Our payment policy outlines the terms and conditions governing the payment process for products and services purchased through our Website. By making a purchase, you agree to adhere to the following payment terms.
Accepted Payment Methods
Credit and Debit Cards : We accept major credit and debit cards, including Visa, MasterCard, Rupay or any other. When placing an order, you will be required to provide your card information for processing.
Digital Wallets : Payments via digital wallets such as PhonePe, Google Pay, and others are accepted. You may select your preferred digital wallet during checkout and follow the on-screen instructions.
Bank Transfers : We may accept payments through direct bank transfers. Please ensure to reference your order number when making the transfer. Note that your order will only be processed once the payment is confirmed.
Cash on Delivery (COD) : Cash on Delivery is available for certain products and locations. This option will be visible at checkout if it is applicable to your order. Additional fees may apply.
Cancellation Policy
Our cancellation policy outlines the conditions under which cancellations are accepted and the procedures for requesting a cancellation.
Eligibility for Cancellation : Orders can be cancelled before they have been processed and shipped. Once an order has been shipped, it cannot be cancelled. For any assistance, please contact our customer service team and we will try our level best to accommodate your request, if possible.
Requesting a Cancellation : To cancel an eligible order, please contact our customer service team as soon as possible at help@takeskyway.com. Provide your order number and reason for cancellation.
Eligible Cancellations : For orders cancelled before shipping, a full refund will be issued to the original payment method within 5-10 business days of confirmation of the cancellation.
Ineligible Cancellations : If an order has already been shipped or production has started on custom products, it cannot be cancelled, and no refund will be issued. For any assistance, please contact our customer service team and we will try our level best to accommodate your request, if possible.
Refund Policy
Eligibility : Refunds are issued based on the cancellation policy and the condition of the returned product. To be eligible for a refund, the following conditions must be met;
- The product must be returned in its original condition and packaging;
- Proof of purchase, such as a receipt or order number, must be provided.
- The return request must be made within 48 hours of receiving the product.
Refund Process : Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. We reserve the right to issue you a refund without collecting or facilitating a return. In such cases, you may be eligible for a refund and would keep or discard the product as per your choice.If your return request is approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within 5-10 business days. If you require the payment to a different source, please contact us. However, no guarantee can be provided here. For COD orders, you may be required to share your digital wallet or bank details to be eligible for a refund.
Policy Change : Farsight Consumer Brands Pvt. Ltd. reserves the right to modify this refund and cancellation policy at any time. Any changes will be effective immediately upon posting on our Website. It is your responsibility to review this policy periodically for updates.By making a purchase on our Website, you acknowledge and agree to abide by our refund and cancellation policy as stated above.
Overview
- The following Terms of Use (referred to as the "Terms") outline the conditions governing your access to and use of the Farsight Consumer Brands Private Limited’s website : www.takeskyway.com, along with any related sub-domains, websites, social media properties, digital or physical assets, applications, and platforms (collectively referred to as the "Website", “App”, or "Platform"). These services are operated by Farsight Consumer Brands Pvt. Ltd. and/or its subsidiaries, successors, affiliates, or permitted assignees (referred to as the "Company," "Us," "We," “Our", “Farsight”) bearing CIN U10501MH2023PTC414149. These Terms constitute an electronic agreement that establishes the legally binding terms governing your use of Farsight, whether you are a registered Member or simply a visitor to our Website (each referred to as a "Member", “User” or "You"). We offer this Website, including all information, tools and services available from this Website to You, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. If you do not agree to all the terms and conditions of these Terms of Service or unable to be legally bound by these Terms of Service, then you may not access the Website or use any services or otherwise click to accept these Terms of Service, if and when prompted on the Website.
- By visiting our Website and/or purchasing any product listed on the Website, through the Website, you engage in our services provided via the Website (“Service”) and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein. You are required to read these Terms of Service and access and read all further posted information, if any, referred to in these Terms of Service, as such information contains further terms and conditions that apply to you as a user of the Website. Such linked information including but not limited to our privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms of Service.
- We retain the right to periodically revise these Terms, and any such revisions or updated versions will be accessible through a link on the Services. If changes are made that appear to diminish your rights or increase your responsibilities, we will provide prior notice upon the Website and it is crucial for the Users to promptly monitor the Terms and Conditions before and after the changes become effective. It is essential to understand that these alterations will not apply to any claims filed before the effective date of the revised Terms that incorporate these changes. We strongly advise that you regularly revisit this page to stay informed about the most recent updates to our Terms.
