Terms & Conditions
Effective Date: March-
Site Covered: www.bhojyamfoods.com
ALL PRODUCTS INCLUDE MRP + SHIPPING.
The following Terms & Conditions (the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here, govern the use of this website and services supplied by Bhojyam Foods Indore Pvt. Ltd.. (the "Company"). This Agreement governs usage of all pages of this website (collectively referred to as "Website") and any services offered by or on this Website ("Services").
1) DEFINITIONS
This Agreement defines the parties as:
a) Company, Us, We: The Company creates, operates, and publishes the Website and certain Services on it. Bhojyam Foods Indore Pvt. Ltd.. , Us, We, Our, Ours, and other first-person pronouns refer to the Company and its workers and affiliates.
b) You, the User, the Client: This Agreement refers to you as the Website user as You, Your, Yours, or User or Client.
The parties The Company and You are the Parties to this Agreement.
2) ASSENT/ACCEPTANCE
You verify that You have read and agree to this Agreement by using the Website. If You do not accept this Agreement, quit the website immediately. The Company will only supply Website and Services to You if You agree to this Agreement.
3) WEBSITE USE LICENSE
You may receive information from the Company if You use the Website or Services. Such information may include Company-developed documentation, data, or information and other resources that may help You use the Website or Services ("Company Materials"). The Company provides You a non-exclusive, restricted, non-transferable, and renewable license to use the Company Materials solely for Website and Service use under this Agreement. The Company Materials can't be used for any other purpose, and this license ends when You stop using the Website or Services or this Agreement ends.
4) IP
You agree that the Company owns all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP") in the Website and Services. You agree that the Company owns all rights, title, and interest in the Company IP and that You will not use it for illegal or infringing purposes. Without the Company's prior consent, you may not replicate or distribute the Company IP, including electronically or by registering new trademarks, trade names, service marks, or URLs.
a) You grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of any content You publish, upload, or otherwise make available to the Website ("Your Content") to provide the Website and Services. Your Content is no longer Company property.
b) Please notify Us if You believe another user's publication of information or media breached Your intellectual property rights.
5) USER OBLIGATIONS
You may need to register with Us to utilize the Website or Services. Doing so will require You to choose a password and a user identification, such as your email address. You can also add personal information like your name. Your job is to verify this information. This identification allows You to use the Website and Services. If Your identifying information is compromised, You agree to contact Us in writing immediately. You must not share it with anyone else. Email notice is enough. You must keep Your identifying information safe and notify Us of any changes. Providing incorrect or inaccurate information or using the Website or Services for fraud or illegal activities will terminate this Agreement immediately.
6) ACCEPTABLE USE
You agree not to use the Website or Services for illegal or banned purposes. You agree not to use the Website or Services in a way that harms the Company or its business.
a) You also agree not to use the Website or Services to:
I) Harass, abuse, or threaten others; II) Violate intellectual property rights; III) Spread malware; IV) Commit fraud; V) Create illegal gambling, sweepstakes, or pyramid schemes; VI) Publish or distribute obscene or defamatory content; VII) Publish materials/content that incites violence, hate towards other group/s VII) Gather information about others unlawfully.
7) AFFILIATE ADVERTISING AND MARKETING
The Company may engage in affiliate marketing through the Website and Services, receiving a commission or percentage of sales. The Company may also take commercial advertising, sponsorships, and other advertising revenue.
8) PRIVATE INFORMATION
You may supply Us with information by using the Website and Services. You permit the Company to use Your information in India and other countries where We operate by using the Website or Services.
a) Information We May Collect or Receive: When You register for an account, You give Us a valid email address and may give Us Your name or billing information. We may obtain information from external applications You use to access Our Website or through web technologies like cookies, log files, clear gifs, web beacons, or others, depending on how You use Our Website or Services.
b) How We utilize Information: We use Your information to improve Your online experience, including email contact. We may use third-party partners to track passive information to improve Our marketing and analytics.
c) How You Can Protect Your Information: You can disable cookies in Your web browser to prevent Us from accessing passive information from various technologies. Please note that the Company will obtain Your email address and other information. If You end Your account, the Company will keep Your information for 90 days. It will be erased afterward.
9) SALE OF GOODS/SERVICES
The Company or third parties may sell goods or services on the Website. The Company strives to provide accurate product deions and photos. The Company does not guarantee the truth or reliability of product information, and You agree to buy such products at Your own risk. The Company does not guarantee the merchantability, fitness, quality, safety, or legality of products sold by others. You agree to pursue any claim against the product's maker or seller directly, not with the Company. You release the Company from all warranty and product liability claims related to third-party goods and services. Please note that product packaging may differ from internet images. We advise you to read labels, cautions, and instructions before using or consuming a product.
THE WEBSITE PRICES ARE NOT MRP, BUT THEY INCLUDE SHIPPING AND PRODUCT PRICE. SHIPPING IS LIMITED TO REGIONS COVERED BY OUR SHIPPING PARTNERS UNDER NORMAL CONDITIONS.
