Terms of service
These Terms & Conditions (these "Terms") constitute a legally binding agreement between you and PureSafe Wellness Private Limited, a company incorporated under the Companies Act, 2013, bearing CIN [●], with its registered office at [●] (the "Company", "we", "us", or "our"), which owns and operates the brand UNAWKD and the website located at https://www.unawkd.com, together with its sub-domains, mobile-optimised versions, and any successor applications or digital storefronts (collectively, the "Platform").
By accessing or using the Platform, creating an account, or placing an Order, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all policies incorporated herein by reference, including the Privacy Policy, Shipping Policy, Refund & Cancellation Policy, Age Restriction Policy, Medical Disclaimer, and Cookie Policy (collectively, the "Policies"). If you do not agree to these Terms, you must not access or use the Platform.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, unless the context otherwise requires:
(a) "Affiliate" means, in relation to a person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person, and includes, in the case of the Company, PureSafe Wellness LLC (Delaware, USA);
(b) "Applicable Law" means all statutes, enactments, acts of legislature, laws, ordinances, rules, regulations, notifications, guidelines, directions, and orders of any governmental authority, as applicable in India, including the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Medical Devices Rules, 2017, the Drugs and Cosmetics Act, 1940, and the Legal Metrology Act, 2009;
(c) "Content" means all text, graphics, images, photographs, illustrations, renders, logos, trade dress, product names, designs, audio, video, software, code, and other material displayed on or forming part of the Platform;
(d) "Intellectual Property Rights" means all rights in and to trademarks, service marks, trade names, brand names, logos, copyrights, designs, trade dress, domain names, patents, trade secrets, know-how, and all other intellectual property, whether registered or unregistered, and all applications and renewals thereof anywhere in the world;
(e) "Order" means an order placed by you through the Platform for the purchase of Products;
(f) "Products" means the condoms and other sexual wellness, intimacy, or related products offered for sale by the Company through the Platform or otherwise, whether now existing or introduced in the future;
(g) "Protected Parties" means, collectively, the Company; its Affiliates (including PureSafe Wellness LLC); and each of their respective founders, promoters, directors, officers, shareholders, investors, employees, consultants, contractors, agents, contract manufacturers, suppliers, distributors, logistics and delivery partners, marketplace and quick-commerce partners, payment processors, technology and other service providers, licensors, successors, and permitted assigns;
(h) "Third-Party Platform" means any marketplace, quick-commerce service, retail channel, application, or website not owned or operated by the Company through which Products may be sold or advertised, including without limitation Blinkit, Zepto, Swiggy Instamart, and general e-commerce marketplaces; and
(i) "User", "you", or "your" means any natural person who accesses or uses the Platform or purchases Products.
1.2 Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. "Including" means "including without limitation".
2. ACCEPTANCE OF TERMS; ELIGIBILITY
2.1 These Terms are an electronic record under the Information Technology Act, 2000 and the rules thereunder, and do not require any physical or digital signature.
2.2 By using the Platform, you represent and warrant that: (a) you are at least eighteen (18) years of age and competent to contract under the Indian Contract Act, 1872; (b) you are purchasing Products solely for lawful personal use and are legally permitted to purchase such Products in your jurisdiction; (c) all information you provide is true, accurate, current, and complete; and (d) your use of the Platform does not violate any Applicable Law.
2.3 Use of the Platform by any person below eighteen (18) years of age is strictly prohibited. The Age Restriction Policy applies in full and is incorporated herein.
3. PRODUCTS; MEDICAL DEVICE NOTICE
3.1 The Products are regulated medical devices classified as Class C medical devices under the Medical Devices Rules, 2017, and are manufactured by duly licensed third-party contract manufacturer(s) holding the regulatory licences, quality-management certifications, and product-standard certifications applicable to the manufacture of natural rubber latex male condoms.
3.2 Medical Device Notice. UNAWKD condoms are regulated medical devices intended solely for contraception and for the reduction of the risk of transmission of sexually transmitted infections. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
3.3 No contraceptive method provides absolute protection. Condoms, when used correctly and consistently, reduce — but do not eliminate — the risk of pregnancy and sexually transmitted infections. You must read and follow the instructions for use, warnings, and storage directions on the Product packaging. The Medical Disclaimer applies in full and is incorporated herein.
