Terms and Conditions

TERMS OF USE

 

This Terms of Use is entered into by and between 10 Cuts Of Cheese (hereinafter referred to as the “Company”) and the Customer

 

The Company and the Customer shall hereinafter be individually referred to as a “Party” and collectively referred to as the “Parties”, as the context may require.

 

WHEREAS:

 

  1. The Company is engaged in the business of retail sale of gourmet food products (hereinafter referred to as “Business”) through its website (hereinafter referred to as the “Website”).

 

2.                  The Customer is the buyer of the Purchased Items (defined below) for personal use (not including commercial use).

 

3.                  The Parties are desirous to enter into this Terms of Use.

 

4.                  In consideration of the mutual promises, covenants, undertakings and agreements between the Parties hereto, the Parties hereby enter into this Terms of Use on the terms and conditions contained herein.

 

1.                  DEFINITIONS AND INTERPRETATIONS AND OVERRIDING EFFECT

 

1.1.            Definitions: The Parties to this Terms of Use hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Terms of Use shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Terms of Use may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, certain other capitalized terms are defined elsewhere in this Terms of Use  and whenever such terms are used in this Terms of Use  they shall have their respective  defined  meanings,  unless  the context,  expressly  or by necessary implication, require otherwise:

 

1.1.1.      Applicable Law” includes all applicable statutes, enactments, acts of state legislatures or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognized stock exchange of any relevant jurisdiction.

 

1.1.2.      Definitive Documentation” includes this Terms of Use, as well as the corresponding Privacy Policy, the Shipping and Delivery Policy, the Refund and Cancellation Policy and the Disclaimer.

 

1.1.3.       “Event of Default” shall mean the breach of any and all clauses of this Agreement by the Customer.

 

1.1.4.      Indemnified Liabilities” shall have the meaning ascribed to it in Clause 5.

 

1.1.5.      Indemnified Parties” shall have the meaning ascribed to it in Clause 5.

 

1.1.6.      Manufacturing Defect” shall include any and all defects in the Purchased Item, including but not limited to the food quality standards as required under Applicable Law.

 

1.1.7.      Person” means and includes an individual, a sole proprietorship, an association, syndicate, a corporation, a firm, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company, a limited liability company or other entity or organization, body corporate, governmental authority, judicial authority, a natural person in his capacity as trustee, executor, administrator, or other legal representative and any other entity including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity.

 

1.1.8.      Procurer” shall mean the person (who may be an individual or a juristic person) from whom the Company has procured the Purchased Item.

 

1.1.9.      Purchased Items” shall mean the products purchased by the Customer from the Company using the Website.

 

1.1.10.  Third Party” shall mean any Persons other than the Parties and the term “Third Parties” shall be construed accordingly.

 

1.2.            General Interpretation

 

In this Terms of Use, except to the extent that the context otherwise requires:

 

1.2.1        References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented  or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statue, ordinance or other Law;

 

1.2.2        References to Clauses, are reference to clauses in this Terms of Use unless the context requires otherwise and the recitals to this Terms of Use shall always be deemed to form part of this Terms of Use;

 

1.2.3        The headings are inserted for convenience only and shall not affect the construction of this Terms of Use;

 

1.2.4        The masculine gender includes the feminine gender and vice versa.

 

2.                  REPRESENTATIONS, WARRANTIES, DECLARATIONS AND COVENANTS BY THE CUSTOMER

2.1.            The Customer understands, agrees, affirms and acknowledges that the Company shall not be liable, under any circumstances and in any manner whatsoever, for any Manufacturing Defect in the Purchased Item.

 

 

2.2.            The Customer represents and warrants that he shall not engage in any transaction directly and indirectly using the Website for any commercial purpose.

 

2.3.            The Customer is buying the Purchased Item solely for the purpose of personal consumption.

 

2.4.            The Customer specifically covenants that he shall not resell any and all of the Purchased Items in any manner whatsoever.

 

2.5.            The Customer specifically covenants that he shall partake directly and/or otherwise assist any third person in unauthorised rebranding and/or relabeling of any and all of the Purchased Items.