10) SHIPPING/DELIVERY/RETURN
You agree to pay for any things You buy from Us and realize that prices can vary. You agree to supply Us with a valid email, shipping address, and billing information when buying a physical good. We may refuse or cancel an order for any reason, including inaccuracies or omissions in Your information. We shall reimburse You the purchase money if We do so after payment. We may require further information from You before confirming a sale, and We may impose additional restrictions on Our items' sales. You agree to pay for any things You buy from Us and realize that prices may fluctuate. We may preauthorize Your credit or debit card at the time of order or charge it upon shipment for physical products. You authorize payment method monitoring. You may receive different shipment fees and dates due to unforeseen events. You promise to promptly contact Us at "Contact Us page" for any questions, complaints, or conflicts.
The shipping providers are doing their best to process and deliver products, however owing to unforeseen reasons, many pincodes may be unserviceable or charged at high fees. In this case, we will reimburse the purchase price.
Product packaging and materials may contain more or different information than provided on our website.
You may do the following if You have issues with anything You bought on Our Website:
Customer can return package to us and we will get the product. After request, replacement/refund will begin.
11) REVERSE ENGINEERING & SECURITY
You agree not to: a) Reverse engineer or attempt to reverse engineer any code or software on the Website or Services; b) Violate security by unauthorized access, evading encryption, data mining, or interfering with hosts, users, or networks.
12) DATA LOSS
The Company is not liable for account or content security. You agree to use the Website and Services at your own risk.
13) INDEMNIFICATION
You agree to defend and indemnify the Company and its affiliates (if applicable) and hold Us harmless from all legal claims and demands, including reasonable attorney's fees, arising from Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company may choose its own lawyers and defend itself.
14) SPAM POLICY
The Website and the Company's Services cannot be used for illegal spam operations, such as collecting email addresses and personal information or sending bulk commercial emails.
15) THIRD-PARTY LINKS, CONTENT
The Company occasionally links to third-party websites and services. You accept that the Company is not liable for any loss or harm caused by Your use of third-party services linked to from Our Website.
16) CHANGES AND VARIATIONS
The Company may alter this Agreement without notice at any time. You agree that the Company can change this Agreement or its terms. You also agree that all modifications to this Agreement are in full force and effect right away upon posting on the Website and will replace any prior version, unless explicitly referred to or incorporated into the latest modification or variation.
a) If any part or sub-part of this Agreement is deemed ineffective or invalid by a court, You agree that the prior, effective version will be fully enforceable and valid.
b) You agree to regularly review this Agreement and check the Effective Date at the top for changes. You agree to remove Your cache to avoid accessing an earlier version of this Agreement. Your continuing use of the Website following any Agreement changes indicates Your ongoing acceptance to this Agreement.
c) If You fail to monitor any changes to this Agreement, You waive Your right to examine the updated Agreement.
17) ENTIRE AGREEMENT
This Agreement covers all Website use by the Parties. This Agreement replaces previous written or oral agreements or understandings about Website use.
18) SERVICE DISRUPTIONS
The Company may temporarily suspend Your Website access for scheduled or unscheduled maintenance or emergency services. You accept that unforeseen or unscheduled downtime may impact Your access to the Website for any reason, but the Company is not liable for any harm or loss.
19) TERM, TERMINATION, SUSPENSION
The Company can terminate this Agreement with You with or without cause. The Company reserves the right to terminate this Agreement if You violate any of its terms, including violating the Company's or a third party's intellectual property rights, failing to comply with applicable laws or other legal obligations, or publishing or distributing illegal material. You can also terminate this Agreement by contacting Us if You have an account with Us. Any terms that would normally survive termination will continue in place after this Agreement ends.
(20) WARRANTIES
You agree to use the Website and Services at Your own risk and that Our Services are "As Is" The Company disclaims all explicit and implied warranties, including fitness for a particular purpose and merchantability. The Company does not guarantee that the Website or Services will suit Your demands or be uninterrupted, error-free, or secure. The Company also does not guarantee the Website's or Services' content. Any damage to Your computer system or loss of data from Your use of the Website or Services is Your personal responsibility, and the Company is not liable.
21) LIABILITY LIMITATION
The Company is not liable for any damages You may incur by using the Website or Services to the fullest extent permitted by law. The Company's maximum liability under this Agreement is 100 Rupees or the amount you paid for the last order. This section covers all your claims, including lost earnings or revenues, consequential or punitive damages, negligence, strict responsibility, fraud, and torts.
22) GENERAL PROVISIONS:
a) LANGUAGE: This Agreement requires all communications and notices to be in English.
b) JURISDICTION, VENUE & CHOICE OF LAW: By using the Website or Services, You agree that the laws of INDORE JURISDICTION shall govern any disagreement arising out of this Agreement or between You and the Company, except for its conflict of law provisions. If any litigation specifically permitted under this Agreement is launched, the Parties agree to submit to the personal jurisdiction of the state and central courts of India, at Indore exclusively. This choice of law, venue, and jurisdiction clause is mandatory, according to the Parties. You waive any venue objection.
c) ARBITRATION: If a disagreement arises from this Agreement, the Parties shall first try to resolve it individually and in good faith. The Parties will submit the matter to binding arbitration if personal resolution fails. Arbitration will take place in India. A single arbitrator will have no jurisdiction to add Parties, alter this Agreement, impose punitive damages, or establish a class. The arbitrator must follow the Indian law. Each Party will cover charges and fees. Contract, tort, Central, state, and local laws, ordinances, statutes, and regulations require arbitration under this clause. Intellectual property claims by the Company may be litigated instead of arbitrated. In this sub-part of this Agreement, the Parties relinquish their jury trial rights for arbitral claims.