TERMS OF SERVICE
“www.onflavor.in” (hereinafter, the ‘Website’) is owned and operated by Mr. Roy George P (hereinafter the ‘Owner’), having Office at 22/592, Pulari Gardens, Pallathery P.O., Palakkad, Kerala, India – 678007.
“We”, “Us”, “Our”, “OnFlavor”, shall mean the Owner.
“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Site
“You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Site.
“Website” shall mean www.onflavor.in, a Website through which the services offered by Mr Roy George P shall be availed.
“Content” refers to any text, image, graphic, video, audio, location or all forms of data which are made available on the the Website, www.onflavor.in
“Your Content” refers to any content submitted by way of registration or interaction by means of publishing or uploading content on the Site.
“Third Party” refers to any person other than the “User”, “Owner” or the “Website”.
- ABOUT ONFLAVOR.IN
The Website is primarily for any user (Hereinafter ‘OnFlavor Members’) who would like to place an order for coffee and/or tea to be delivered to the location provided by them, sourced directly from the coffee and/or tea plantation where said coffee and/or tea is produced. The same service will be introduced, in time, for spices and other raw food items.
ELIGIBILITY AND ACCESS
For a Registered Member:
Members need not register with the Website to avail its services, but if a Member wishes to store information such as a delivery address in order to streamline the ordering process he/she would have to register by providing certain information, this information includes, but is not limited to, the following: Name, Address, Phone Number, Email ID
The Website may further, in its discretion terminate or end the relationship with any User with or without furnishing reasons for the same after settling all dues.
To User need only register in order for the Website to remember the User for future orders.
At any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Owner has reason to believe You have done so, We hold the right to permanently suspend Your account.
- CONTENT ON THE WEBSITE
You agree, undertake and confirm that your use of our service shall be strictly governed by the following binding principles:
You agree and understand that the Website merely provides a delivery service, and is in no manner responsible or liable for the User’s interaction with plantation owners or other third parties.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation, any usage rules set forth in this Agreement.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
- access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Owner’s services; (ii) any other party’s use and enjoyment of Owner’s services; or (iii) the services and products of any Third Party (including, without limitation, the Authorized Device).
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s electronic device;
- download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website, or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, or any affiliated or linked Websites and/or Applications;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten 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 other nation.
- disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India;
Browsing and the use of this Website is free of cost.
However, the Owner shall charge Members for delivery service and purchase.
Due to the nature of the product, it being coffee and/or tea, once the packaging of the product has been opened or breached in any manner, the Owner will not be offering any refunds or replacements if the User wishes to claim the same.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website.
- TERM AND TERMINATION
- These Terms will remain in full force and effect while you are a User of the Website.
- You may cease to be a User at any time, for any reason, effective upon receipt by the Owner of your written or email notice of termination, sent to the postal or e-mail address.
- The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or delete your Profile and/or any content you have submitted on the Website.
- The Website may immediately terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted on the Website in the event that you have breached these Terms. In the event of such termination no refund shall be payable by the Owner.
- DISCLAIMER OF WARRANTY & LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS PROVIDED BY THIS WEBSITE ARE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE OWNER MAKES NO WARRANTY THAT
a. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c. ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE OWNER ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER ELECTRONIC SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE OWNER ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL, WEBSITE OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS OWNER INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL THE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE FREIGHT FORWARDER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- GOVERNING LAW
In the unlikely event we end up in a legal dispute, it will take place in the Palakkad in Kerala courts, applying Indian law.
You agree that the laws of the State of Kerala, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Palakkad and we each agree to personal jurisdiction in those courts.
- INTELLECTUAL PROPERTY RIGHTS
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
You agree that the Owner, automatically assigns this Agreement and information incorporated herein in to a User. You may not assign your obligations under these terms to another entity.
- MISCELLANEOUS TERMS
- Independent Contractors: The Owner is not an agent, employee or partner of the User or the plantations’ whose product will be listed on the Website.
- Modification of the Terms of Service: These terms of service may be modified from time to time to deliver better services or to intimate Users of the modified terms. It shall be the obligation of the User to acquaint himself or herself with the modified Terms of Service from going to the Website and reading the terms of service from time to time. The Owner agrees to inform the User either through email or a pop up on the main page if there have been any significant changes made to the terms of usage on the Website.
- Waiver: A decision not to act against any User for any improper conduct does not prevent the Owner from acting in any future case against the same or other Users.
- Severability: Any portion of this Agreement held unenforceable by a Court of law shall not affect the operation of any other portion of the Agreement, and the rest of the Agreement shall be read in such a way as to be compliant with all applicable laws.
- Dispute Resolution: All disputes will be resolved amicably by mediation or negotiation, following which they shall be referred to arbitration, as per the Arbitration and Conciliation Act, 1996. The seat of the arbitral proceedings shall be Palakkad in Kerala and the venue of the same shall be Palakkad in Kerala. The matter shall be referred to a sole arbitrator as selected by Owner. The arbitral award shall be final and binding on both parties.
- CONTACT US
If you have any questions about this Agreement, the practices of the Owner, or your experience with the Website, you can e-mail us at [email protected]