- Your continued use of the Website following the implementation of any revisions shall constitute your clear and unequivocal acceptance of the updated Terms. By using the Website or Services after such modifications, you explicitly consent to and agree with the revised Terms. In the event that any changes to the Terms significantly impact your rights related to the use of the Services, you retain the option to either terminate your use of the Services or deactivate your Account. Furthermore, without prejudice to any of your rights, we reserve the right to refuse service to any individual or entity, for any reason, at any time.
- We grant you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Website. A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Website and the Service.
Eligibility
- By accessing or using this Website, you affirm that you are at least 18 years of age or the age of majority as per the laws of your jurisdiction. To gain access to and employ our Services, you must meet the minimum age requirement of 18 years or the legal age mandated within your jurisdiction, should it be higher. Additionally, you must not be barred by the Indian Contract Act-1872, Indian Majority Act-1875, or any other pertinent statutes which declares you as person of age of majority from utilising our Services. Our Services are exclusively intended for personal, non-commercial purposes unless a distinct commercial agreement has been established by us. It is imperative to acknowledge that you are prohibited from availing our services if your account(s) have been terminated by us or if you have been lawfully or by our own terms, banned from utilising them. Individuals under 18 can only access our Services under parental or legal guardian supervision. It is essential to understand that minors or children cannot independently register on the platform. If a minor or child uses Farsight, it is assumed that their parent or guardian has granted permission for their access by agreeing to the Website's terms, and that the usage is supervised by the parent or guardian. By agreeing to these terms, you warrant and represent that you meet the eligibility requirements mentioned herein. Farsight reserves the right to terminate your access or use of the services provided herein if it is discovered that you do not meet the specified eligibility criteria. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms of Service.
Opening an Account
- The Website allows only limited and restricted access to the Service for unregistered users.
- As part of the sign-up process, you will have to create an account on the Website (“User Account”), which can be done either by signing up, through your personal information or through such other means as may be indicated by us from time to time. In case of login through a personal email address, you will be required to provide an email address and a password. While signing-up with us, you shall not (a) create an Account for anyone other than yourself, unless such person’s prior permission has been obtained; or (b) create an Account that is the name of another person with the intent to impersonate that person. users must complete the registration process on the Website. Registration is a one-time process and is free of any hidden charge. Users can register by creating an account on the Website, where they will be required to provide relevant personal information like Name, Email – ID, Date of Birth, Address and phone number among other details. Subsequently, an account with an exclusive username and password may be created by us for the users.
- It is the user’s sole responsibility to maintain the confidentiality of the login credentials for their account, and the users agree not to share them with any third parties. You further agree to notify Farsight immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by Farsight or any other user of or visitor to the Website due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Farsight cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Website and the Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
General Conditions
- We use third-party services for online payment transactions. These third-party services are responsible for the authenticity and security of any personal data you provide, including debit/credit card information and other confidential information. By using our services, you agree to review and comply with the privacy policies and terms of use governing your personal information as provided by these third-party payment services. We advise you to carefully read and understand these policies to ensure the protection of your data. We are not liable for any issues arising from the handling of your information by these third-party services.
- By using our services, you acknowledge and agree that we may engage with additional third-party services beyond those explicitly listed in these Terms. We reserve the right to incorporate such third-party services for any business purpose we deem appropriate. The selection and engagement of these third-party services shall be at our sole discretion.
- Our Website may include content, products, and services that feature third-party materials, links, or interactive functionality with third-party websites. The presence of such third-party materials, links, or interactive functionality does not signify any sponsorship, endorsement, or affiliation with the third parties or their materials.
- Links to third-party websites on this Website may direct you to sites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any third-party materials or websites. We do not guarantee and will not be liable for any third-party materials, websites, or any other materials, products, or services provided by third parties.
