RETURNS AND REFUNDS POLICY:
Purchases made from online store of www.masalatokri.com cannot be returned after purchase. We offer full-replacement of products that might be damaged in transit. Replacement orders are processed immediately after our customer support team validates the damage via communication over e-mail or phone.
Replacement Orders and Refunds will be processed only if the query is raised within 30 days of placing the orders. Any queries or concerns beyond 30 days from order confirmation date will not be entertained.
Any cancellations can be processed within 24 hours of placing the orders, by writing to us at email@example.com. Refund for cancelled orders will be processed to the original mode of payment within 5-10 working days.
This Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. This Policy does not require any physical, electronic or digital signature. This Policy shall be deemed to be incorporated into the terms of service of the Website (“Terms of Service”) and shall be read in addition to the Terms of Service. In the event of any conflict between this Policy and the Terms of Service, the interpretation placed by us shall be final and binding on you.
This Policy is being framed in view of the Information Technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
By accepting this Policy, you understand and agree to the collection, use, sharing and processing of personal information as described herein. If you provide us with personal information about someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to both the disclosure and the use/processing of their information in accordance with this Policy. This Policy applies to all the current and former visitors, users and others who access the Website.
This Policy describes the types of information we collect, why and how we use the information, with whom we share it, and the choices you can make about our use of the information. This Policy also describes the measures we take to protect the security of the information and how you can contact us about our privacy practices.
By accessing or using the Website or giving us your information or otherwise clicking to accept this Policy, if and when prompted on the Website, you expressly consent to our use and disclosure of your Personal Information (as defined below) including SPDI (as defined below) in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use/access the Website.
In case you wish to avail any or all of the services provided by us on the Website, you are required to register on the Website and thereafter access the Website using the login credentials provided by you at the time of registration (“Login Credentials”) or use the Website as set out in the Terms of Service. You hereby explicitly agree that your use of the Login Credentials and the Website shall be governed by the Terms of Service read with the terms of this Policy.
SECTION 1 – TYPES OF INFORMATION COLLECTED
Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, gender, e-mail address, or any other contact information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords, financial information (bank accounts, credit and debit cards or other payment instruments), physical information. We limit the collection of Personal Information to that what is necessary for its intended purpose.
Non-Personal Information: Non-personal information means information that does not specifically identify an individual, but includes information from you, such as your browser type, the URL of the previous websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. We may gather any non-personal information regarding how many people visit the Website, the pages they visit, their IP address, browser types and versions used while visiting the Website (hereinafter referred to as “Non-Personal Information”). We may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by us.
Usage Information: Usage Information includes without limitation all data and information collected automatically through the Website (or through the third party analytics service providers), by use and access of the Website in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Website including without limitation Non-Personal Information, cookies, Website traffic, time spent on the Website, number of visits to the Website and other similar information and behaviour indicating the mode and manner of use of the Website (hereinafter referred to as the “Usage Information”).
Personal Information, SPDI, Non-Personal Information and Usage Information hereinafter shall be referred to as “Information”.
SECTION 2 – COLLECTION OF INFORMATION
We may collect Information from you when you (a) register on the Website; (b) update or change personal details in your account; (c) use the Website for any of the services being offered thereon (including, when you report a problem with the Website and/or the services); (d) voluntarily participate in campaigns conducted by us on the Website or respond to questionnaires published by us on the Website (if any); (e) voluntarily complete a customer survey or provide feedback in relation to the products and services provided on the Website or leave comments on the Website; and (f) when you carry out transactions on the Website.
You hereby acknowledge and agree that all Information is provided by you to us is voluntarily and the Information provided by you is not subject to any undue influence.
You are also required to provide your billing address as well as credit/debit card details which may be aligned with third party payment wallets. We will use this Information only for processing orders, billing and delivery purposes. For your convenience, we or an authorised payment gateway saves the billing information and remembers certain details of the payment choices made by you in the event you would like to carry out any other transaction and/or place an order on the Website again.
We may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Website like your Internet Protocol address, your Operating System, your prior search results etc., which may or may not be publicly accessible.
Information collected by us from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
You may use the Website without providing us any Information about yourself. However, you may not be able to access certain services of the Websites in case you choose to do so.
