ABHYUDAY ORGANIC TERMS AND CONDITIONS
Welcome to abhyudayorganic.com,
Please read these terms and conditions carefully as they outline the rules and regulations for the use of Abhyuday Organic’s Website. Your use of the website shall constitute lawfully binding agreement between you and Abhyuday Bharat Food Cluster LLP. By entering/viewing this website, we assume you accept these terms and conditions stated hereinafter.
1. DEFINITIONS
- "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
- “You”, “your”, “Client” and “yours” are references to you, the person accessing this website abhyudayorganic.com and placing order for products through the website.
- “Company”, “we”, “us”, “our”, are references to the Abhyuday Bharat Food Cluster LLP, having its address at 10th Floor, 1001 & 1020, Times Square Arcade, Shilaj-Thaltej Road, Ahmedabad 380059, Gujarat, India; which owns and operates the website abhyudayorganic.com.
- “Party”, “Parties”, or “Us”, may also refer to both you/Client and ourselves/company.
- "Goods" shall mean the items offered by the company on this website or any medium that is reached through this website.
- “Website” shall mean the portal provided by the Company for the purposes of the Client.
- “Intellectual Property” means all trademark, copyright, creativity, concepts, unique business models, secrets and similar rights developed by the Company.
- “Law” is regulations, requirements and guidelines of the government, court and authorities with which either party is legally required to comply with respect to this terms & conditions.
2. COOKIES & PRIVACY POLICY:
- We employ the use of cookies. By accessing this website, you agree to use cookies in agreement with our Privacy Policy.
- You understand that this website uses cookies to let us retrieve your/user’s details for each visit. You further understand that cookies are used by our website to enable the functionality of certain areas to make it easier for people like you who visit our website. Some of our affiliate/advertising partners may also use cookies.
- You understand that we follow a standard procedure of using log files which log visitors when they visit this website as a part of hosting services’ analytics. You understand that the information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
- You understand that third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on abhyudayorganic.com, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on this website. We have no access to or control over these cookies that are used by third-party advertisers.
- We assure that all collected information will be kept confidential, protective and encrypted and that collection of such data are as per Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
- Where we request any information from you, you agree to provide us with accurate and complete information. We undertake to process all personal data obtained through use of the website in accordance with our Privacy Policy and law.
3. WARRANTIES:
- With reference to your posts or any matter that you publish on our website, you understand and warrant that you have all necessary licenses and consents to do so and such post/matter does not breach/infringe any intellectual property right, including without limitation copyright, patent or trademark of any third party.
- You warrant that your comments/matter will not contain any defamatory, offensive, indecent or otherwise unlawful material which is an invasion of privacy and such comments will not be used to present any commercial activities or unlawful activity.
- You hereby grant Abhyuday Organic & Abhyuday Bharat Food Cluster LLP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media as well as hyperlinking to our Content.
- The following organizations may link to our Website without prior written approval:
- Government agencies
- Search engines
- News organizations
- You understand that online directory distributors may link to this website and we may approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources
- dot.com community sites
- associations or other groups representing charities
- accounting, law and consulting firms and educational institutions and trade associations
- You understand that we will approve link requests from these organizations if we decide that:
- the link would not make us look unfavourably to ourselves or to our accredited businesses;
- the organization does not have any negative records with us; and
- the link is in the context of general resource information.
- You understand that these organizations may link to our home page so long as the link:
- is not in any way deceptive;
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- fits within the context of the linking party’s site.
- If you are interested in linking to our website, you must inform us by sending an e-mail to Abhyuday Organic. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link and you must then wait 2-3 weeks for a response from us.
- You understand that no use of Abhyuday Organic’s logo or other artwork will be allowed for linking absent a trademark license agreement.
4. RESERVATIONS:
- Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. We do not filter, edit, publish or review comments prior to their presence on the website and any/all comments do not reflect the views and opinions of Abhyuday Organic, its agents and/or affiliates. You understand and agree that comments reflect the views and opinions of such person who posts such views and opinions.
- We shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
- We reserve the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
- We may alter or vary the Terms and Conditions at any time without notice to you. We reserve the right to change or revise the Terms and Conditions at any time by posting changes or a revised Terms and Conditions on this Website without any notice. The changed or revised Terms and Conditions will be effective immediately after it is posted on this Website.
- The contents on this website including text, photographs, designs, artworks, etc. are owned by us and any intellectual property arising out of such text, photographs, designs, artworks, etc. belongs to us and nobody else. You/Users are not allowed (in any manner whatsoever) to copy, modify, reproduce, transmit, distribute, or create derivative works of Content or information without permission from us as they are subject to our intellectual property/copyright.
