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Terms of Service Terms of Service

1. ACCEPTANCE OF TERMS

  • Welcome to https://gourmetgarden.in/ (“Website”) or the mobile application by the name of Gourmet Garden (“Mobile Application”). This website is operated by Anivisha Retail, 91 Springboard Business Hub Private Limited Gopala Krishna Complex, 45/3, Residency Road, MG Road, Shanthala Nagar, Ashok Nagar, Bengaluru, Karnataka 560025 (“We/Us/Our/Company”).
  • These terms and conditions (“Terms of Use”) are an agreement between us and you (“User/you/your"). This Agreement sets forth the general terms and conditions of your use of the Website / Mobile Application and any of its products or services (collectively, "Services"). Your access to the Website/ Mobile Application and use of the Services is conditional on your acceptance of and compliance with these Terms of Use as well as the Privacy Policy and Cookie Policy. These Terms of Use shall apply to all visitors, users and others who access the Website/ Mobile Application or use the Services. By accessing or using the Services you agree to be bound by these Terms of Use. These Terms of Use shall be read along with the terms and conditions under our Privacy Policy (please refer to the Privacy Policy section for more information).
  • We reserve the right to change these Terms of Use from time to time without prior notice. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. Your continued use of this Website/ Mobile Application after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.
  • Use of Website/ Mobile Application is available only to persons who can form a legally binding contract under the laws of India or any other country as applicable. If you are a minor i.e., you may use the Website/ Mobile Application only with the involvement of a parent or guardian.

2. RESPONSIBLE USE AND CONDUCT

  • In order to access our Services, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s.
  • Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
  • You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • We may provide various open communication tools on our website, such as product ratings and reviews, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website/ Mobile Application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content:
  1. that is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. that infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
  3. that contains any type of unauthorized or unsolicited advertising;
  4. that impersonates any person or entity, including any https://gourmetgarden.in/ employees or representatives;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or the Website/ Mobile Application or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
    • We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
    • We do not assume any liability for any content posted by you or any other third party users of our Website / Mobile Application. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of the Company and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our Services. All information provided as part of our registration process is covered by our Privacy Policy
    • You agree to indemnify and hold the Company harmless and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.
    • Although this Website / Mobile Application may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and does not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website / Mobile Application. Your linking to any other off-site websites is at your own risk.

3. PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms of Use. To read our Privacy Policy in its entirety, please see the below.

4. DATA AND ACCOUNT SECURITY

  • In consideration of your use of the Website/ Mobile Application, you agree to: (a) maintain and promptly update any information you provide to the Company, to keep it accurate, current and complete; (b) maintain confidentiality and security of your password and identification; (c) notify the Company immediately of any unauthorized use of your account or other breach of security; (d) accept all responsibility for any and all activities that occur under your account; and (e) accept all risks of unauthorized access to the data and any other information you provide to the Company.
  • The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or such other parties as the case may be, due to any unauthorized use of your account.
  • Using the Website/ Mobile Application may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any such updates.

5.                 USERS’ CODE OF CONDUCT

  • This Website/ Mobile Application are intended for users of the Website/ Mobile Application only. You may not use this Website/ Mobile Application for any other purpose, which is not related to your business with the Services. Any use of this Website/ Mobile Application or any of its functionality for a purpose not permitted by these Terms of Use can be grounds for immediate revocation of any usernames, pass codes or other permissions that may have been granted by the Company for use of this Website/ Mobile Application.

 

  • You are specifically prohibited from: (i) downloading, copying, or retransmitting any or all of the Website/ Mobile Application content without, or in violation of, a written license or agreement with the Company or a specific option to do so as provided by the Company; (ii) using any data mining or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the Website/ Mobile Application content by using, framing or similar navigational technology; and (iv) using Website/ Mobile Application other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

6. LIMITATION OF LIABILITY

You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. The Company will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

7. COPYRIGHTS / TRADEMARKS

  • All content and materials available on https://gourmetgarden.in/, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of the Company, and are protected by applicable copyright and trademark Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Website/ Mobile Application is strictly prohibited unless specifically authorized by the Company.