SECTION 3 – USE OF INFORMATION
We use the Information you provide to (a) manage your account (including, maintenance of informal records of payments and other transactions that take place within a group); (b) fulfil your requests for the products and services offered on the Website, i.e., to process and deliver your orders placed on the Website (including to manage payments, fees and charges and collect and recovery money owed to us); (c) respond to your inquiries about its offerings and the transactions carried out on the Website; (d) provide you with information about products and services available on the Website and offer you other products and services that we believe may be of interest to you; (e) resolve any glitches on the Website including addressing any technical problems; (f) improve the services and content on the Website and your experience of navigating through the Website and carrying out transactions on the Website; and (f) manage our relationship with you.
We may use the Information to monitor your use of the services and may review and analyse the Information provided by you to provide you with customized service.
We may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends. Subject to and in accordance with applicable laws, we have the right to use your Information for the purpose of conducting promotional/marketing related activities on the Website, including but not limited to, using your Personal Information for making posters/banners to promote our services.
When you send an email message or otherwise contact us through the Website, we may use the Information provided by you to respond to your communication by way of Short Message Service (SMS), email or any other communication channels that we may deem fit. We may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.
SECTION 4 – INFORMATION SHARING
We maintain your Information in electronic form on our devices and on the equipment of our employees. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.
We do not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent or to provide services you have requested for or under the following circumstances:
(a) We may share Information with our partners, and affiliates to contact you via email, phone, or otherwise for the provision of services being availed by you on the Website.
(b) In order to process your transactions, we may direct you to a payment gateway service provider of our own choice, which may have access to the Information provided by you while making such payment.
(c) We may engage third party vendors and/or contractors to perform certain support services, who may have limited access to Information.
(d) We may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency’s request.
SECTION 5 –THIRD PARTY SERVICE PROVIDERS
The Website may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such websites or otherwise visiting any such websites, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.
SECTION 6 – DISCLOSURE TO ACQUIRERS
We may disclose and/or transfer Information to an investor, acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of our entity, business or assets.
SECTION 7 – CONTROL OVER YOUR PERSONAL INFORMATION
You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to us in writing through an email at firstname.lastname@example.org. requesting the same. If you at any time wish to rectify your Personal Information, you may write to us though an email at email@example.com.
Once you withdraw your consent to share the Personal Information collected by us, we shall have the option not to fulfil the purposes for which the said Personal Information was sought and we may restrict you from using the services on the Website and/or the Website itself.
If you wish to delete your account, and thereby discontinue using the services provided by us on the Website, you may do so at any time, in accordance with the Terms of Service.
SECTION 8 – RECTIFICATION/CORRECTION OF PERSONAL INFORMATION
You shall have the right to review your Personal Information submitted by you on the Website and to modify or delete any Personal Information provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect our ability to provide our services to you.
We reserve the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of your Personal Information may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
If you need to update or correct your Personal Information that we may have collected to offer you personalized services and offers, you may send updates and corrections to us at firstname.lastname@example.org citing the reason for such rectification of Personal Information. We will take all reasonable efforts to incorporate the changes within a reasonable period of time.
SECTION 9 – COOKIES
Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. You may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
SECTION 10 – TERM OF STORAGE OF PERSONAL INFORMATION
We shall store your Personal Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Personal Information has been collected. These periods vary depending on the nature of the information and your interactions with us.
For example, if you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
You agree that you will not submit any false information or any illegal or damaging content to the Website.
We reserve the right to terminate access to or the ability to interact with the Website in response to any concerns we may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
SECTION 11 – PROTECTION OF INFORMATION
We have taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. We take robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
We consider the confidentiality and security of your information to be of utmost importance. We therefore use industry standards, and physical, technical and administrative security measures to keep Information confidential and secure. We do not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while we strive to protect Information and privacy, we cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. We will periodically evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind.
For any loss or theft of Information, due to unauthorized access to your device through which you use the Website or other reasons solely attributable to you, we shall not be held liable or responsible under any circumstance whatsoever. Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.
