01
Introduction & Acceptance
These Terms and Conditions ("Terms") constitute
a legally binding agreement between you ("User",
"Customer", "you") and Globemark Beverages LLP,
a limited liability partnership incorporated under
the Limited Liability Partnership Act, 2008,
having its registered office at [INSERT REGISTERED
OFFICE ADDRESS, NEW DELHI, INDIA] (LLPIN:
[INSERT LLPIN]).
Globemark is the owner and operator of the Clean
Sin brand and the website [INSERT WEBSITE URL],
together with any mobile applications, storefronts
on third-party marketplaces and related services.
By accessing, browsing, registering on, or placing
an order through the Platform, you acknowledge that
you have read, understood and agree to be bound by
these Terms.
If you do not agree to these Terms in their entirety,
you must immediately discontinue use of the Platform.
02
Definitions
-
Products means the functional
botanical beverages and related merchandise
marketed under the brand "Clean Sin",
manufactured, marketed and/or sold by or on
behalf of Globemark.
-
Order means a request placed
by a User to purchase Products through the
Platform.
-
Content means all text,
graphics, logos, the "Companion" mascot,
product images, videos, audio and other
material appearing on the Platform.
-
Third-Party Marketplace means
any external e-commerce or quick-commerce
platform including but not limited to Amazon,
Flipkart, Blinkit, Zepto, Swiggy Instamart
or modern trade/retail outlets.
03
Eligibility
The Platform and Products are intended for use by
persons who are at least eighteen (18) years of age
and competent to enter into a binding contract under
the Indian Contract Act, 1872.
If you are a minor, you may use the Platform only
under the supervision and with the prior consent of
a parent or legal guardian, who shall be responsible
for all actions taken and Orders placed on your behalf.
Clean Sin Products are non-alcoholic; however,
certain variants may contain caffeine or stimulant
botanicals and carry age-appropriate consumption
guidance on-pack, which shall prevail over any
general statement on the Platform.
By placing an Order or creating an account, you
represent and warrant that all information you
provide is true, accurate, current and complete,
and that you have the legal capacity to enter
into these Terms.
04
Intellectual Property Rights
All Content on the Platform, including the
"Clean Sin" name, logo, the Halo & Tail device,
the "Companion" mascot, taglines including
"Sip smart. Sin hard.", packaging design,
flavour names, photography and all underlying
software, is the exclusive property of Globemark
Beverages LLP or its licensors.
Such Content is protected under the Trade Marks
Act, 1999, the Copyright Act, 1957 and other
applicable intellectual property laws.
No right, title, licence or interest in any Content
is transferred to you by virtue of your use of the
Platform.
You may not reproduce, republish, distribute,
modify, reverse-engineer, create derivative works
from or commercially exploit any Content without
Globemark's prior written consent.
05
Account Registration & Security
Where account registration is offered, you are
responsible for maintaining the confidentiality
of your login credentials and for all activities
that occur under your account.
You must notify Globemark immediately of any
unauthorised use of your account.
Globemark shall not be liable for any loss or
damage arising from your failure to safeguard
your account credentials.
06
Products, Descriptions & Availability
Globemark makes reasonable efforts to display
Product descriptions, images, flavour profiles,
ingredients and pricing accurately.
Colours, packaging and formulations may vary
slightly from what is displayed due to display/
screen settings, ongoing product development or
regulatory requirements.
The information printed on the physical product
label, including ingredients, allergens,
nutritional information and FSSAI licence details,
shall always prevail over any description on
the Platform.
Clean Sin Products are functional botanical
beverages and are not medicines, drugs or
substitutes for professional medical treatment.
All Products are subject to availability.
Globemark reserves the right to discontinue,
modify or limit the quantity of any Product and
to correct any pricing, description or typographical
error at any time without prior notice and without
liability.
07
Pricing & Payment
All prices displayed on the Platform are in Indian
Rupees (INR) and are inclusive or exclusive of
applicable taxes, including GST, as indicated at
checkout.
