These Terms are a legally binding document and are an electronic record as prescribed under the provisions of the Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that provides for the due diligence to be exercised for the access or usage of this Website.
These Terms govern the access and use of the Website of the Company and the services provided thereunder. Please read these Terms carefully before accepting. The user (hereinafter referred to as “You”) by accepting the Terms or by accessing, downloading, installing, browsing or otherwise using the Website agree that you have read, understood, acknowledged and accepted these Terms and use of the Company’s Website, Products and services. This Agreement along with Privacy Policy describes the relationship of the Company and Users which will be subject to the rules, guidelines, policies, Terms applicable to any Service that is provided by this Website and shall be considered as part and parcel of this Terms and Conditions.
PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMSHEREIN CONSTITUES AN AGREEMENT HEREUNDER. BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED.
1.1 Definitions
In this Agreement, (a) capitalised terms defined by inclusion in quotations and / or parenthesis have the meanings so ascribed; and (b) the following terms shall have the meanings assigned to them herein below:
1.1.1 Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
1.1.2 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software’s, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
1.1.3 Minor shall mean any person below the age of 18 years.
1.1.4 Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
1.1.5 Privacy Policy means policy as defined under clause __ amended from time to time.
1.1.6 Product(s) shall mean to include, but not limited to, varieties of dry fruits like walnuts, almonds, pista, raisins, dates, pecans, dried berries, macadamia nuts, chironji, hazelnuts and such other commodities added from time to time on the Website.
1.1.7 Services shall mean to include, but not limited to, the facility provided on the website to scroll through the assortment of Products on offer, to add to cart various Products and effectuating the purchase of such Products.
1.1.8 Territory shall mean ‘India’.
1.1.9 Third Party shall mean and include banks, associations, company or any entity whose facilities are being utilized by the Company to provide services to the Users.
1.2 Interpretation
In this Agreement, where the context admits:
1.2.1 any reference to any statute or statutory provision shall include:
a) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated); and
b) such provision as from time to time amended, modified, re-enacted or consolidated (whether before, on or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement as applicable, and, to the extent liability thereunder may exist or can arise, shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision
referred to has directly or indirectly replaced.
1.2.2 any reference to the singular shall include the plural and vice-versa;
1.2.3 any references to the masculine, the feminine and the neuter shall include the others;
1.2.4 references to this Agreement or any other document shall be construed as references to this Agreement or that other document as amended, varied, novated, supplemented or replaced from time to time;
1.2.5 headings to Clauses, parts of Schedules and Schedules are for convenience only and do not affect the interpretation of this Agreement;
1.2.6 the words “include”, “including” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words; and
1.2.7 References to a person’s representatives shall be to its officers, employees, legal or other professional advisers, sub-contractors, agents, attorneys and other duly authorized representatives.
2.1 By browsing the Website, You confirm that You have read, understood and agreed to be bound by all of the Terms set forth in the TOU, which shall constitute a binding contract between the You and the Company.
2.2 If You do not wish to be bound by the TOU, You must exit the Website immediately.
2.3 You are aware and You accept that all information, content, materials, Products on the Website is protected and secured.
2.4 You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties like directors/producers/production houses/ casting agents/ casting agencies, in so far as required for marketing purposes/offering/cross-selling various Services and/or to provide you with various value-added services, in association with the Services
selected by you or generally otherwise.
2.5 You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in the Website either wholly or partially at any time and/or provide an option to You to switch to other Service.
2.6 You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or third party engaged by the Company to provide smooth functioning of the Website. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
2.7 You accept and acknowledge that not all the Products and Services offered on the Website are available in all geographic area and you may not be eligible for all the Services being offered by the Company on the Website. The Company thus reserves the right to determine the availability and eligibility for any Service being offered on the Website.
2.8 You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
2.9 You agree that transactions made through the Company’s Website shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force.
2.10 You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are found engaging in any fraudulent or illegal activity.
By making use of the Website you hereby declare/ confirm that:
3.1 You are aware and accept that all information, content, and materials on the Website is protected and secured.
3.2 You understand and accept that opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by the Company.
3.3 You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties, in so far as required for marketing purposes/offering/cross-selling various Products and services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise.