- We are not liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with any third-party websites. We strongly advise you to review the policies and practices of third parties carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
General Undertakings
Any User using the Services undertakes and agrees not to:
- Utilise Farsight or its Services for any illicit purposes or in any manner that breaches laws, encompassing privacy, intellectual property, anti-spam, tax regulations, or any other relevant and applicable rules, notifications, statutes;
- Introduce viruses, worms, Trojan horses, or any other malicious code to SpeedTurtle, its Platform, or through any of its Services;
- Provide inaccurate information during registration or post false, misleading, defamatory, or libellous content, including personal data;
- Use the Services for any purpose that is unlawful, injurious, menacing, abusive, harassing, defamatory, vulgar, offensive, indecent, pornographic, related to sexual conduct or nudity, suggestive, lewd, lascivious, or otherwise objectionable;
- Use the Services in a manner that violates any copyright, intellectual property, trademark, or trade secret;
- Attempt to circumvent or manipulate our fee structure, billing process, or payments owed to Us.Publish unsolicited advertisements or promote products related/unrelated to the Services in any manner without taking Our prior written;
- Interfere with or manipulate the feedback or rating system of Our Website;
- Modify, adapt, licence, sublicense, or translate the Service for personal or commercial use;Collect information about Users, including email addresses, without their and Our prior written consent;
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, access to the Service, or any contact on the Website through which the Service is provided, without our express prior written consent.
Authenticity of Information
- Our product is provided "as is" without any warranties or guarantees, express or implied. Use of our product is at your own risk. We will not be liable for any damages arising from the use or misuse of our product, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
- We do not warrant the accuracy, currency, suitability, reliability, or quality of the information or services provided on or linked through our platform, including translations, transcriptions, or any other general information captions. This information should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material provided on this website is at your own risk.
- We explicitly disclaim any responsibility for any unintended, objectionable, inaccurate, misleading, or unlawful content or services made available to users.
- The services may feature, contain, or link to sponsored third-party services or advertisements. The nature, type, scope, and targeting of these advertisements are subject to change.
- We expressly disclaim any responsibility for, and do not endorse, any third-party submissions, including linked advertisements and information related to third-party products and services.
- The website may include historical information about products or services, which is provided solely for reference purposes. We are under no obligation to update this information promptly, and we assume no responsibility for any inaccuracies that may result from changes over time, circumstances, or other factors. Users are advised not to rely solely on historical information for current decisions and should verify details from primary, accurate, and up-to-date sources. You understand and acknowledge that you are responsible for monitoring changes to this website.
- We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Modifications
- We do not guarantee stable prices, and the prices for our products are subject to change without prior notice on the Website. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We do not promise minor fluctuations; prices may fluctuate in accordance with product variations. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.
Products or service
- Certain products or services may only be available for purchase online through our Website. These items may have limited quantities and are eligible for return or exchange only in accordance with our Returns and Refunds Policy. We have taken meticulous care to accurately display the colours and images of our products on the Website. However, please note that variations in how colours appear on your computer monitor may occur, and we cannot guarantee that the colours will precisely match the actual product upon receipt.
- We reserve the right to restrict the sale of our services to any individual, geographic region, or jurisdiction. The discontinuation of any or all products and services provided on the Website may occur at our discretion on a case-by-case basis. Additionally, we retain the right to impose limits on the quantities of any products or services offered through the Website.
- Descriptions of products and pricing are subject to change at our sole discretion and without prior notice. Any offer for a product or service on this Website is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You acknowledge and agree that we provide access to tools on the Website “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any such tools. Any use by you of tools offered through the Website is entirely at your own risk and discretion.
- The provision of services on the Website may occasionally be interrupted due to maintenance, repairs, upgrades, or network or equipment failures. While we make every effort to maintain continuous access to the Website, all online services are susceptible to occasional disruptions and outages. We expressly disclaim any liability for any disruptions or losses you may incur as a result of such interruptions or outages.
- You agree, understand and acknowledge that the Website is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and Farsight, which shall strictly be construed by the Terms and Conditions mentioned herein.
- We reserve the right to reject your order at any time due to a change in circumstances. Such changes may include, but are not limited to, availability of products, pricing errors, or unforeseen issues that may affect the fulfilment of your order. If your order is rejected, you will be notified as soon as possible, and any payment made will be refunded in accordance with our refund policy. You are advised to go through the Returns and Refund policy.
Review and Other submissions
- By submitting any reviews, comments, or other content to our Website, you represent and warrant that you possess the necessary knowledge, skills, and judgement to make such reviews, comments, or any other content to our Website. You are solely responsible for ensuring that your Submissions are accurate, appropriate, and lawful.