Globemark reserves the right to change prices at
any time; however, the price applicable to an Order
already confirmed shall not change.
Payments are processed through third-party,
PCI-DSS compliant payment gateways. Globemark
does not store your full card, net-banking or
UPI credentials on its servers.
In the event of a payment failure, duplicate charge
or processing error, please contact the payment
gateway and/or Globemark's customer support with
transaction details for resolution.
08
Order Confirmation & Cancellation
An Order placed by you constitutes an offer to
purchase, which Globemark may accept or decline
at its sole discretion.
A system-generated Order confirmation or invoice
does not constitute acceptance; the contract of
sale is concluded only upon dispatch of the
Product(s).
Globemark reserves the right to refuse, cancel or
limit any Order, whether or not it has been
confirmed, in circumstances including:
- Suspected fraudulent, unauthorised or abusive activity.
- Inaccuracies in pricing, description or stock availability.
- Inability to verify delivery address or contact details.
- Orders placed in violation of these Terms.
Where an Order is cancelled by Globemark after
payment has been collected, a full refund shall
be initiated to the original payment method within
the timelines set out in the Return and Exchange
Policy.
09
Shipping & Delivery
Products purchased directly through the Website
are shipped via Globemark's designated logistics
partners to the address provided by the User at
checkout.
Estimated delivery timelines shown on the Platform
are indicative and not guaranteed.
Globemark shall not be liable for delays caused
by courier partners, force majeure events,
incorrect address information or circumstances
beyond its reasonable control.
Risk in the Products shall pass to the User upon
delivery to the address provided.
Users are advised to inspect the package at the
time of delivery and to record an unboxing video
where possible, in accordance with the Return
and Exchange Policy.
10
Third-Party Marketplaces
Clean Sin Products are also available for purchase
through Third-Party Marketplaces.
Any Order placed through a Third-Party Marketplace
is governed by that marketplace's own terms of
service, payment, shipping, cancellation and
return/refund policies, and not by these Terms or
Globemark's Return and Exchange Policy.
Globemark is not responsible for listing errors,
pricing discrepancies, delivery delays or customer
service failures attributable to a Third-Party
Marketplace.
Globemark shall nonetheless remain responsible
for the quality, safety and labelling accuracy of
genuine Clean Sin Products supplied by Globemark
into such marketplaces' supply chains.
11
User Conduct & Prohibited Uses
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable law.
- Upload or transmit any content that is defamatory, obscene, infringing or otherwise objectionable.
- Scrape, data-mine, reverse engineer or use automated means to extract data from the Platform.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Resell, redistribute or commercially exploit Products purchased through the Platform without Globemark's prior written authorisation.
- Interfere with or disrupt the security, integrity or performance of the Platform.
Globemark reserves the right to suspend or terminate
access to the Platform for any User who violates
this Section, without prior notice and without
liability.
12
User-Generated Content & Social Media
Where you submit, post or tag Globemark in
photographs, videos, reviews or other content
relating to Clean Sin ("User Content"), you grant
Globemark a non-exclusive, worldwide, royalty-free,
perpetual, sub-licensable licence to reproduce,
adapt, publish and display such User Content across
the Platform and Globemark's marketing channels
for promotional purposes.
You represent that you own or have the necessary
rights to grant this licence and that the User
Content does not infringe any third-party rights.
Product reviews and testimonials reflect individual
experiences and opinions. Views expressed in User
Content are those of the individual contributor and
do not necessarily represent Globemark's views.
13
Third-Party Links
The Platform may contain links to third-party
websites or services not owned or controlled by
Globemark.
Globemark assumes no responsibility for the content,
privacy practices or accuracy of any third-party
site.
Accessing such links is entirely at your own risk.
14
Disclaimer of Warranties
Except as expressly stated in these Terms or as
required by applicable law, including the Consumer
Protection Act, 2019 and rules made thereunder,
the Platform and Products are provided on an
"as is" and "as available" basis.
