100% Natural
These User Terms of Service (“Terms of Service”) constitute a binding contract between You (“User” or “Customer” or “You”) and TASTE U LOVE (TUL) (“Us”, “We”, “Company”), regarding the terms under which We will provide You with access to Our Website and Mobile Application.
This User Terms of Service Policy sets out the terms between You and Us under which You may access Our Website at www.tul.com and Mobile Application (hereinafter referred to as the “Our Platform”). This User Terms of Service Policy applies to all Customers and Users of our Website.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, USER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). User agrees that its assent, given electronically, shall have the same legal effect as if it had been personally signed by User. To the extent permitted by the law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically.
1.TERMINOLOGY
i.“Company” – means TASTE U LOVE (TUL).
ii.“Content” – means the information available on the Website.
iii.“Customer” – shall mean the customers of TASTE U LOVE (TUL) / Taste U Love who have registered as customer on Our Platform.
iv.“Effective Date” – refers to the date that the Company confirms/enlists User’s as a registered User for purchasing the products listed on the Platform and/or the date of acceptance of this User Terms of Service by User, whichever is earlier, and the same shall be binding on the parties hereto as Effective Date.
v.“Services” – means the Website and Mobile Application, and its entire contents, features and functionality (including but limited to, all information, software, code (source code and object code), user interface, algorithms, data, data structure, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Content, and any documentation pertaining to the foregoing) related to the Website and Mobile Application.
vi.“User” – refers to a person that is our Customer and has the right to access Our Platform after registering themselves on Our Platform. A User must possess the legal right and ability to enter into binding contracts.
a.User agrees to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to Our Platform or portions of it using User’s Authentication Information. User shall notify Company immediately of any unauthorized access to, or use of, Authentication Information. We have the right to disable any User’s access to Services at any time, in our sole discretion [for any or no reason, including] if, in Our opinion, and/or User has violated any provision of these Terms of Service or appear likely to do so.
vii.“Vendor” – refers to an individual / entity / organization / institution or any other type of legal entity that deals in luxury, authentic and premium architectural, interior décor and antique products who shall be registered as a Vendor with Us on Our Platform.
viii.“Registration” – means registering as a User on Our Platform.
ix.“Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the Vendor experience, including worms, Trojan horses, viruses and other similar things or devices.
x.“Website” – means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company’s website located at www.tul.com
xi.“Website Provider” – means TASTE U LOVE (TUL).
2.INFORMATION ABOUT THE COMPANY
This site is owned, operated, maintained and hosted by TASTE U LOVE (TUL), a private limited company having its registered office at Top Floor, Yuthok Building, M.G Marg, New Market, Gangtok, Sikkim, INDIA - 737101.
3.AGE RESTRICTIONS
Users may only use Our Platform if they are at least 18 years of age. However, such age criteria shall not be applicable to User if User represents an organization or any artificial person (legal entity).
4.USER ACCOUNT
a)User is required to register and set up an account for shopping / purchasing products from our Platform by entering his/her following mandatory personal details to sign up for an account on Our Platform: full name, email address, age / date of birth, mobile number, shipping and delivery address, credit card details, debit card details, bank account details. Our Platform may ask for the verification of the information provided by the User like email address and/or mobile number etc. and hence, it is advisable to provide valid information while creating the User Account. Our Platform will set-up an account upon verification of the email address and mobile number provided by the User.
b)User can create only one User Account and such account shall not be permitted to transfer or interchanged with any other person. The type of information required to be provided by the User to register on Our Platform, usage of such information, protection and confidentiality of such information are more specifically dealt with in Our Platform’s Privacy Policy and the Users are requested to read the Privacy Policy in detail before sharing their information or creating an User’s Account on Our Platform.
