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Terms & Conditions

YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. BY ACCESSING OR USING WEBSITE OR SERVICES YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AS PER APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO AGE REQUIREMENT) TO ACCEPT THE TERMS ON BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR SERVICES.

The following terms and conditions shall apply to this website owned by "Foodlink F&B Holdings (India) Limited (formerly known as Foodlink F&B Holdings (India) Private Limited ("Company/Foodlink"". Please read the statement carefully. If you [the User] do not wish to be bound by the terms and conditions mentioned herein, kindly refrain from accessing the website. Access to this site shall be deemed to be an acceptance of these terms and conditions. By using the website, you accept and agree to be bound by these terms and conditions as applied to your use of the website and you are deemed to have read and understood all of its contents and implications.

CONTEXT:

The terms and conditions (the "Terms and Conditions") govern your use of this website, and any content made available from or through this website. "Foodlink" may change the Terms and Conditions from time to time, at any time with or without notice to you, by posting such changes on the website. Those who choose to access this site from locations other than India do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any rights not expressly granted herein are reserved.

GRANT OF ACCESS:

When/While using the website in whatsoever manner, the end User shall also be subject to the "Foodlink" Privacy Policy and such other additional guidelines, policies or rules formulated in accordance with the laws prevalent in India, applicable to specific services and features, which may be posted by "Foodlink" from time to time (collectively, the "Guidelines"). All of these Guidelines are part of the terms and are hereby incorporated by reference.

CONTENT OWNERSHIP AND LIMITED LICENSE

Company Content:

means Company proprietary content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.

Third Party Content:

You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.

User Submissions:

means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that the Company allows its users to uploads, posts, flips, compiles or otherwise provided to Company via the Site and Services, as applicable.

Ownership:

The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Company Content. Company claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.

Limited License:

Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the Content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the Contents or the Services will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or the Services for any unauthorised purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.

Geographic Limitation:

The Site and/or the Services are controlled and offered by Company from its facilities in the territory of India. Company makes no representations that the Site or Services are appropriate or available for use in other locations. If you are accessing or using the Site or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Site or Services may contain or provide links to content hosted on website located outside of India.

ADVERTISING MATERIAL:

Part of the Site or the Services may contain advertising information or promotion material, or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.

YOUR OBLIGATIONS:

You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:

  • circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services.
  • either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company;
  • either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
  • use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company's server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party's use and enjoyment of the Site or the Services;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
  • perform any activity which is likely to cause such harm;
  • carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
  • use the Site or the Services for illegal or unlawful purposes;
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company's customer;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
  • attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
  • incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
  • create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company;
  • use or launch any "robots", "spiders", "offline readers" etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site's servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
  • Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
  • Use the Site, Services or Company Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Encourage or enable any other individual to do any of the foregoing.

PROHIBITED ACTIVITIES:

You agree not to host, display, upload, modify, publish, transmit, store, update or share any information or User Submissions which

  • belongs to another person and to which the user does not have any right;
  • is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • is harmful to child;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

INTELLECTUAL PROPERTY

The User is not permitted to directly or indirectly alter, reverse engineer, modify, or create any derivative works of the website and the platform, or any other "Foodlink" Intellectual Property. The User shall not, directly or indirectly, attempt to discover or expose the source code underlying any "Foodlink" Intellectual Property. The User agrees that, as between the User and "Foodlink", all the intellectual property rights in the "Foodlink" Intellectual Property are owned solely and exclusively by "Foodlink".

The User shall not directly or indirectly, and shall ensure that all Users and Members do not:

  • hack, deface or otherwise misuse the Website or attempt to gain unauthorized access to other parts of the website or the technology used to create it.
  • modify or copy any "Foodlink" Intellectual Property
  • attempt to decompile or reverse engineer any software contained on the website.
  • remove any copyright or other proprietary notations or any legal notices from the website
  • attempt to access the source code of the software underlying the website
  • copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any "Foodlink Intellectual Property
  • access the website to build a product using similar ideas, features, functions, interface or graphics
  • attempt to gain unauthorized access to "Foodlink" computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website
  • develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the website authorize or encourage or permit any third party to use the website to facilitate any of the foregoing prohibited conduct.

DISCLAIMER OF WARRANTIES AND LIABILITY:

You understand and agree that the Company provides the Services on 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers. The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages. In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

  • any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
  • your use or misuse of or access to the Site or the Services;
  • your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that you have caused damage to a third party.

The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company's defence of these claims.

E-COMMERCE TRANSACTIONS ON THE WEBSITE:

We may make available the products/services to the Users by way of this website. You may register yourself on the website and avail the required services/products. If you order any service/products, you hereby represent and warrant that you are 18 years old or older. For processing the payment for purchase of the service/products, you will be directed to a recognized payment gateway. Delivery of the subscribed service/products are undertaken by third party agencies like courier services and postal services. Foodlink shall not be held liable with respect to damaged or lost/ misplaced issues with the same. Certain services/products that you purchase and/or download on or through the website may be subject to additional terms and conditions presented to you at the time of such purchase or download.

LIMITED PERSONAL USE:

You may access and view the content on the website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the website, make single copies or prints of the content on the website for your personal, internal use only. Use of the website and the services offered on or through the website, are only for your personal, non-commercial use.

TERMINATION/DISCONTINUATION OF SERVICES/WEBSITE:

Foodlink may terminate, change, suspend or discontinue any aspect of the website or the website's services at any time.

AMENDMENT:

Foodlink reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the website and/or the services made available on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

DISPUTES, GOVERNING LAW AND VENUE:

Foodlink shall not be held responsible for disputes arising out of interactions between members/Users. Foodlink reserves the right, but has no obligation, to become involved in any way with these disputes. The terms shall be governed by the laws of India without regard to its conflict of law principles. The User agrees to submit to the personal and exclusive jurisdiction of the courts of Mumbai, India for the purpose of litigating all such claims or disputes.