This is without warranties of any kind, whether
express or implied, including implied warranties
of merchantability, fitness for a particular
purpose or non-infringement, save for statutory
warranties that cannot lawfully be excluded.
15
Limitation of Liability
To the fullest extent permitted by applicable law,
Globemark, its partners, directors, employees and
affiliates shall not be liable for any indirect,
incidental, special, consequential or punitive
damages, or any loss of profits, revenue, data or
goodwill arising out of or in connection with your
use of the Platform or Products.
Globemark's aggregate liability arising out of or
relating to an Order shall not exceed the amount
actually paid by you for the specific Product
giving rise to the claim.
Nothing in these Terms shall be construed to limit
liability that cannot lawfully be excluded or
limited under Indian law, including liability for
death or personal injury caused by proven
negligence, fraud or wilful misconduct.
16
Indemnification
You agree to indemnify, defend and hold harmless
Globemark Beverages LLP, its parent, affiliates,
directors, officers, employees and agents from
and against any and all claims, liabilities,
damages, losses, costs and expenses, including
reasonable legal fees, arising out of or connected
with:
- Your breach of these Terms.
- Your misuse of the Platform or Products, including use inconsistent with on-pack instructions and warnings.
- Your violation of any applicable law or third-party right.
- Any User Content submitted by you.
17
Force Majeure
Globemark shall not be liable for any failure or
delay in performance resulting from causes beyond
its reasonable control.
- Acts of God or natural disasters.
- Pandemic.
- War or civil unrest.
- Strikes.
- Governmental action.
- Supply chain disruption.
- Failure of third-party service providers including logistics and payment partners.
18
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in
accordance with the laws of India, without regard
to conflict-of-law principles.
Subject to the grievance redressal mechanism below,
the courts at New Delhi shall have exclusive
jurisdiction over any dispute arising out of or in
connection with these Terms or your use of the
Platform.
Nothing in this Section shall preclude you from
approaching a consumer forum/commission having
jurisdiction under the Consumer Protection Act,
2019, or the online dispute resolution mechanism,
if any, made available on the Platform.
19
Grievance Officer
In accordance with the Information Technology Act,
2000, the Consumer Protection (E-Commerce) Rules,
2020 and the Consumer Protection Act, 2019, the
details of the Grievance Officer are as follows:
- Name: [INSERT GRIEVANCE OFFICER NAME]
- Designation: Grievance Officer / Nodal Officer
- Email: [INSERT GRIEVANCE EMAIL]
- Address: [INSERT REGISTERED OFFICE ADDRESS, NEW DELHI, INDIA]
- Working hours: [INSERT WORKING HOURS], Monday to Friday, excluding public holidays
The Grievance Officer shall acknowledge receipt
of any complaint within forty-eight (48) hours
and endeavour to resolve it within one (1) month
from the date of receipt, or such other timeline
as prescribed under applicable law.
20
Modification of Terms
Globemark reserves the right to amend, update or
replace these Terms at any time by posting the
revised version on the Platform with an updated
"Last Updated" date.
Continued use of the Platform after such changes
constitutes your acceptance of the revised Terms.
Material changes affecting active Orders will not
apply retroactively to such Orders.
21
Severability & Waiver
If any provision of these Terms is held to be
invalid, illegal or unenforceable by a court or
authority of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
No failure or delay by Globemark in exercising any
right under these Terms shall operate as a waiver
of that right.
22
Entire Agreement
These Terms, together with the Privacy Policy,
Disclaimer and Return and Exchange Policy,
constitute the entire agreement between you and
Globemark with respect to your use of the Platform.
They supersede all prior agreements and
understandings, whether written or oral, relating
to the subject matter herein.
23
Contact Us
For any questions regarding these Terms, please
contact us at:
-
Globemark Beverages LLP
-
Registered Office:
[INSERT REGISTERED OFFICE ADDRESS,
NEW DELHI, INDIA]
-
Customer Support Email:
[INSERT SUPPORT EMAIL]
-
Customer Support Phone:
[INSERT SUPPORT PHONE NUMBER]