5.ACCESS AND CHANGES TO OUR PLATFORM
i.Access to Our Platform and the creation, editing, and hosting of a User Account requires Registration by the User. Upon Registration and creation of a User Account, Our Platform is available for the User to browse and initiate a purchase. However, mere browsing on Our Platform does not require the User to register on Our Platform.
ii.If User uses Our Platform, User is responsible for maintaining the confidentiality of their account, login credentials including the password and for restricting access to their hardware and/or their User Account to prevent unauthorised access to their respective User Account. User agrees to accept responsibility for all activities that occur in the User’s Account and/or with the password. User shall take all necessary steps to ensure that login credentials are kept confidential and secure and if User has any reason to believe that the login credentials have become known to anyone else, or if the password is being used or is likely to be used in an unauthorised manner such User should inform Us immediately. User shall ensure that the personal information that User provides Us with is correct and up-to-date shall further ensure to inform Us immediately of any changes to the information that the User provided at the time of registration. User can access and update the information provided to Us by the User in the User Account tab of Our Platform. We reserve the right to deny access to Our Platform, terminate accounts, remove or edit content at any time without a prior notice to you.
iii.We may from time to time make changes to Our Platform:
a.Changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We may inform you by email of any changes (including, if applicable, anything that you need to do) and/or host a disclaimer on Our Platform if that would materially affect your use of Our Platform.
b.Changes that may be made to reflect changes in the law or other regulatory requirements. We may inform you vide email of any such changes (including, if applicable, anything that you need to do); and
c.We may continue to develop and improve our Platform over time, in some cases making significant changes to it.
d.We will always aim to ensure that our Platform is available at all times. However, in certain limited cases, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4(ii). Unless We are responding to an emergency or an urgent issue, We will inform Users in advance of any interruptions to availability.
6.USER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS
i.Subject to these Terms of Service, User will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicense-able right to access Our Platform. Upon agreeing to grant such access We do not obligate our self or take liability on our self to maintain Our Platform, or to maintain it in its present form. We may upgrade, modify, change or enhance the features on Our Platform, at any time, in Our sole discretion, to the extent that the same is not detrimental to the User’s use of Our Platform.
ii.User agrees to abide by any rules or regulations that Our Platform publishes with respect to conduct of Users on Our Platform, which rules and regulations are hereby incorporated into these Terms of Service by reference. Our Platform reserves the right to deny any User, access to any portion of our Platform if, in the Company’s sole discretion, User has failed to abide by these Terms of Service or appears likely to do so.
iii.User accepts that the Company in its sole discretion may, but has no obligation to, monitor Our Platform or any portion thereof, and/or to oversee compliance with these Terms of Service.
iv.User agrees, undertakes and confirms that their use of our Platform shall be strictly governed by the following binding principles:
v.User shall not post, publish, transmit, alter/modify or share any information which:
vi.User may be considered fraudulent if:
vii.Our Platform may cancel any order that classifies as ‘fraudulent order’ at any stage of the product delivery. An order can be classified as ‘fraudulent order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Us:
7.ACCOUNT REGISTRATION CHARGES
Registration of a User and creation of a User Account on Our Platform, is free of charge. Our Platform may, at its sole discretion, introduce new services and/or modify some or all of the existing services offered on Our Platform. Our Platform reserves the right to introduce fees for such new services offered or amend/introduce fees for existing services, as the case may be. Any changes to the charges shall be posted on Our Platform here in this User Terms of Service and such changes shall automatically become effective immediately after they are posted on the Platform and a User’s continued use of Our Platform shall amount to deemed acceptance of the changes so made to Our Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Our Platform.
8.AVAILABILITY OF WEBSITE
User recognizes that the traffic of data through the Internet may cause delays during the download of information from Our Platform and therefore, User shall not hold the Company liable for delays that are ordinary in the course of Internet use. User further acknowledges and accepts that Our Platform may not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of Our Platform and that the Company will not be held liable for the same.
9.DEFAMATION
User shall at all times refrain from making any negative, denigrating, or defamatory statement(s)/comment(s), verbally and/or in writing, about the Company, the brand name and/or domain name used by the Company, including but not limited to “Taste U Love”, “www.tul.com” and/or otherwise engage in any conduct or action that might tarnish the name, brand, image or reputation of Taste U Love or product(s) sold on Our Platform or otherwise tarnish and/or dilute any Taste U Love trademark, trade name and/or goodwill associated with such trademarks, trade name as may be owned and/or used by Company. User agrees that User will not tamper with and/or misuse Our Platform, systems, networks, or any systems or networks connected to our Platform.
