Terms and Conditions
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.
- 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).
1. DEFINITIONS AND INTERPRETATIONS AND OVERRIDING EFFECT
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.
1.1.3. “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.
1.2.1 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;
1.2.4 The masculine gender includes the feminine gender and vice versa.
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.
2.9. 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.
2.13. 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.
3.1. 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.
3.7. 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.
4. EFFECTIVE DATE
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
6. LIMITATION OF LIABLITY
7. GOVERNING LAW AND ARBITRATION
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.
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.
13. INDEPENDENT CONTRACTORS
In case the Customer faces any issues, he can reach out to Christopher Albuquerque (+91 8197188590)
15. ENTIRE AGREEMENT