3.4 Product images, packaging renders, and colours displayed on the Platform are for illustration. Immaterial variations between displayed images and delivered Products (including due to screen calibration, print tolerances, or packaging revisions) do not constitute a defect or deficiency.
3.5 The Company may modify, discontinue, or substitute any Product, formulation, packaging, or SKU at any time without prior notice, subject to Applicable Law.
3.6 Product Authenticity. Genuine UNAWKD Products are sold only through the Platform and authorised channels. Each pack carries batch/lot identifiers, by reference to which the Company may verify authenticity. The Company makes no warranty in respect of, and the Refund & Cancellation Policy does not apply to, products purchased from unauthorised sellers, and the Company assumes no liability for counterfeit or grey-market products, without prejudice to the Company's rights and remedies against such sellers.
3.7 Mandatory declarations required under the Legal Metrology (Packaged Commodities) Rules, 2011 and the Consumer Protection (E-Commerce) Rules, 2020 — including maximum retail price, net quantity, country of origin, expiry date, and manufacturer, packer, and seller details — are displayed on Product listings and packaging.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Certain features may require creation of an account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.
4.2 You must promptly notify the Company of any unauthorised use of your account. The Company shall not be liable for any loss arising from unauthorised use of your account prior to such notification.
4.3 The Company reserves the right to suspend, restrict, or terminate any account at its discretion, including for breach of these Terms, suspected fraud, or misuse of the Platform.
5. ORDERS AND CONTRACT FORMATION
5.1 The display of Products on the Platform constitutes an invitation to offer. Your Order constitutes an offer to purchase. A binding contract of sale is formed only upon the Company's express acceptance of your Order, evidenced by a written order confirmation and/or dispatch of the Products.
5.2 The Company may refuse or cancel an Order, in whole or in part, only on the following grounds: (a) unavailability or discontinuation of the Product; (b) a manifest error in price, description, or Product information; (c) failure of payment authorisation or verification; (d) reasonable suspicion of fraud, abuse, or unauthorised resale, based on objective indicators; (e) failure to satisfy the eligibility or age requirements of these Terms; (f) non-serviceability of the delivery location; or (g) where refusal or cancellation is required by Applicable Law. The Company will notify you of any such cancellation, and all amounts paid for the cancelled Order will be refunded in accordance with the Refund & Cancellation Policy.
5.3 You are solely responsible for the accuracy of delivery addresses, recipient details, and contact information. The Company is not responsible for non-delivery or misdelivery attributable to inaccurate or incomplete information provided by you.
5.4 The Company may impose quantity limits per Order, per account, per address, or per payment instrument.
6. PRICING, PAYMENT, AND TAXES
6.1 All prices are displayed in Indian Rupees (INR) and, unless expressly stated otherwise, are inclusive of Goods and Services Tax at the applicable rate. Prices comply, and shall at all times be administered in compliance, with Applicable Law.
6.2 Prices, offers, and Product availability are subject to change at any time without notice. The price applicable to your Order is the price displayed at checkout at the time the Order is placed.
6.3 In the event of a manifest pricing or typographical error, the Company reserves the right to cancel the affected Order and refund all amounts paid, notwithstanding any order confirmation.
6.4 Payments are processed by third-party payment aggregators and gateways authorised under Applicable Law. The Company does not collect or store full payment-card data on its own systems. Your use of any payment method is additionally governed by the terms of the relevant payment provider and issuing institution.
6.5 Cash-on-delivery, where offered, may be subject to order-value limits, serviceability restrictions, and verification requirements.
6.6 You agree to pay all amounts due for accepted Orders and acknowledge that failure of your payment instrument, chargebacks initiated without first following the grievance process in Section 21, or fraudulent payment activity may result in cancellation of Orders, suspension of your account, and recovery action.
7. SHIPPING AND DELIVERY
7.1 Shipping, delivery timelines, serviceable territories, packaging, risk transfer, and related matters are governed by the Shipping Policy, which is incorporated herein.