3.4 You acknowledge and accept that you will be responsible for maintaining the confidentiality of your account information.
3.5 You acknowledge and accept that you will be fully responsible for all the activities that occur under Your account.
3.6 You agree to keep your login credentials i.e. User Id and password safe and confidential at all times.
3.7 You agree to promptly and immediately inform the Company of any actual or suspected unauthorized use of Your Account. You agree that Company shall not be liable for any loss or damage that may occur/arise from Your failure to comply
with the provisions.
3.8 You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in Your account either wholly or partially at any time and/or provide an option to You to switch to other Service.
3.9 You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or Third Party. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
3.10 You accept and acknowledge that not all the Products offered on the Website are available in all geographic area. The Company thus reserves the right to determine the availability and eligibility for any Product being offered on the Website.
3.11 You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
3.12 You agree that transactions made through the Company’s Website shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force. 3.13 You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are
found engaging in any fraudulent or illegal activity.
4.1 Only Citizen of India can use the Services on the Website. The person resident outside India can use the services subject to the condition that the delivery location needs to be in India and payment needs to be done in INR.
4.2 You hereby represent and warrant of being atleast 18 (eighteen) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions.
4.3 You agree and accept that where You are acting as a Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If the Company learns that the Company has collected PII from a minor, the Company reserve the right to immediately delete the information and the account created by such User. If You believe that a minor may have provided the Company PII, you may contact us at _customercare@nutraj.com.
4.4 You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws. 4.5 You agree and acknowledge that the Company does not have the responsibility to ensure that You are following under the aforesaid eligibility.
5.1 In order to use the Website and avail the Services, You need to register on the Website and provide the Company with accurate and complete information. The information provided by you for the creation of Your account shall be considered as Registration information.
5.2 In order to avail the Services available via the Website, You need to Sign Up and make an account on the Website.
5.2.1.1 User can opt to register on the Website by linking its Gmail/Facebook account.
5.2.1.2 For registering on the Website without linking the abovementioned social media accounts, the user will be required to provide the
following PII:
Name
Email Address
Mobile number
Password for the account
5.3 The user undertakes to provide to the Company with accurate and complete information. The information provided by the user for the creation of the account shall be considered as registration information. 5.4 User shall also be required to furnish the following PII during the checkout process to effectuate the purchase of Product(s):
5.4.1 Full Name
5.4.2 Address
5.4.3 Pin code
5.4.4 Bank Account Number
5.4.5 Credit/Debit Card Number
5.4.6 UPI Id
5.5 After furnishing such information, user shall receive an OTP on the registered mobile number complete the registration process.
5.6 On successful registration, You shall receive a welcome message on whatsapp account associated with Your registered mobile number and You will be able to access Your account by using its email ID and password chosen during the
registration process.
5.7 You hereby agree and undertake to maintain and promptly update the Registration Information to keep it true, accurate and complete at all time.
5.8 You shall be responsible for all activities that occur through Your respective username and PIN.
5.9 You shall not:
5.9.1 Select a username, mobile number, email address or any other information of any other person with the intent to impersonate that
person; or
5.9.2 Use a name or contact details subject to any rights of any other person without appropriate authorization
5.9.3 Use details of any other User.
5.10 In relation to any PII being saved or processed, the Company shall meet the requirement of Information technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure Your PII.
5.11 If the Company has the reason to believe the information/PII provided by You is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and Conditions, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Website and refuse to provide access permanently for such period as the Company deems fit.
5.12 You agree that the Company shall not be liable for any unauthorized hacking of Website leading to leakage or misuse of PII.
5.13 You agree that the Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and Your failure to comply with these Terms and Conditions.
6.9 You shall be responsible for all activities that occur through Your account.
6.10 You agree that the company shall not be liable for any unauthorized use or access of Your account.
6.11 You are responsible for safeguarding the password that is used to access the Website for the Services. The Company encourages You to use strong Password and change the Password periodically with the account.