10.INTELLECTUAL PROPERTY RIGHTS
i.Our Platform is owned, hosted, maintained and operated by the Company under its brand name “Taste U Love” and its licensors, if any, and is protected by copyright, trademark and other intellectual property or proprietary rights laws.
ii.No right, title or interest in or to Our Platform or any portion thereof, is transferred to the User and all rights not expressly granted herein, are reserved and retained by the Company.
iii.Company name, logo, domain name, brand name – Taste U Love and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates and/or licensors. User shall not be at a liberty to use such intellectual property rights without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Our Platform are the trademarks of their respective owners and/or our vendors.
iv.By accepting these Terms of Service, User hereby undertakes:
a.To not acquire, copy, download or otherwise attempt to acquire, copy, download any part of Our Platform, save and except any forms to be duly filled by User;
b.To not disassemble, decompile or otherwise reverse engineer Our Platform;
c.To not allow or facilitate any use of Our Platform that would constitute a breach of these Terms of Service; and
d.To not embed or otherwise distribute Our Platform on any third party website, ftp server or similar.
e.To not use our Platform or any part thereof in any way whatsoever for promotion, marketing and branding of any third party products / services that are not registered on Our Platform for sale.
11.PAYMENT AND PAYMENT METHODS
For purchasing the products enlisted on and sold through Our Platform, We offer multiple payment methods for Users. Our Platform’s payment gateway partners use secure encryption technology to keep the User’s transaction details confidential at all times. Users can pay using their Net Banking, credit and debit cards, or cash on delivery, if applicable.
We accept payments made using Visa, MasterCard and American Express credit cards.
To pay using credit card at checkout, User will need to enter in their card number, expiry date and 3-digit CVV number (found on the backside of the credit card) at the relevant place. After entering these details correctly, User will be redirected to the bank’s payment gateway page for entering the online 3D secure password*. On correctly entering the same, the payment shall be deemed to be successful and the order shall be placed with Our Platform.
We accept payments made using Visa, MasterCard and Maestro debit cards.
To pay using debit card at checkout, User will need to enter in their card number, expiry date (optional for Maestro cards), 3-digit CVV number (optional for Maestro cards). After entering these details correctly, User will be redirected to the bank’s secure page for entering an OTP (one-time password issued by the User’s bank) to complete the payment. On correctly entering the same, the payment shall be deemed to be successful and the order shall be placed with Our Platform.
All online transactions initiated on Our Platform are secured with the highest levels of transaction security currently available on the Internet. Our Platform uses encryption technology to protect the User’s card information while securely transmitting it to the respective banks for payment processing.
All credit card and debit card payments on our Platform are processed through secure and trusted payment gateways managed by leading banks. Banks now use the 3D Secure password* service for online transactions, providing an additional layer of security through identity verification.
*3D secure password is an additional layer of security, an additional password that a User will be asked to enter after entering its credit card details on the payments page. User will be redirected to its bank’s website from the payments page, where User will have to enter the Verified by Visa password – for Visa or SecureCode password – for MasterCard.
(Note: 3D secure password has been made mandatory by the Reserve Bank of India to ensure a safer online shopping. This will prevent misuse of a lost/ stolen card as the user will be unable to proceed unless they enter the password associated with your card, created by yourself and known only to you.)
User can make payment for an order by using Net Banking. Our Platform accepts payments for the orders through various banking channels. User will be redirected to their respective banks’ site where they will be able to make payment after entering in their login id and password that is known only to them.
All items that have the “Cash on Delivery Available” icon for product(s) that are valid for order by Cash on Delivery for products shipped to / in ____________ area at the sole discretion of the Company.
The item(s) are required to be added to the cart and proceed to checkout. When prompted to choose a payment option, the User can select “Pay By Cash on Delivery”.
Once verified and confirmed, the order will be processed for shipment in the time specified, from the date of confirmation. User will be required to make a cash-only payment to our courier partner at the time of delivery of the order to complete the transaction after which the sale of items purchased by User shall be completed.
Terms & Conditions:
12.CANCELLATION OF ORDERS
User shall be at a liberty to cancel its order for a product at no cost any time before We send a dispatch confirmation e-mail relating to the product ordered by User.
13.SHIPPING AND DELIVERY
(i) Shipping Charges
User may be required to pay Shipping Charges in addition to the order value amount. Shipping Charges will appear at the time of checkout. All delivery charges are inclusive of GST (in the event of export/custom duties [as the case may be] then inclusive of export charges) unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or if the vendor is located in a different area. Shipping charges will also vary according to type of product.
(ii) Delivery
i.An estimated delivery time of each product will be displayed on the ‘product order page’ upon placing the order. User will receive an email or SMS at the email address or mobile number provided to Us containing a summary of the order and also the estimated delivery time to the User’s location.
ii.Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.