- You may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on the Website, provided the content adheres to the following guidelines;
- Reviews, submissions, or comments must not:
- Be illegal, offensive, deceptive, misleading, abusive, indecent, or invasive of privacy;
- Be defamatory, libellous, obscene, pornographic, pedophilic, or menacing;
- Promote racism, bigotry, hatred, physical harm, or any form of harassment;
- Insult or harass individuals based on gender, race, ethnicity, or religion;
- Breach copyright, trademark, patent, confidentiality, privacy, or any other proprietary rights;
- Promote money laundering, gambling, or enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- Be harmful to minors or impersonate another person;
- Threaten the unity, integrity, defence, security, or sovereignty of any nation;
- Incite violence, obstruct the investigation of any offence, or insult other nations;
- Contain software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;
- Include political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam;
- Deceive or mislead the recipient about the origin of messages;
- In the event a user fails to comply with these guidelines, we reserve the right, but are not obligated, to remove, refuse, delete, or edit any content that, in our sole judgement, violates these Conditions of Use. We also reserve the right to terminate your permission to access or use this website;
- You will be the sole person responsible for any Submissions you post or otherwise provide on or through the Website. This includes, but is not limited to, ensuring that your Submissions do not violate any applicable laws, infringe on any third-party rights, or contain any false or misleading information. You further grant us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and licence to use, copy, share, distribute, display, publish, transmit, make available, reproduce, modify, adapt the reviews, submissions, or comments, and create derivate works of the reviews, submissions, or comments;
- You, being the originator of the reviews and submissions, are responsible for the reviews and submissions that you upload, post, publish, transmit or otherwise make available on the Website. You represent and covenant that your reviews and submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your reviews, submissions, or comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any reviews, submissions, or comments. You are solely responsible for any reviews, submissions, or comments you make and their accuracy. We take no responsibility and assume no liability for any reviews, submissions, or comments posted by you or any third-party;
- We may, but have no obligation to, monitor, edit or remove Review or Submission that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Communication
- By visiting our Website, you engage in electronic communication with us. When placing an order, you must provide a valid phone number. We may communicate with you via email, SMS, phone calls, notices on the website, or other modes of communication. For contractual purposes, you consent to receive communications from us, including transactional, promotional, and commercial messages related to your use of the website and orders placed on it. This communication may include updates, notifications, offers, and other information relevant to your interactions with Us.
Personal Information
- The data provided during registration will be securely stored and processed within our systems under your User Account, adhering to our Privacy Policy. Consequently, some information will be labelled as "Mandatory," while the remainder will be optional. You retain the discretion to augment your profile with supplementary information. This additional data has the potential to enrich your interaction with the Services.
- For the purpose to protect the personal data we commit to implementing stringent measures to protect your data in compliance with applicable laws and regulations.To protect your personal data from unauthorised access, use, or disclosure, we employ a comprehensive array of security measures. These measures are designed to address various potential threats and vulnerabilities, ensuring that your information remains secure throughout its lifecycle with us.
- You acknowledge and understand that while we strive to provide the highest level of security for your personal data, it is important to acknowledge the inherent limitations of any security system. No method of transmission over the Internet or method of electronic storage is entirely infallible. Despite our best efforts to protect your data, we cannot guarantee absolute security.
- You are solely accountable for safeguarding your login credentials, such as your username, password, and OTP (SMS password). By consenting, you affirm that you will not share your password with any third party and acknowledge full responsibility for any activities or actions carried out through your Member Account, regardless of authorization. By utilising our Services, you affirm that you possess the necessary rights, authority, and capacity to abide by these Terms.
- It is acknowledged that we use your personal information for our own business purposes, including but not limited to: Improving our Services; Personalising your experience; Communicating with you about updates, promotions, and other information related to our Services; Conducting research and analysis to enhance our Services; Ensuring compliance with our Terms and Conditions and other legal obligations.
- For the reason above, we may share your personal information with our affiliated companies, subsidiaries, or partners to support our business operations and provide you with integrated services. These parties are bound by confidentiality agreements and are prohibited from using your personal information for any purpose other than assisting us in delivering our Services.
- It is thereby further understood that we are committed to protecting your privacy and will not share, sell, or disclose your personal information to non-affiliated third parties without your explicit consent, except as described in this Terms and Conditions or as required by law. Non-affiliated parties are construed as individuals or entities that are not connected or associated to our company, website, organisation, subsidiaries, or partners involved in delivering our Services.