 

2.6.            The Customer represents and warrants that all information provided by him to the Website and/or Company are true and accurate.

 

 

2.7.            Notwithstanding anything contained herein and or any connection that the Company may have with any arrangement and/or agreement that are entered pursuant thereto, the Customer specifically represents and warrants that he is not prohibited, in any manner whatsoever, either directly and/or indirectly, to avail any of the services (including but not limited to purchase of the Purchased Item) that have been made available to him by the Company and/or any third party through this Terms of Use.

 

2.8.            Notwithstanding anything contained herein and or any connection that the Company may have with any arrangement and/or agreement that are entered pursuant thereto, the Customer covenants that he shall not make use of the Website, been made available to him by the Company and/or any third party through this Terms of Use, for a purpose that is prohibited under Applicable Law.

 

2.9.            The Customer covenants that he shall not upload viruses or other malicious code to the Website and/or any other computer system connected thereto.

 

2.10.        The Customer shall not solicit login information or access an account belonging to any Third Party.

 

2.11.        The Customer shall not do anything that could disable, overburden, or impair the proper working or appearance of the Website, and/are any part thereof and/or services connected thereto, such as a denial of service attack or interference with page rendering or other aspects of operational functionality.

 

2.12.        The Customer shall not facilitate and/or encourage any violations of this Terms of Use or any of the policies of the Company.

 

2.13.        The Customer shall not provide any false personal information on the Website and/or any other computer system connected thereto, or creates an account for any Third Party other than himself/herself without permission of that Third Party as well as the Company, respectively.

 

2.14.        The Customer shall not create more than one account for the Website.

 

2.15.        The Customer shall not create another account on the Website after the Company disables his/her account, without the permission of the Company.

 

2.16.        The Customer specifically covenants that the contact information of the Customer and always be accurate and up to date.

 

2.17.        The Customer shall not share his password, let anyone else access his account, and/or do anything else that might jeopardize the security of his account with the Website and/or any computer system connected thereto.

 

2.18.        The Customer shall not make any attempts to interfere with or disrupt the Website, and/or any service/computer systems/networks connected thereto.

 

2.19.        The Customer shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website and/or the computer systems connected thereto;

 

2.20.        The Customer shall not copy, reproduce, alter, modify, and/or publicly display any information displayed on the Website, or create derivative works from the Website, to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of the Company or any other Third Party, except with the prior written consent of Company or the appropriate Third Party.

 

2.21.        The Customer shall not take any action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company.

 

2.22.        The Customer specifically covenants that he shall not use the Purchased Items and/or any part thereof for any form of commercial use whatsoever, including but not limited to advertisements, gourmet services, restaurant business, etc. without the prior written permission of the Company.

 

2.23.        The Customer specifically represents, warrants and covenants that all information provided by him to the Company are complete and accurate.

 

2.24.        The Customer specifically covenants that all information requisitioned by the Company shall be provided in a timely and professional manner as well as being complete and accurate.

 

3.                  RIGHTS OF THE COMPANY

3.1.            The Company does not make any implied or express representation and/or warranty in relation to any Procurer.

 

3.2.            Notwithstanding anything contained herein, time is not of the essence to any of the Definitive Documentation.

 

3.3.            Any representation, warranty, covenants and/or declaration, whether express and/or implied, which is made by any Procurer, distributor, wholesaler and/or manufacturer shall not be deemed in any manner whatsoever a representation, warranty, covenants and/or declaration by the Company in any manner whatsoever.

 

3.4.            The Company represents and warrants that it has paid all applicable duties and taxes that are applicable to the Company in relation to retail sale of the Purchased Item.

 

3.5.            None of the transactions envisaged under the Definitive Documentation shall constitute a violation of the Essential Commodities Act, 1955.

 

3.6.            The Company does not guarantee that the Website, and/or any connected computer system/network/service connected thereto, will function on any particular hardware or devices. In addition, all the services envisaged under this Terms of Use rendered by the Company may be subject to malfunctions and delays inherent to the use of the Internet and electronic communications, including but not limited to location tracking services.