7.2 All delivery timelines are estimates only and do not constitute binding commitments. Risk in the Products passes to you upon delivery at the address specified in the Order; title passes upon the later of delivery or receipt of full payment.
8. CANCELLATIONS, RETURNS, AND REFUNDS
8.1 Cancellations, returns, replacements, and refunds are governed by the Refund & Cancellation Policy, which is incorporated herein.
8.2 Hygiene Notice. Owing to the intimate, hygiene-sensitive nature of the Products and their status as medical devices, Products are non-returnable and non-exchangeable once the outer seal or packaging has been opened or tampered with, except where the Product is established to be defective, damaged, expired at delivery, or incorrectly supplied, or as otherwise required by Applicable Law. Nothing in these Terms excludes or restricts any non-waivable statutory right available to you under the Consumer Protection Act, 2019.
9. SUBSCRIPTIONS AND RECURRING PURCHASES
9.1 The Company may in the future offer subscription-based or recurring purchase programmes. Any such programme will be governed by supplemental terms presented at enrolment, including billing frequency, renewal, pause, and cancellation mechanics, and by the e-mandate and recurring-payment regulations of the Reserve Bank of India as applicable. In the absence of supplemental terms, these Terms apply mutatis mutandis.
10. THIRD-PARTY PLATFORMS AND MARKETPLACES
10.1 Products purchased through any Third-Party Platform are additionally, and in matters of ordering, delivery, payment, cancellation, returns, and refunds primarily, governed by the terms, policies, and grievance mechanisms of that Third-Party Platform. The Company is not the seller of record for such transactions except where expressly stated by the relevant platform.
10.2 The Company makes no representation regarding, and assumes no responsibility for, the acts or omissions of any Third-Party Platform, including pricing displayed, delivery performance, or handling of your data by such platform.
11. PROMOTIONAL OFFERS, GIFT CARDS, AND CREDITS
11.1 Any promotional offer, voucher, gift card, or store credit issued by the Company is subject to the specific terms notified at issuance, is non-transferable except as stated, holds no cash value, and may be withdrawn or modified at any time subject to Applicable Law. The Company's decision regarding eligibility and application of any offer is final.
12. INTELLECTUAL PROPERTY
12.1 All Intellectual Property Rights in and to the brand "UNAWKD", the UNAWKD word marks, logos, monograms, SKU and product names, packaging designs, trade dress, and all Content are owned by PureSafe Wellness LLC or the Company (as applicable) and are used by the Company under licence. All rights not expressly granted are reserved.
12.2 "UNAWKD" and associated product and SKU names are trademarks, trademark applications, or common-law marks of PureSafe Wellness LLC and/or its Affiliates, whether or not accompanied by any trademark symbol.
12.3 Nothing in these Terms or your use of the Platform grants you any right, title, or interest in any Intellectual Property Rights of the Protected Parties. You shall not, and shall not permit any third party to: (a) copy, reproduce, republish, distribute, display, or create derivative works from the Content; (b) use any UNAWKD trademark, trade dress, or Content in any manner likely to cause confusion or dilution; (c) reverse engineer, decompile, or extract source code from the Platform; or (d) register or use any domain name, social-media handle, or mark confusingly similar to UNAWKD marks.
12.4 The Company respects intellectual property. Notices of alleged infringement on the Platform may be sent to the Grievance Officer identified in Section 22.
13. LICENCE TO USE THE PLATFORM; PROHIBITED CONDUCT
13.1 Subject to these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for lawful personal, non-commercial purposes.
13.2 You shall not: (a) use the Platform for any unlawful, fraudulent, or abusive purpose; (b) misrepresent your age, identity, or affiliation; (c) purchase Products for unauthorised commercial resale, export in violation of Applicable Law or the laws of the destination country, or distribution outside authorised channels; (d) interfere with, disrupt, or attempt to gain unauthorised access to the Platform, its servers, or connected systems; (e) deploy any robot, spider, scraper, or automated means to access or extract data from the Platform without written authorisation; (f) introduce malware or other harmful code; (g) frame, mirror, or deep-link to the Platform without consent; (h) circumvent age-verification or security measures; or (i) engage in any conduct that damages, disparages, or exploits the brand, the Platform, or the Protected Parties.