- If you wish to opt out of the use of your personal information for our business purposes, you must provide us with a written request. This request is to be sent via email or postal mail to the contact information provided at the end of this Policy. Upon receipt of your written request, we will process your opt-out request within a reasonable timeframe and will cease using your personal information for our business purposes. However, please note that opting out may limit your access to certain features or services.
Representations and Warranties
- You agree to use the services exclusively for lawful purposes and in accordance with these Terms and all applicable laws, regulations, and other legal obligations, including any contractual obligations towards us and third parties. By using Our Services, you confirm that you have carefully reviewed, understood, and agreed to comply with our Terms and Conditions, Privacy Policy along with the other Terms available on the Website, which are an integral part of these Terms. You acknowledge that your use of the Services must not infringe upon any applicable laws or third-party rights. You understand that you bear responsibility and potential liability if your use of the Services violates any laws or third-party rights. We permit users to share their experiences regarding individuals, entities, or groups within the context of the Services.
- When purchasing perishable and edible products on our Website, each perishable item will include a specified shelf life indicated on the product packaging or description. It is your responsibility to adhere to the instructions provided to ensure the proper storage and preservation of the product throughout its shelf life; Adhere to any storage or handling instructions provided with the product to maintain its freshness and quality; Verify the shelf life information provided on the product and use the product within the recommended period for optimal freshness; Understand that the quality and safety of perishable products can be affected by improper storage or handling beyond the recommended guidelines; By purchasing these perishable items, you acknowledge that proper adherence to the specified instructions is crucial for maintaining the quality and safety of the products.
- It is strongly advised that you take precautionary measures regarding the ingredients of products purchased through our Website. We recommend consulting a qualified healthcare professional if you have any concerns about allergies or health conditions related to specific ingredients; We explicitly disclaim liability for any allergic reactions or adverse effects resulting from ingredients that you did not consult a healthcare professional about or overlooked. It is your responsibility to ensure that you understand and consider any potential risks associated with the ingredients before using the products; By purchasing and using products from our Website, you acknowledge and accept that we are not liable for any allergic reactions or health issues arising due to your failure to consult a health professional or properly assess ingredient information.
- High-Protein Product Notice: This product is specifically formulated for individuals aged 18 and older who engage in regular exercise. It is not intended for minors/children. Parents or guardians are responsible for keeping this product out of reach of children. If a parent or guardian decides to allow their child to consume this product, whether before or after consulting with medical professionals, they assume full responsibility and we cannot and will not be held liable for any consequences that may arise.
- Furthermore, for people aged 18 and older, you are required to take responsibility for your own health and contact your medical professional prior to consumption or immediately after consumption shall any problems arise. We are not and will not be held responsible for any pre-existing medical condition, any new complications, or otherwise that you may attribute or assign to our product. By purchasing or consuming our product, you acknowledge that your health is influenced by several factors that are beyond the control of any single person or entity, including Farsight.
- Pregnancy Advisory: Pregnant women or any person using our Services should be aware that each pregnancy is unique. It is crucial to consult with a healthcare professional before using this product. We disclaim any liability for any adverse effects that may occur as a result of a pregnant woman using our product without appropriate medical advice.You agree that You will not;
- Impersonate another person, or use their email address or phone number, or misrepresent in any manner; Create accounts under false or fraudulent pretences; create or use an account for anyone other than yourself;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule, or regulation; Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate upon the privacy, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party; Submit anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner; Solicit or submit minors’ personal data;
- Except as expressly approved by us or as otherwise approved in these Terms, and subject to applicable laws, use the services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply an endorsement, sponsorship, or partnership of any kind without our express written permission;
- Send messages in violation of the Information Technology Act-2000 and Digital Personal Data Protection Act 2023 or any other applicable law and policies;
- Introduce software or automated agents to the services, or access the services so as to produce multiple accounts, generate automated messages, or to scrape, strip, or mine data from the services without our express written permission; "Frame" or "mirror" or otherwise incorporate part of the services into any website, or "deep-link" to any portion of the services without our express written permission (except in instances where we make such functionality available via an API or formal embedding feature);
- Interfere with, disrupt, modify, reverse engineer, publish, republish, display publicly, encode, decode, translate, transmit, distribute, or decompile any data or functionality of the Website or server; Interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services; and/or;
- Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the services; or attempt to circumvent any security feature of the Website or server.