 

3.7.            Notwithstanding anything contained herein, the Company disclaims all implied covenants, representations and warranties.

 

3.8.            Notwithstanding anything contained herein, it is expressly stated that the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Website, or that the services provided therein shall be uninterrupted or error-free.

 

3.9.            If the Company decides to change this Terms of Use, the Company may notify such changes to the Customer through its Website. However, the Company may only notify the Customer about those alterations that shall have a direct impact to his/her functionality, interaction and usage of the Website.

 

4.                  EFFECTIVE DATE

The Effective Date of this Terms of Use shall be the date at which the Purchased Item are purchased by the Customer.

 

5.                  INDEMNIFICATION

The Customer shall defend, protect, indemnify and hold harmless the Company and its directors, employees, agents, successors, and assigns (“Indemnified Parties”) from and against any and all claims in connection therewith  (collectively, the “Indemnified Liabilities”), incurred by the Indemnified Parties as a result of, arising out of or relating to:

 

5.1.      any misrepresentation by the Customer to the Indemnified Parties,

5.2.      any misrepresentation of the Customer to any Third Party, with respect to the Indemnified Parties,  

5.3.      any Event of Default

5.4.      all applicable taxes for which the Customer may be liable and

 

The right of indemnification under this Clause 5 is not prejudicial to any other rights of the Indemnified Parties under this Agreement, Applicable Law, and/or equity.

 

6.                  LIMITATION OF LIABLITY

The aggregate liability of the Company under this Terms of Use with respect to any of the transactions envisaged herein shall be limited to maximum retail price of the Purchased Items which are subject matter of such a transaction, which shall be interest free, and does not include any consequential and/or incidental damages.

                       

7.                  GOVERNING LAW AND ARBITRATION

7.1.            This Terms of Use and its performance shall be governed by and construed in all respects in accordance with the Laws of the Republic of India.

 

7.2.            This Terms of Use shall be subject to the jurisdiction of the courts in Bangalore, India.

 

8.                  TERMINATION

The Company shall have a right but not an obligation to terminate its engagement with the Customer on the occurrence of an Event of Default.

 

9.                  SURVIVAL

Clauses 5, 6, 7, 8 and 11 and all the definitions associated thereto (whether under this Terms of Use, under Applicable Law, standard industry practices or otherwise) shall survive the termination of this Terms of Use and/or the engagement with the Customer.

 

10.              ASSIGNABILITY

Except as provided in this Terms of Use, neither Party, shall be entitled to assign their rights and obligations under the Terms of Use to a Third Party without the prior written consent of the other Parties. The Parties shall execute such documents as may be necessary or desirable to give effect to such assignment.

 

11.              CONFIDENTIALITY

It is hereby clarified that nothing contained herein shall affect the ability of the Company to make disclosure to any governmental authority or any other Person under the provisions of any Applicable Law, and/or the ability of the Company to make disclosures to its lenders, third party contractors and/other associated entities.

 

12.              SEVERABILITY

Any provision in this Terms of Use, which is or may become prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Terms of Use or affecting the validity or enforceability of such provision in the same or any other jurisdiction. Without prejudice to the foregoing, the Parties will immediately negotiate in good faith to replace such provision with a proviso, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.

 

13.              INDEPENDENT CONTRACTORS

The Parties are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Terms of Use will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship. 

 

14.              SUPPORT

In case the Customer faces any issues, he can reach out to Christopher Albuquerque (+91 8197188590) 

 

15.              ENTIRE AGREEMENT

This Terms of Use along with the Privacy Policy, Shipping and Delivery Policy, Refund and Cancellation Policy and the Disclaimer comprise the entire agreement of the Parties hereto with respect to the transactions envisaged under this Terms of Use and Annexures attached thereto and the inter-se rights and obligations of the Parties, superseding and replacing all prior negotiations, agreements, discussions, memoranda or heads of agreements. For clarification of doubt, it is expressly stated that the Recitals form an inherent part of this Terms of Use.

 

 

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