMITED) BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF WHETHER WELLSPRING CONSUMER PRIVATE LIMITED (FORMERLY, KAY CONSUMER PRODUCTS PRIVATE LIMITED) (A) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) IS NEGLIGENT.

The Company will try to make access to and use of the Website error-free. However, Your access to the Website may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that the Company does not take responsibility for any access or use problems that arise from internet related issues at Your end. The Company reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.

Reasonableness of Terms

By using this Website, You agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If You do not think they are reasonable, You must not use this Website.

Other parties

You accept that, as a limited liability entity, Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) has an interest in limiting the personal liability of its officers and employees. You agree that You will not bring any claim personally against Wellspring Consumer Private Limited’s (Formerly, Kay Consumer Products Private Limited) officers or employees in respect of any losses You suffer in connection with the Website.

Without prejudice to the foregoing paragraph, You agree that the limitations of warranties and liability set out in this website disclaimer will protect Wellspring Consumer Private Limited’s  (Formerly, Kay Consumer Products Private Limited) officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Wellspring Consumer private Limited (Formerly, Kay Consumer Products Private Limited).

Indemnity

You agree to indemnify, defend and hold harmless Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited), its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms; and (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of Your User Submissions caused damage to a third party; and (v) use of the User Submissions by Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited).

To the fullest extent permitted by law, in no event shall the Company or any of its affiliates, holding companies, group companies, subsidiary companies, directors, officers, employees, agents, contractors or content or service providers be liable to You for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or for any other claim related in any way to Your use of the Website including, but not limiting to, any error or omissions in the Content, materials and functions related thereto, the services offered on the Website, provision of information via the Website, lost business. In the event the applicable laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, then the liability shall be limited to the maximum extent permitted by law.

Privacy Policy

Your submission of personal information through the Website is governed by Our Privacy Policy, which is incorporated herein by reference. Read our Privacy Policy here.

Breaches of Terms

Without prejudice to Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) other rights under these Terms, if You breach these Terms in any way, Wellspring Consumer private Limited (Formerly, Kay Consumer Products Private Limited) may take such action as Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) deems appropriate to deal with the breach, including suspending Your access to the Website, prohibiting You from accessing the Website, blocking computers using Your IP address from accessing the Website, contacting Your internet service provider to request that they block Your access to the Website and/or bringing court proceedings against You.

Assignment

Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) may transfer, sub-contract or otherwise deal with Wellspring Consumer Private Limited’s (Formerly, Kay Consumer Products Private Limited) rights and/or obligations under these Terms without notifying You or obtaining Your consent.

You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these Terms.

 Force Majeure

Notwithstanding anything contained in these Terms or elsewhere, Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) 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 Wellspring Consumer Private Limited (Formerly, Kay Consumer Products Private Limited) 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.

 

Governing Law and Jurisdiction

These Terms are to be construed in accordance with the laws of India and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka.

Grievance Officer

The User may submit any grievance with respect to the Website to the Grievance Officer at:

Name : Sourish Mittra

Address : S5A and S6A, II Floor, Alpha Building, Sigma Soft Tech Park, Palm Meadows, Whitefield, Bengaluru, Karnataka, India 560 066

E-mail ID : asayacare@wellspringconsumer.in

Phone number: 1800-309-9355