(iii) Delayed Delivery
Sometimes, delivery may take longer due to:
If the estimated delivery date has passed and the User still does not receive the order, User can contact us via the Contact Us page (client to insert link here) and We will take steps to track the package. In such cases, We may also try to proactively contact the User. User is advised to check their emails and SMS regularly for such updates.
Our Platform will not be liable and/or responsible to compensate User for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. User may be informed by email or SMS at the email address or mobile number provided to Us if any product in the order is unavailable or is delayed or lost in transit.
14.RETURN, EXHANGE AND REFUND
(i) RETURNS
In the event User would want to return the product(s) purchased by it from Our Platform and initiate a refund for the same, User may write to us at info@Taste U Love.life within 7 days of receipt of the order stating the reason for the return along with pictures of the product ordered. We, at our sole discretion, shall refund the User once after We receive the product in good condition without any defect or damage. If, in the Company’s opinion, User is entitled to refund against the order only then User will receive a refund in the manner the payment was received by the Company or as a credit note within 21 (twenty one) working days after we have conducted a quality check on the returned product at the sole discretion of the Company. Please note that User will have to bear the cost of shipping the product back to Us at Top Floor, Yuthok Building, M.G Marg, New Market, Gangtok, Sikkim, INDIA - 737101.
(ii) EXCHANGE
If User is unsatisfied/discontented with the product(s) purchased by it from Our Platform for any reason whatsoever, User shall exchange the same within 7 days of receipt of the order. User may write to us at info@Taste U Love.life stating the reason for the exchange along with pictures of the product ordered. We, at our sole discretion, shall exchange the product for the User once after We receive the product in good condition without any defect or damage. Please note that User will have to bear the cost of shipping the product back to Us and the cost of the product received in exchange of the initial order, if any, at Top Floor, Yuthok Building, M.G Marg, New Market, Gangtok, Sikkim, INDIA - 737101.
(iii) REFUND
Our Platform carefully inspects each item prior to shipment. In the event, upon receipt of the User’s order should the User discover any damage or defect in the product(s) received the User must contact Us immediately. Any damage or defect in the product(s) so delivered should be brought to Our attention via email at info@Taste U Love.life along with pictures of the defect/damage of the product received, within 7 days of receipt of the order. We, at our sole discretion, provide User with replacement or refund of any defective items as per availability of the same after receipt of the product by Us in good condition without any defect or damage.
15.FRIVILOUS COMPLAINTS
In the event, it comes to Our knowledge that a User has raised a complaint / request for return / exchange / refund and the same is frivolous or baseless complaint / request regarding the quality or content of the products, We reserve the sole right to take necessary actions / legal actions against User as We may deem fit and User will be solely liable and responsible for all costs and expenses incurred by Us in this regard.
Our Platform will use commercially reasonable efforts to enable the Platform to be accessible, except for scheduled maintenance, downtime(s) and required repairs and for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Our Platform, including, but not limited to, any Force Majeure Event (as defined hereinbelow). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of Our Platform contrary to the Company’s instructions, or modification or alteration of Our Platform by any party other than the Company. If our Platform is in non-conformance with the foregoing undertaking, We will use all reasonable commercial endeavours to correct any such non-conformance, or We may, at Our discretion provide Users with an alternative means of accomplishing the desired performance.
17.TERM AND TERMINATION
Term: A User may register on our Platform, until User notifies Company of its intention not to use its account on Our Platform.
Termination: Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
Effect of Termination. User will have no further rights to access our Platform. Termination will not affect the rights, liabilities and/or claims of User with respect to User’s order(s) that accrued prior to termination.
18.CONFIDENTIALITY
User agrees to maintain the confidentiality of Our Platform’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, Our Platform.
19.THIRD PARTY LINKS OR INFORMATION
Our Platform contains links to other websites/mobile applications that are not hosted, owned, maintained, operated by Company. Company is not and shall not be liable and/or responsible in any way whatsoever for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for their content’s accuracy or completeness. The inclusion of any linked apps/website on Our Platform does not imply approval or endorsement of that linked app/website by Company. Once a User leaves Our Platform to access these third-party sites does so at its own risk. Company does not assume any responsibility and/or liability for any acts, commission, omission on the part of the User towards any harm or damages caused to the User and/or User’s hardware due to the User accessing such third party websites.