Further We may, at our sole discretion:
- Stop (permanently or temporarily) providing the services or any features within the services to you or to users generally;
- Create limits on use and storage at our sole discretion at any time;
- In addition to other prohibitions as set forth in the Terms of Service, you agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that: belongs to another person or entity and to which you do not have any right, except as expressly provided in these Terms of Service; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever; is misleading in any way; is harmful to minors;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number);
- provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses; tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website; engages in commercial activities without our prior written consent such as engages in contests, sweepstakes, barter, advertising etc; interferes with another person’s use of the Website; impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States; refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Service;
- deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; and violates any applicable law for the time being in force.
- You acknowledge and accept full responsibility for any consequences resulting from your use of the Website. You expressly agree that under no circumstances shall we be liable to you for any liabilities or damages arising out of or related to your use of the Website.
- You agree and acknowledge that you shall not engage in any fraudulent, malicious, illegal, or unauthorised activities on the Website. You commit to complying with all applicable laws and regulations that govern your use of the Website. Additionally, you expressly agree and acknowledge that the services provided on the Website are intended for personal use only and not for commercial purposes.
- You agree not to use our products for any illegal or unauthorised purposes, and you must comply with all laws in your jurisdiction, including copyright laws, while using the Service. We reserve the right, at our sole discretion and without obligation, to monitor your access to or use of the Website to ensure compliance with these Terms of Service and applicable laws.
- We reserve the right to terminate your use of the Service or any related website for any of the prohibited uses.
Intellectual property rights
- You acknowledge and agree that we and/or our licensors own all rights to the intellectual property and material contained in our Website, and all such rights are reserved except for any third-party intellectual property that we may use in any content on the Website. You are granted a limited licence only, subject to the restrictions provided in these terms, for purposes of availing the Services provided by the us via Website. You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitutes our valuable intellectual property.
- You are not permitted to use these Marks without our prior written consent, wherever applicable, the consent of the specific third party that owns the Mark. Farsight reserves all rights, titles, and interests in and to the Marks not expressly granted within these Terms, including but not limited to the right to enforce and protect the Marks to the fullest extent allowed in law. Nothing in this Agreement shall be construed as conferring any rights or licence to our Website and its associated trademarks or copyrighted material.
- Except as expressly provided in these terms, no part or Services of the Website shall be copied, reproduced, adapted, modified, published, publicly displayed, encoded, decoded, translated, transmitted, or distributed in any way to any other computer, server, website or other storage/user medium for publication or distribution or for any commercial enterprise or otherwise for any retaining purposes, without Our express prior written consent. You also agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Services, in whole or in part, by any means.
- Our logos and trademarks are our exclusive property. The appearance, layout, colour scheme, and design of the Website are protected Trademarks. You do not receive any right or licence to use the foregoing unless explicitly outlined within these Terms.
- You shall promptly notify us in writing of any known or suspected infringement of our intellectual property rights by any third party and shall cooperate with us fully in any legal action taken by us to protect our intellectual property rights.
- The intellectual property rights obligations set forth in this section shall survive the termination or expiration of this Agreement.
- You thereby agree to protect our proprietary rights at all times. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
- You shall use the Website strictly in accordance with these Terms of Service, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms of Service; (h) use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any products or any services offered by or listed on the Website; or (i) derive any confidential information, processes, data or algorithms from the Website.
Disclaimer of warranties; Limitation of liability
- The website and all information, content, materials, and services included on or otherwise made available to you through the website (collectively, the "content") are provided by us on an "as is," "as available" basis, without representations or warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, satisfactory quality, compatibility, applicability, usability, appropriateness, as to the operation of the website, the accuracy or completeness of the content and the accuracy of the information. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that the use of the website is at your own discretion and sole risk, and that you will be solely responsible for any damage resulting from any transaction. no advice or information, whether oral or written, obtained by you from us or through or from the website or content shall create any warranty. you expressly agree that your use of, or inability to use, the service is at your sole risk.
- In no event shall we, our affiliates, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), equity, or otherwise, arising out of or in any way connected with the use of or inability to use our service or any related product, material, or content, even if you have been advised of the possibility of such damages.
- Further, we shall have no responsibility for any damage to your mobile phone or loss of data that results from the download of any content, materials, documents, or information.