SECTION 12 – MINOR & USAGE ON BEHALF OF ANOTHER PERSON
We do not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. We do not intentionally or knowingly collect Personal Information through the Website from anyone under that age. We encourage parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to our use of such person’s Personal Information as described in this Policy.
SECTION 13 – LIMITATION OF LIABILITY
We shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under this Policy.
We are not responsible for any actions or inactions of any third parties that receive your Information.
Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within our control and which we are not able to overcome.
SECTION 14 – OPT-OUT
Once you register as a user or transact on the Website, you may receive communication, including but not limited to Short Message Service (SMS) and phone calls from us on the mobile number and e-mails on your e-mail address provided to us. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by us. You have the option to ‘opt-out’ of all newsletters and other general email marketing communications from us by way of links provided at the bottom of each mailer. We respect your privacy and in the event that you choose to not receive such mailers, we shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.
SECTION 15 – CHANGES TO THIS POLICY
We reserve the right to update, change or modify this Policy at any time and will notify you at least once in a year, or whenever there is a change in the Policy, as the case may be by email or posting a conspicuous notice on the Website in the event of any material revisions to this Policy. The Policy shall come to effect from the date of such update, change or modification.
SECTION 16 – GOVERNING LAW
This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of this Policy the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, Maharashtra.
SECTION 17 – GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Miss. Aarti Samant
Contact us: email@example.com
Time: Mon – Sat (9:00 – 18:00)
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Policy or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
SECTION 18 – HOW TO CONTACT US
Questions about this Policy should be sent to us at firstname.lastname@example.org.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The domain name https://masalatokri.com/ and its related sub-domains, sites, services, tools (collectively, the “Website”) is owned and operated by Spicemix Foods. Throughout the Website, the terms “we”, “us” and “our” refer to Spicemix Foods, (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Service apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Terms of Service or unable to be legally bound by these Terms of Service, then you may not access the Website or use any services or otherwise click to accept these Terms of Service, if and when prompted on the Website.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Service at any time, and will notify you at least once in a year, or whenever there is a change in these Terms of Service, by email or by posting a conspicuous notice on the Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. As long as you comply with these Terms of Service, we grant you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Website.
A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Website and the Service.
SECTION 1 – ELIGIBILITY
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover that you are not eligible to use the Website. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms of Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/Debit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICE
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may also discontinue any or all of the products and Service provided on the Website, as we may deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The provision of Service on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result of such disruption or outages.
SECTION 6 – OPENING AN ACCOUNT
The Website allows only limited and restricted access to the Service for unregistered users.
As part of the sign-up process, you will have to create an account on the Website (“Account”), which can be done either by signing up through Facebook, Google, by your personal e-mail address or through such other means as may be indicated by us from time to time. In case of login through personal e-mail address, you will be required to provide an e-mail address and a password. While signing-up with us, you shall not (a) create an Account for anyone other than yourself, unless such person’s prior permission has been obtained; or (b) create an Account that is the name of another person with the intent to impersonate that person. You are solely responsible for all activities that occur under the Account and hereby undertake that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.
We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Website and the Account.
Once registered, you can log in to the Account by (a) using the e-mail address and password; or (b) by logging into Facebook or other third party websites/modes, provided at the time of signing-up (“Login Credentials”). You agree that the sole responsibility of maintaining the security and confidentiality of the Login Credentials rests with you at all times. You shall not share these Login Credentials with any third party. In no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of your use of the Website or the Login Credentials, theft of the Login Credentials or release by you of the Login Credentials to a third party, or your authorization to allow another person to access and use the Website using the Account.
You agree to (a) immediately notify us of any misappropriation or unauthorised use of the Account or any other breach of security via. the registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by us; and (b) exit from the Account at the end of each session. You may be held liable for losses incurred by us or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.
If you do not want to create an Account on the Website, you, as an unregistered user, are permitted to make purchases on the Website without creating an account by using the option of ‘Guest Checkout’. In order to avail this ‘Guest Checkout’ option, you shall be required to provide us with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, as an unregistered user, the information you provide us will not be saved on the Website and you will be required to re-enter such information every time you use ‘Guest Checkout’ on the Website at the time of purchase.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from the Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns and Refunds Policy.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available on our Website may include third party materials, links or interactive functionality interacting with the websites of third parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise or post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the Website or any specific page, blog of the Website (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You hereby grant us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Comments and create derivate works of the Comments. You represent and warrant that you own or otherwise control all of the rights to the Comments that you post or that you otherwise provide on or through the Website.