6.12 You agree that Company shall not be held liable for Your failure to comply with the abovementioned clause i.e. Clause
6.3.
6.13 You will be given an option to change the password for Your account on the Website in case of any loss or compromise of password.
6.14 You agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use Your login details or account. The Company shall not have any responsibility for the consequence of failure in case you fail to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result. Furthermore, the Company shall not be responsible for any loss that You may suffer as a result of unauthorized access to your accounts and/or use of the Services, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
7.9 Specificities of delivery information has been provided here.
7.10 Specificities of return, refund and cancellation policy has been provided here.
8.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1.1.2.
8.2 You acknowledge and agree that all intellectual property rights including trademarks and logos of the Company and the Website shall vest in the Company and You shall not indulge in any act that construes that such trademarks and logos of the Company belongs to You.
8.3 You acknowledge and agree that the Company owns all rights, title and interest in the Service and the Website, including the intellectual property in the Service and the Website developed, graphics, and programming code thereto, description, photographs, etc. created/use for You shall solely vest with the Company.
8.4 The Company grants You a limited license to access and make personal use of the Website and Services.
8.5 Access or use of Website does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
8.6 You agree and acknowledge that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
8.7 You agree and acknowledge that You do not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 8.8 You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Service.
8.9 You agree to not copy or transmit any of the Service. 8.10 You agree and acknowledge that You shall not use the Website or its contents for any commercial purpose or make any speculative, false, or fraudulent
transaction.
Nutraj at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any Products and services through the website without assigning any reason thereof. Any contract to provide any service by Nutraj is not complete until the entire consideration towards the service is received by Nutraj.
9.1 By making use of the Website, and furnishing your personal/contact details (PII), You hereby agree that You are interested in the Services, offers, campaigns etc. that the Company or any other third party may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e- mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.2 You hereby agree to be contacted by the Company, either electronically or through phone, to apprise You about the following, including but not limited to,:
A. any ongoing offers, discounts;
B. Your shipment information;
C. to understand Your interest in the Products available;
D. to complete your application for the Services; and
E. to assist You for customer servicing.
9.3 You also expressly agree and authorize the Company and its partners, service providers, vendors and other third parties to contact You for the purpose of offering or inviting your interest in availing other Products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.4 You acknowledge and accept that by using the Website, You authorize the Company, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Website and for offering or inviting your interest in availing any other Service offered by the Company or such third parties. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
9.5 You will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
9.5.1 misuse by You or improper or fraudulent information provided by You; and
9.5.2 incorrect number or a number that belongs to an unrelated third party provided by You.
9.6 You agree to receive communications through e-mails, telephone and/or SMS, from the Company or third parties. You also agree that the Company reserves the right to make Your details available to vendors, service providers, business partners, agents or any other third party in conjunction with our Privacy Policy and that You may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
10.1 The Company shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. The Company has installed internal checks and mechanisms to ensure the same.
10.2 Purpose of collecting PII: The major purposes for the collection of PII are listed below:
10.2.1 For improving services offered and received using the Website;
10.2.2 For keeping internal records;
10.2.3 For market research purposes;
10.2.4 For the purpose of enhancing Your experience
10.3 In case You change Your mind and wish to discontinue sharing Your PII, You may express such intention by emailing us at (support@indiadeposit.in_).
10.4 The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
10.5 The Privacy Policy applies to current and former vistors to Our Website. To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy.
11.1 You acknowledge that in course of Your relationship with the Company and in using the Services, you may obtain information relating to the Services and/or the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not
patentable), techniques, processes, programs, ideas, algorithms, schematics,
testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
11.1.1 You shall not use except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior
written consent of the Company unless such ProprietaryInformation becomes generally publicly available without your
breach of this Agreement.
11.1.2 You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
Contai, West Bengal, Vill-Betalia, P.O-Durmuth, P.S.-Marishda, West Bengal, PIN- 721401
+91 9144400222
care@nuttyfood.shop