- The trademarks, brand name, logos, and service marks displayed on the Website are owned & controlled by us and any intellectual property arising out of such trademarks, brand name, logos, and service marks belongs to us and nobody else.
- Any feedback should be addressed to the email organic@yahoo.com and our representatives remain available on call +91-9874685301 from Monday to Friday (9 am to 6 pm IST).
5. ORDERS, PAYMENT & SHIPPING
- We reserve all the right to reject any order without assigning any reason whatsoever for doing so. By placing any order after viewing our website, you agree to be bound by these Terms and Conditions. You also warrant that the bank, credit or debit card details that you provide are for your own bank, credit, debit card and that you have sufficient funds to make the payment for the Product/Goods ordered.
- Any order for the goods after viewing our website, you warrant that any of goods ordered by you are not for resale and that you are acting as principal only and not as an agent for another party while ordering and receiving the Goods/Products.
- You further warrant that the goods whose order is sought by you from the Company falls within the definition of goods as defined under this Agreement and the details of the same are also correct and accurate. We take no responsibility with respect to the delivery of the goods ordered, its quality or quantity and you shall be solely responsible for matters connected to the goods.
- If a payment is not received, the buyer forfeits the ownership of any goods purchased. If no payment is received, no items will be shipped. Your confirmation about the debit/credit card or net banking details, third party module details must be correct and accurate and lawfully owned by you.
- All products purchased from us may be either shipped by us or may be picked up by the buyer. Our responsibility for services and transportation of goods shall be deemed fulfilled by delivery of the Goods ordered to the address communicated at the time of placing the order.
- We will take due care and reasonable efforts to deliver the Goods in a timely manner. However, we do not take any responsibility for late delivery or loss caused to you for non-delivery or delay in delivery. We cannot be held liable for any damage, cost or expense incurred to such Goods or premises where this arises as a result of a failure on your part to provide adequate access/address or any other instructions or arrangements for delivery of the goods.
- We reserve the right to refuse or cancel any order for any reason. Any cancellation of order must be notified immediately. If we accept your cancellation, no cancellation fee shall apply. However, if a delivery is already engaged in transportation, the Order may not be cancelled and the Company will not be able to refund you the amount received for the order.
- Situations include any war, civil commotion, strike, governmental action, lockout, accident, epidemic, natural calamities, or any other event of any nature or kind which are beyond the control during such cases non-performance will not be granted.
6. DISCLAIMER & LIABILITY
- We submit that this website has true, factual and pure content. There is no malice in any information or literature available on the website. We shall not be liable for any loss that the buyer faces by taking any actions after reading the material of this website.
- The company will not be held responsible if there is any delay (direct or indirect) in procuring or delivering the goods in any unforeseen conditions which are outside our reasonable control.
- The liability of website, its agents, employees, subcontractors and supplier with respect to any and all claims arising out of the performance or non-performance of our obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price for such products.
- Adequate care has been taken to ensure that the information available on the website is correct and error free. However, we cannot warrant that use of the website will be error free or is fit for the purpose, or is timely, or that the defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of any information provided on the website or made available from any third party.
- We shall not be held liable for any failure or delay in performing services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; pandemic; epidemic; lockout; government guidelines; compliance with any law or governmental order, rule, regulation or direction and acts of third parties “Force Majeure”.
7. INTELLECTUAL PROPERTY
- We (company) retain the absolute right to use the intellectual property including copyrights, trademarks, designs, artworks and all other IPR rights for itself and retains the right to grant it to other third parties. All intellectual property including copyrights, trademarks, designs, artworks and all other IPR rights will remain our property.
- The user/buyer shall not use the services offered by the website, in a way which infringe the intellectual property right of the company. In case of any infringement of Intellectual Property Rights, you/buyer will be solely responsible for any claim arising out of it. We reserve all the right to terminate the account and remove the infringing material of any buyer who is alleged to infringe any intellectual property right.
8. NOTICES & CORRESPONDENCE
- i. If either party shall desire or be required to give any notice/documents, such notice/documents shall be deemed to be validly served if (practiced in either of these forms of communication):
- personally delivered; or
- deposited by post (return receipt requested); or
- sent electronically via email.
- All dealings, correspondence and contacts between us shall be made or conducted in the English language.
9. ARBITRATION & JURISDICTION
- If parties are unable to reach a solution within a period of thirty (30) days, then upon written notice by any other party to the other, the dispute, claim, question or difference shall be resolved by arbitration. A sole arbitrator appointed with the mutual consent of both parties to be resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and such proceedings shall be conducted at Ahmedabad, in accordance with their Arbitration Rules.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of Ahmedabad at Gujarat in India.