- In no case shall we, our affiliates, and our respective directors, officers, employees, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- You hereby agree to waive, release, discharge, and hold us harmless, including our partners, affiliates, and group companies (as applicable) and each of their respective officers, directors, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of the services available on the website.
Indemnification
- You hereby agree to defend, indemnify, and hold harmless Farsight from any losses, liabilities, claims, actions, suits, demands, including legal fees and associated costs, raised by any third party. These claims may arise directly from your use of the Services, your violation of any provisions within these Terms, or any falsification of information pertaining to your identity or employment history or status; you also agree to indemnify us against any losses or liabilities resulting from your breach, non-performance, non-compliance, or insufficient fulfilment of any terms, conditions, representations, obligations, or warranties as set forth in these Terms. This includes any actions, errors, misrepresentations, wilful misconduct, or negligence committed by you, your employees, subcontractors, or agents while carrying out your obligations under these Terms. Furthermore, you shall indemnify us against any claims arising from the infringement of intellectual property rights or invasion of privacy rights of third parties due to your utilisation of the Services
Termination
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Website.
- We maintain a strict policy against breaches of the Terms and any misconduct directed towards us. Such violations of the Terms will not be tolerated and will result in immediate and severe disciplinary actions, in accordance with the relevant laws in force in India. These actions may include, but are not limited to, the termination of usage rights for the Website and the initiation of legal proceedings.
- These Terms remain in effect while you use the services and, for Users, as long as your account(s) remains open. You may delete your account(s) at any time. We may suspend or terminate your account(s) or your access to parts of the Services, for any or no reason, without notice to you. Subsequently you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) and/or the Website. Furthermore, we will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.
- All provisions contained within these Terms shall remain in effect even after the termination or expiration of these Terms, except for those provisions specifically granting access to or use of the Services. To avoid any confusion, you acknowledge that these Terms are applicable to your utilisation of the Services at any time before the termination or expiration of these Terms.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The disclaimer of warranties and the governing law provisions shall survive any termination of these Terms of Service.
Entire Agreement
- These Terms of Service, together with the Privacy Policy, all referenced materials on the Website, and any additional policies or operating rules posted by us on the Website or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall be resolved in a manner that reflects their fair and reasonable intent, without favouring any particular party.
Governing Law
- Governing Law : These Terms of Service, including any disclaimers, provisions, and limitations of liability, shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law principles. Furthermore, Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including disputes concerning their formation, validity, interpretation, performance, or termination, shall be resolved through binding arbitration. The seat of the arbitration shall be conducted in Mumbai, Maharashtra, India and the venue of the arbitration shall be in Mumbai, Maharashtra, India comprising of a sole arbitrator appointed jointly by both parties in accordance with the Arbitration and Conciliation Act, 1996, and rules as amended from time to time.
- Jurisdiction : Except for matters subject to arbitration, the courts located in Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute arising out of or related to these Terms of Service, including disputes concerning their formation, validity, interpretation, performance, or termination.
Miscellaneous
- You are prohibited from licensing, selling, transferring, or assigning any of your rights, obligations, or responsibilities under these Terms of Service without obtaining our prior written consent. Any attempt to do so without such consent will be null and void and without effect. We reserve the right, at our sole discretion, to freely assign and transfer any or all of our rights, obligations, or interests under these Terms of Service to any third party, without requiring any notice or consent from you. Such an assignment or transfer may be made for any reason, including but not limited to a merger, acquisition, corporate restructuring, or sale of assets
- Except as expressly provided in a separate agreement between you and us, these Terms, along with any other agreements, documents, or policies incorporated herein by reference, constitute the entire agreement between you and us concerning your use of the services. These Terms supersede and replace all prior and contemporaneous proposals, negotiations, agreements, and understandings, whether written or oral, relating to the subject matter herein.
- You affirm that no person has made any promise, representation, or warranty, whether express or implied, that is not explicitly stated in these Terms, to induce you to enter into this agreement. You acknowledge and agree that you have not relied on any such statements in entering into this agreement.
- If any provision of these Terms is determined to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect. The unenforceable or invalid provision will be reformed to reflect the original intent of the Parties as closely as possible, consistent with applicable law, to ensure that the Terms remain enforceable.
- Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or our right to enforce it in the future, whether by action, inaction, or otherwise.