14. USER CONTENT AND REVIEWS
14.1 Where the Platform permits reviews, ratings, testimonials, or other submissions ("User Content"), you grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for business purposes, subject to the Privacy Policy.
14.2 You represent that your User Content is original, accurate, based on genuine experience, and does not infringe third-party rights or violate Applicable Law. The Company may moderate, edit, refuse, or remove User Content at its discretion and does not endorse any User Content.
14.3 You must not post User Content that is unlawful, obscene, defamatory, misleading (including undisclosed paid or incentivised reviews), infringing, or that contains personal data of any third party without consent.
14.4 The Company does not publish reviews it knows to be false, does not misrepresent itself as a consumer, and discloses any material connection where a review has been incentivised. The Company may verify purchase status before publication and may label reviews accordingly.
15. COMMUNICATIONS
15.1 By providing your contact details, you consent to receive transactional and service communications (order confirmations, dispatch updates, grievance responses) via e-mail, SMS, WhatsApp, RCS, push notification, or telephone.
15.2 Marketing communications will be sent only in accordance with Applicable Law, including the Telecom Commercial Communications Customer Preference Regulations, 2018, and your recorded preferences. You may opt out of marketing communications at any time through the unsubscribe mechanism provided or by contacting the Company; transactional communications will continue for active Orders.
16. AUTOMATED TOOLS, AI FEATURES, AND CHAT INTERFACES
16.1 The Platform may offer automated assistance features, including chatbots or AI-generated responses. Such outputs are provided for general informational and customer-service convenience only, may contain errors, do not constitute medical, legal, or professional advice, and do not form part of the Product's instructions for use or labelling. In the event of conflict, the Product labelling, the Policies, and these Terms prevail over any automated output.
17. THIRD-PARTY LINKS AND SERVICES
17.1 The Platform may contain links to third-party websites, services, or resources. Such links are provided for convenience only. The Company does not control and is not responsible for the content, policies, or practices of any third party, and your use thereof is at your own risk and subject to that third party's terms.
18. DISCLAIMERS OF WARRANTIES
18.1 To the maximum extent permitted by Applicable Law, the Platform and its Content are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or freedom from error or interruption.
18.2 Nothing on the Platform constitutes medical advice, and no communication from the Company creates any healthcare-professional relationship. The Medical Disclaimer applies in full.
18.3 Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, right, or remedy implied or imposed by Applicable Law that cannot lawfully be excluded, restricted, or modified.
19. LIMITATION OF LIABILITY
19.1 To the maximum extent permitted by Applicable Law, the Protected Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or anticipated savings, arising out of or in connection with the Platform, these Terms, or any Order, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
19.2 To the maximum extent permitted by Applicable Law, the aggregate cumulative liability of the Protected Parties arising out of or relating to any Order shall not exceed the amount actually paid by you to the Company for that Order.
19.3 Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) liability in a product liability action under Chapter VI of the Consumer Protection Act, 2019, or for personal injury caused by a defect in the Products; or (d) any other liability that cannot be excluded or limited under Applicable Law.
19.4 You acknowledge that the limitations in this Section 19 reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties.
20. INDEMNIFICATION
20.1 To the extent permitted by Applicable Law, you agree to indemnify and hold harmless the Protected Parties from and against losses, liabilities, and reasonable costs arising out of third-party claims to the extent caused by: (a) your material breach of these Terms or any Policy; (b) your violation of Applicable Law or infringement of third-party rights; (c) your User Content; or (d) your fraudulent or unlawful misuse of the Platform or the Products, including any misrepresentation as to age or eligibility. This Section does not apply to the extent a loss is caused by the negligence or wilful default of a Protected Party, and does not limit or exclude any right or remedy available to you as a consumer under Applicable Law.
20.2 The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to cooperate fully.
21. FRAUD PREVENTION AND CHARGEBACKS
21.1 The Company employs fraud-detection measures and may decline, hold, or cancel Orders flagged by such measures, and may require additional verification.