 

  • This Website/ Mobile Application is operated by us. All the content published, featured or displayed on the Website/ Mobile Application, including, but not limited to, text, graphics, data, images (photographic and moving), illustrations, software and selection and arrangement thereof ("Content"), is owned by us. Any Content will be published, featured or displayed on the Website/ Mobile Application with the prior agreement with the Company.

 

  • You may not use meta-tags or any other "hidden text" utilizing content or any other name, trademark or product name of the Company without our prior written permission.

 

  • In addition, the look and feel of the Website/ Mobile Application, including all page headers, custom graphics, button icons and scripts, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without the Company’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website/ Mobile Application are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

 

  • This Terms of Use does not transfer to you any intellectual property owned by the Company or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Company. All trademarks, graphics and logos used in connection with our Website/ Mobile Application or Services, are trademarks or registered trademarks of the Company or the Company’s Other trademarks, graphics and logos used in connection with the Website/ Mobile Application or Services may be the trademarks of other third-parties. Your use of the Website/ Mobile Application and Services grants you no right or license to reproduce or otherwise use any Company or third-party trademarks.

8. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website/ Mobile Application and resources with or without notice and for any reason, including, without limitation, breach of this Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services provided by us will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

9. GOVERNING LAW

  • The Website/ Mobile Application is controlled by the Company from our offices located in India. It can be accessed by most countries around the world. As each country has laws that may differ from those of India, by accessing our Website/ Mobile Application, you agree that the statutes and laws of India without regard to the conflict of laws will apply to all matters relating to the use of this Website/ Mobile Application and the purchase of any products or services through this Website/ Mobile Application.
  • Any issues arising out of use of Website/ Mobile Application and any conflict with regard to these Terms of Use and Privacy Policy shall be governed and construed in accordance with the laws of India and subject to exclusive jurisdiction of courts in Bangalore, You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Company’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

10. CANCELLATION AND REFUND

No returns and refunds will be made on any agricultural produce .

11. GUARANTEE

Unless otherwise expressed, the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

12. DISCLAIMERS

  • The Company does not make any representation or warranty about the Website/ Mobile Application or the services and products, except as expressly stated in the Terms of Use. Nothing on the Website/ Mobile Application is to be deemed as authoritative advice (whether legal, medical, financial, etc.) of any kind.
  • You must bear the risks associated with the use of the Website/ Mobile Application. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website/ Mobile Application.
  • This disclaimer constitutes an essential part of these Terms of Use. To the fullest extent permitted under applicable law, we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/ Mobile Application, its services or these Terms of Use.

13. PAYMENTS

  • Payment can be made in Rupees by one of the following: Net Banking, UPI, Wallets, or such other payment mode as may be specified by us from time to time. Additional terms and conditions may apply depending upon your payment mode. By making payment through such mode, you agree to the terms and conditions that apply to such mode of payment. We reserve the right to add or remove or modify the terms and conditions for such payment options without prior notice.
  • While availing any of the payment methods available on our Website/ Mobile Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  1. Exceeding the pre-set limit mutually agreed by you and your Bank
  2. Lack of authorization for any transaction/s, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s
    • All payment transactions are subject to approval by your issuing bank / financial institution as applicable. If your bank / financial institution refuses to authorize payment, we reserve the right to cancel the order without any liability. Further, you agree that it will not hold us accountable for any delays caused to the delivery in cases where the payment authorization is delayed by your bank/ financial institution.
    • We reserve the right to decline transaction by customer with a history of questionable charges including but not limited to breach of any agreement by the customer with us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

14. ENTIRE TERMS

  • If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website/ Mobile Application policies constitute the entire agreement between you and us with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website/ Mobile Application. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

15. FORCE MAJEURE

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an “Event Outside Our Control”. An Event Outside Our Control is defined below.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, national or local lockdown, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

  • If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:

We will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16. CONTACT INFORMATION

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:

ANIVISHA RETAIL PRIVATE LIMITED

Registered Address: 91 Springboard Business Hub Private Limited Gopala Krishna Complex, 45/3, Residency Road, MG Road, Shanthala Nagar, Ashok Nagar, Bengaluru, Karnataka 560025

Email: anivisharetail@gmail.com

Phone: +91 910 811 4321

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