- We shall not be liable for any delay or failure to fulfil our obligations under this Agreement if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to Acts of God (such as natural disasters, fires, floods, earthquakes), pandemics, acts of terrorism, war, civil unrest, governmental actions (including changes in laws and regulations affecting e-commerce operations), power failures, strikes, labour disputes, supplier failures, or any other unforeseeable and unavoidable events pertaining to the operation of an e-commerce website.
- You acknowledge that a breach of this Agreement may result in irreparable harm to us. In such cases, we shall be entitled to injunctive relief or equitable remedies, in addition to other remedies and damages available.
- You shall not assign, transfer, or sublicense the Terms or any rights or obligations hereunder without our prior written consent. However, we retain the right to assign or transfer these Terms without restriction. Any attempted assignment by you without our consent shall be null and void, constituting a material breach of these Terms.
- The section headings in these Terms are included for convenience only and do not affect the interpretation or legal significance of the provisions contained herein. In these Terms, the term "including" shall be interpreted as "including, without limitation.
Grievance Redressal Mechanism
Governing Redressal : As per the Information Technology Act 2000 and Digital Personal Data Protection Act 2023 and related rules, the details of the Grievance Officer are provided below:
Name: Aseem Aggarwal
Email: help@takeskyway.com
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address regarding any violation of these Terms of Service or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
For the complain compose a written or electronically signed email elaborating on the nature of your grievance. Ensure that your description is clear, specific, and includes all pertinent details such as dates, cause of action, grievance, and attach the relevant documentation if available. In furtherance, be attentive to include your complete contact information, including your valid postal address, telephone number, and email address.
To the extent allowed by law, the English language version of these Terms is binding, and any translations are provided for convenience only.
This document constitutes an electronic record as defined under the Information Technology Act, 2000 and the applicable rules thereunder. It is generated by a computer system and does not require physical or digital signatures.
In compliance with Rule 4(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, this document is published to provide the rules and regulations, privacy policy, and terms of use governing access to and use of this website
General
- Farsight Consumer Brands Pvt Ltd, a company incorporated under the Indian Companies Act, 2013, having its registered office at B Wing, Wework Chromium, Jogeshwari Vikhroli Link Road, Ewac Alloys Ltd, Andheri East, Mumbai, Maharashtra represented by its Director, Mr. Aseem Aggarwal (hereinafter referred to as the “Company” or “we” or “us” or “our”), is inter alia engaged in the business of selling healthy foods & beverages to its consumers.
- The Company respects the privacy of its Users (hereinafter referred to as the “User” or “you” or “your”) that use the Company’s website located at “ www.takeskyway.com” (hereinafter referred to as the “Website”).
- The Company is highly committed to the privacy of the data and personal information and provides excellent service to all its Users of the Website. The Company’s Privacy Policy (hereinafter referred to as the “Privacy Policy”) is designed to inform you of the said Website, about the types of information that the Company may gather about or collect from you in connection with the use of the Website. It also is intended to explain the conditions under which the Company uses and discloses that information, and your rights in relation to that information.
- Each time you use the Website, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you are requested to check the date of this Privacy Policy (which the Website bears at the beginning of this document) and review any changes since the last time you used the Website. In case the Company makes any substantive changes to this Policy, it will announce it on the Website and will also send its users a notice to the e-mail the Company has on file. Once the changes have been made, your continued use of the Website will be considered as acceptance of the revised Privacy Policy.
- By accessing the Website and/or by providing your information, you agree and grant your consent for us to receive, store, process, transfer, and utilize the personal and identifiable information as provided by you. You hereby acknowledge and agree that all Information is provided by you to us is voluntarily and the Information provided by you is not subject to any undue influence.
- By visiting the Website or providing your information, you expressly agree to be bound by this Privacy Policy and agree to be governed by the laws applicable to data protection and privacy. If you do not agree please do not use or access our Website.
- This Policy is an electronic document constituted as an electronic contract under the Information Technology Act, 2000, and its associated rules. No physical, electronic, or digital signatures are required for this Policy. It is to be considered as part of the Website's Terms of Service (“Terms of Service”) and should be read alongside them. In case of any discrepancy between this Policy and the Terms of Service, our interpretation will be deemed final and binding on you.
- By mere visit to this Website, you expressly consent that unless restricted by applicable law (IT Act 2000 & amended IT ACT 2008), all your personal information collected by the Website may be used and disclosed as set out in this Policy.