21.2 Before initiating any chargeback or payment dispute, you agree to first raise the issue through the grievance mechanism in Section 22 and allow the timelines therein. The Company reserves the right to contest chargebacks with evidence of delivery, communications, and policy disclosures, and to suspend accounts and refuse future Orders where chargebacks are found to be unfounded or fraudulent, and to pursue recovery of amounts and costs to the extent permitted by Applicable Law.
22. GRIEVANCE REDRESSAL
22.1 In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000 and rules thereunder, the Company has appointed a Grievance Officer:
Grievance Officer: [●] Designation: [●] E-mail: [●] Address: [●] Hours: Monday–Friday, 10:00–18:00 IST (excluding public holidays)
22.2 Grievances shall be acknowledged within forty-eight (48) hours of receipt and resolved within one (1) month of receipt, in accordance with Applicable Law. Each grievance will be assigned a unique ticket number for tracking.
23. SUSPENSION AND TERMINATION
23.1 The Company may suspend or terminate your access to the Platform, cancel pending Orders, and/or deactivate your account, with or without notice, for breach of these Terms, suspected fraud or unlawful activity, risk to the Platform or other users, or as required by Applicable Law.
23.2 You may discontinue use of the Platform at any time and may request account deletion in accordance with the Privacy Policy.
23.3 Provisions which by their nature are intended to survive termination — including Sections 12, 14.1, 18, 19, 20, 21, 25, and 26 — shall so survive.
24. FORCE MAJEURE
24.1 The Company shall not be liable for any delay or failure to perform its obligations arising from events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, strikes or labour disputes, governmental actions, changes in law, embargoes, internet or telecommunications outages, cyber-incidents, power failures, supply-chain or raw-material disruptions, transportation failures, or courier and logistics interruptions. Performance shall be suspended for the duration of such event, and timelines shall stand correspondingly extended.
25. GOVERNING LAW AND DISPUTE RESOLUTION
25.1 These Terms and any dispute arising out of or in connection with them or the Platform shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
25.2 Any dispute, controversy, or claim arising out of or relating to these Terms, other than a Consumer Dispute as described in Section 25.4, shall be referred to and finally resolved by arbitration administered in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed in accordance with that Act. The seat and venue of arbitration shall be Jaipur, Rajasthan, India, and the language of arbitration shall be English. The arbitral award shall be final and binding.
25.3 Subject to Sections 25.2 and 25.4, the courts at Jaipur, Rajasthan, India shall have exclusive jurisdiction.
25.4 Consumer Rights Preserved. Nothing in this Section 25 excludes, restricts, or requires waiver of your rights and remedies as a consumer under the Consumer Protection Act, 2019, including your right to institute proceedings before the competent Consumer Disputes Redressal Commission having jurisdiction under that Act.
26. GENERAL PROVISIONS
26.1 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
26.2 Waiver. No failure or delay by the Company in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise preclude further exercise of that or any other right. Waivers are effective only if in writing.
26.3 Assignment. You may not assign or transfer these Terms or any rights hereunder. The Company may assign or transfer these Terms, in whole or in part, to any Affiliate or in connection with any merger, acquisition, restructuring, or sale of assets, without your consent.
26.4 Entire Agreement. These Terms, together with the Privacy Policy, Shipping Policy, Refund & Cancellation Policy, Age Restriction Policy, Medical Disclaimer, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior understandings.
26.5 Changes to These Terms. The Company may revise these Terms at any time by posting the updated version on the Platform with a revised "Last Updated" date. Material changes may be additionally notified through reasonable means. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
26.6 Notices. Notices to the Company shall be sent to the registered office or Grievance Officer contact stated above. Notices to you may be given via the e-mail, phone number, or address associated with your account or Order, or by posting on the Platform.
26.7 Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Company.
26.8 Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version prevails.
27. CONTACT
PureSafe Wellness Private Limited Registered Office: [●] E-mail: [●] Phone: [●]
Operating the brand UNAWKD — https://www.unawkd.com