20.DISCLAIMERS OF STATEMENTS / WARRANTIES
User’s use of Our Platform or products purchased that are listed on Our Platform is at User’s sole and own risk. Our Platform is provided on an “as is” and “as available” basis, without any statements or warranties of any kind, either express or implied. Neither Company, its affiliates nor any person associated with Company make any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of Our Platform or that of the information provided on Our Platform. Our Platform and its affiliates hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No verbal or written representations, information or advice given by Company, its affiliates or their authorized representative shall create a warranty or in any way increase the scope of this warranty.
i.No part of our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which the User should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of Our Platform.
ii.We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up-to-date.
iii.We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content using our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect our opinions, views, or values in any way.
iv.We are not responsible for any aspect of any services provided by Third-Party Service Providers, nor do we endorse those services in any way.
v.User’s use of services provided by Third-Party Service Providers shall be subject to the terms and conditions / terms of service specific to those services. We will not be party to any contracts or agreements between the Users and Third-Party Service Providers, nor will we be responsible for such transactions in any way.
vi.Users are responsible for protecting their hardware, software, data and other material from viruses, malware and other internet security risks.
vii.User must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.
viii.User must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.
ix.User must not attack Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.
x.By breaching the provisions of these sub-Clauses above, User runs the risk of committing a cybercrime under the Information Technology Act, 2000 (as may be amended from time to time) and such other cybercrime laws prevalent at that time. Any and all such breaches will be reported to the relevant law enforcement authorities and We will co-operate fully with those authorities by disclosing your identity to them. User’s right to use Our Platform will cease immediately in the event of such a breach and, where applicable, the User’s Account alongwith the User Content will be suspended and/or deleted.
21.DATA PROTECTION
i.Both Users and We shall comply with all requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. With respect to personal data hosted by Us on behalf of a User, for the purposes of the Information Technology Rules, 2011 the User is the data controller and We are the data processor.
ii.Any and all personal data processed by Us (as a data processor) on the User’s behalf (as a data controller) in the course of providing our Website) shall be processed in accordance with the terms of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
However, it is to be noted that section 69 of the Act, which is an exception to the general rule of maintenance of privacy and secrecy of the information, provides that where the Government is satisfied that it is necessary in the interest of: the sovereignty or integrity of India,defence of India,security of the State,friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence.
It may by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. This section empowers the Government to intercept, monitor or decrypt any information including information of personal nature in any computer resource.
Where the information is such that it ought to be divulged in public interest, the Government may require disclosure of such information. Information relating to anti-national activities which are against national security, breaches of the law or statutory duty or fraud may come under this category.
22.USER LIABILITY
i.All the information pertaining to the User shall be uploaded by the Company on the servers of the Company immediately on receipt of the information from User. In any event whatsoever, User shall be solely liable and/or responsible for the information provided by the User to the Company and Company shall hold no liability and/or responsibility for any disputes/discrepancies between the customer and Vendor with respect to the product(s). Under no circumstances can Company be held liable for failure on the part of a Vendor’s to honor any of the sales orders received from User. Further, User shall provide only such information/content to which User has exclusive ownership, right, title, interest and have an authority to exploit the same in anyway whatsoever.
ii.In the event of any default by User in making payment for the products ordered by the User, User would solely be responsible and liable for the same and Company under no circumstances will be held liable for failure on the part of User in the event of payment of default.
iii.Company is neither User’s agent nor contractor. Company shall provide Our Platform to User on a Principal-to-Principal basis and nothing contained in this Terms of Service shall constitute a partnership or joint venture or an agency relationship between User and Company; and Company does not authorize User to make any representation or to incur any liability on behalf of the Company.
iv.With respect to the products of the Vendor listed by Company on Our Platform to be sold, Vendor represents, warrants and undertakes the genuineness and authenticity of the products. Based on the foregoing representation of the Vendor, Company shall enlist and sell the Vendor’s products. In any event whatsoever, Company shall not be responsible and/or liable for the same in any manner whatsoever.
i.Company and its affiliates will not be liable (whether in contract, warranty, tort (including negligence, product liability, any type of civil responsibility, or other theory or otherwise) to you – User or any other person for the cost of cover, recovery or recoupment of any investment made by you or your affiliates in connection with our association, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this association, even if Our Platform has been advised of the possibility of such costs or damages. Our Vendor undertakes the responsibility with respect to the authenticity and genuineness of the product(s).
ii.In no event shall Our Platform, its affiliates, licensors, employees, agents, officers or directors be liable to the User or any Third Party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Services or of any web site referenced or linked to from the Services. User solely shall be responsible for all claims and damages resulting from the misuse of the Services by the User.