You, being the originator of the Comments, are responsible for the Comments that you upload, post, publish, transmit or otherwise make available on the Website. You represent and covenant that you have obtained all relevant consents and approvals in order to post any Comments and that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove Comment that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 11 – AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms of Service consent to the receipt of communication from us by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by us, services from us and its third-party partners (if applicable).
SECTION 13 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time with prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PAYMENT FACILITY
The Website permits payment via various modes, virtual payment wallets and online payments through debit/credit cards and internet banking.
While availing any of the payment method/s available on the Website, we will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transaction(s); (b) exceeding the pre-set limit mutually agreed by you and between bank/s; (c) any payment issues arising out of the transaction; (d) rejection of transaction for any other reason(s) whatsoever.
All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees. It is expressly clarified that we will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
You acknowledge that we will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond our control.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
belongs to another person or entity and to which you do not have any right, except as expressly provided in these Terms of Service;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
is misleading in any way;
is harmful to minors;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number);
provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website;
engages in commercial activities without our prior written consent such as engages in contests, sweepstakes, barter, advertising etc;
interferes with another person’s use of the Website;
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 cognizable offence or prevents investigation of any offence or is insulting any foreign States;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Service;
deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
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;
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; and
violates any applicable law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge than in no event and under no circumstances we shall be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website.
You agree and acknowledge that you shall not use the Website for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Website. You further agree and acknowledge that you shall use the Service provided on the Website only for your personal use and not for business purposes.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We shall have the right, but not the obligation, to monitor your access to or use of the Website to ensure your compliance with these Terms of Service or applicable laws, at our sole discretion.
We reserve the right to terminate your use of the Service or any related website for any of the prohibited uses.
SECTION 15 – CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Except for Comments, all of the content and services and products provided on the Website, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by us or others (including without limitation, the third party service providers) that we license such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes our valuable intellectual property. You thereby agree to protect our proprietary rights at all times. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
You shall use the Website strictly in accordance with these Terms of Service, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms of Service; (h) use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any products or any services offered by or listed on the Website; or (i) derive any confidential information, processes, data or algorithms from the Website.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
SECTION 17 – REFERRALS AND REWARDS
From time to time, we may offer referral bonuses and rewards to you for inviting new users to the Website and for completing other activities.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT, SATISFACTORY QUALITY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT AND THE ACCURACY OF THE INFORMATION. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT THE USE OF WEBSITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR CONTENT SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE OF THE SERVICE IS AT YOUR SOLE RISK.
FURTHER, WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION
IN NO CASE SHALL WE, OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD US HARMLESS INCLUDING OUR PARTNERS, AFFILIATES AND GROUP COMPANIES (AS APPLICABLE) AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE WEBSITE.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Spicemix Foods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, or actions including reasonable attorneys’ fees, made by any third-party or penalty imposed due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party (including infringement of any intellectual property rights) of a third party.
SECTION 19 – SEVERABILITY AND WAIVER
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
SECTION 20 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Website.
We in our sole discretion for any reason or no reason, including if you have failed or if we suspect that you have failed, to comply with any term or provision of these Terms of Service, may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) and/or the Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The disclaimer of warranties and the governing law provisions shall survive any termination of these Terms of Service.
SECTION 21 – ENTIRE AGREEMENT
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of these Terms of Service the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Mumbai, Maharashtra.
SECTION 23 – ASSIGNMENT
You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms of Service in any manner without our prior written consent. We reserve the right, at our own discretion, to freely assign and transfer the rights and obligations under these Terms of Service to any third party.
SECTION 25 – GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Miss Aarti Samant
Contact us: email@example.com
Time: Mon – Sat (9:00 – 18:00)
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms of Service or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
SECTION 25–HOW TO CONTACT US
Questions about these Terms of Service should be sent to us at