23.INDEMNITY
User agrees to indemnify, keep indemnified, hold harmless, compensate and defend fully, the Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any Third-Party claim, action or demand arising out of any breach by User of any representation, warranty, covenant, obligation or duty of User under this Terms of Service.
24.SURVIVAL
All provisions relating to proprietary rights, confidentiality, disclaimer of warranty, indemnity, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
25.CHANGES
Except, for any provisions determining the primary contractual obligations of User and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon User’s continued use of any of the Services including but not limited to browsing through Our Platform following the posting of revised Terms & Conditions means that User accepts and agrees to the changes, to the extent permitted by applicable laws.
26.ASSIGNMENT
i.We may transfer (assign) Our obligations and rights under these Terms of Service to a Third Party (this may happen, for example, if We sell Our business). If this occurs, you may be informed by Us. Your rights under these Terms of Service will not be affected and Our obligations under these Terms of Service will be transferred to the third party who will remain bound by it.
ii.User cannot transfer (assign) your obligations and rights under these Terms of Service without Our express written permission.
iii.If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any Court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
iv.No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
v.We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements.
27.INJUNCTIONS
User acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause the Company an irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent the User from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
28.GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws in India and courts in GANGTOK alone shall have exclusive jurisdiction over matters relating to or arising from this Policy.
29.NOTICES
Legal notices may be sent to the Company at info@Taste U Love.life (if by email), or, Top Floor, Yuthok Building, M.G Marg, New Market, Gangtok, Sikkim, INDIA - 737101 (if by conventional mail). Notices to User may be sent either to the email address supplied in User’s account or to the address supplied by User as part of its Registration information. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) 2 (two) business days after deposit with a commercial carrier, with written verification of receipt; (c) 5 (five) business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email.
30.COMMUNICATIONS
When User uses Our Platform or send emails or other data, information or communication to us, User agrees and understands that User is communicating with Us through electronic records and User consents to receive communications via electronic records from Us periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise.
31.FORCE MAJEURE
Our Platform will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control including, but not limited to, epidemic, pandemic, global pandemic, lockdown, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
32.PRIVACY POLICY AND WEBSITE USER POLICY
User agrees to comply with the then-current Website User Policy and Privacy Policy (collectively, the “Policies” and individually, the “Policy”). Website Provider reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website. User’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that User accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the terms of the Privacy and User Policies, the Terms of Service will prevail.
33.NO THIRD PARTY BENEFICIARIES
Any person or entity not a party to these Terms of Service will be deemed to be a Third-Party beneficiary of these Terms of Service or any provision hereof.
34.SEVERABILITY
If any provision of these Terms & Conditions are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permissible in and by law and the remaining provisions of these Terms of Service will remain in full force and effect.
35.WAIVER AND AMENDMENT
If the Company fails to insist upon strict performance of User’s obligations under any of these Terms of Service, or if the Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve User from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by Website Provider of any of these Terms of Service will be effective unless it is expressly stated to be a waiver and is communicated to User in writing.
36.DISPUTE RESOLUTION
i.The Parties shall attempt in good faith to resolve any dispute, difference or claim arising out of or in relation to this Policy through mutual discussion. In case it is not resolved within thirty (30) days from receipt of the written notice (setting out the dispute or claim) by the other party, the complaining party may issue a notice of reference, invoking settlement of such dispute through Arbitration.
ii.Any and all disputes arising out of or in relation to this Policy between the Parties hereto or arising out of or relating to or in connection with this Policy or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof, shall be referred for arbitration in accordance to the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof.
iii.The place and seat of arbitration shall be GANGTOK and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator to be appointed mutually by both the parties.
iv.Costs of arbitration shall be borne equally by the both the parties to this Policy.
v.The arbitral award issued by such Arbitrator shall be in writing.
37.COMPLETE UNDERSTANDING
These Terms of Service, together with the Website User Policy and the Privacy Policy, constitute the sole and entire agreement between User and the Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.