These terms of services is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms of services does not require any physical, electronic or digital signature.
These terms of services is a legally binding document between company and user (both terms defined below). These terms of services will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the “i accept” tab or by use of the website or by other means of an electronic record) and will govern the relationship between the company and user.
Please read these terms of services carefully. By using the website, you indicate that you understand, agree and consent to these terms of services. If you do not agree with the terms of these terms of services, please do not use this website. You hereby provide your unconditional consent or agreements to company as provided under section 43a and section 72a of information technology act, 2000 and the information technology (intermediary guidelines) rules, 2011.
These Terms of Services of the website located at the www.thelocavore.in, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services (“Website”) is between Vocalore Private Limited (referred to as “The Locavore” or “Company” or “We” or “Us” or “Our“), a company incorporated under the Companies Act, 2013 with its registered office situated at No. 68/3287, Room No. 1, First Floor, Cinzac Towers,Chittoor Road, Ernakulam, Kerala – 682018, India, and the Users, defined to include any Person (defined below) who enters into or browses through the Website or registers himself/herself/itself on the Website or holds a User account on the Website (referred as “You” or “Your” or “Yourself” or “User”) describe the terms on which Company offers You a non-exclusive, non-transferable, limited, non-sublicensable, revocable license (“License”) to enter into or browse through the Website and such other services which include but are not limited to interactive services, cooking sessions organised by chefs, cooks, sous-chef and other industry experts, and/or access to experiences or events including product testing, flash sales etc. (“Services“).
For the purposes, the term “Person” shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality).
You and Company shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
- Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as the Company will, unless repugnant to the context, include its affiliates, successors and permitted assigns.
- WEBSITE SERVICES AND ACCOUNT REGISTRATION
- By accessing this Website, you are agreeing to be bound by these Terms of Services, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. Your continued use of the Website shall constitute your acceptance to the Terms of Service, as revised from time to time.
- For availing certain Services, You will be required to register an account on the Website (an “Account”). When you register on the Website and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of Your Account; (iii) authorize Company to make any inquiries it considers necessary or appropriate to verify Your Account information or the information You provide to Us related to the Services via the Website including KYC information/details, electronic copies of identity proofs, address proof, such other document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to Us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
- You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose your Account information to any third party. You will immediately notify the Company of any unauthorized use of your Account.
- If You provide any information that is or later becomes untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is or has become untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website/ Services (or any portion thereof).
- DUTIES OF A USER
- You shall comply with all applicable local, provincial laws, and regulations in connection with Your availing of the Services.
- You shall keep the Company informed of any technical issues or problems with the Website, as and when the issues develop.
- You shall not engage in any activity other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services.
- While Using the Services, You shall not: (i) use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed offensive by Company according to community standards and/or applicable law, is strictly prohibited. The Company reserves a right to immediate terminate Your account on being notified of any such act performed without any further notice; (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other Person; (iii) conduct or forward surveys, contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes or chain letters; (iv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (v) provide any information that is incorrect or misleading in any way; (vi) use any 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 or Services, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website; (vii) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or Services; (viii) engage in any activity which violates any applicable laws, rules and regulations.
- RIGHT OF PARTIES
- Nothing contained in the Terms of Services shall be construed or deemed to create any association, partnership or joint venture or employer-employee relationship in any manner whatsoever between the Parties. The parties are entering into this Terms of Services on a non-exclusive basis.
- Unless otherwise provided in the Terms of Services, You shall have no right to enter into any agreement or arrangement for and/or on behalf of Company or to represent to any third party that it has such right or authority, without the prior written consent of the Company.
- DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
- Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.
- Notwithstanding anything contained herein, the User does not have the right to assign any of his/her duties or obligations to any other person or organization under this Agreement.
- The User further represents and warrants that (i) he/she shall comply with all applicable laws in the course of performing its obligations under this Agreement; (ii) he/she has no criminal antecedents or convictions and/ or no criminal action is pending against him/her; (iii) he/she shall not use the Services except strictly for the purposes specifically laid down in this Terms of Service.
- THIRD PARTY CONTENTS
- Certain content, products and Services available via the Website may include materials from third-parties.
- Third-party links on the Website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- INTELLECTUAL PROPERTY
- The Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the Website including recipes, video recordings, ideas and information, google text chats which are subject matter of Services (collectively referred to as “Intellectual Properties”).
- Notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
- You acknowledge and agree that We own and have all the rights and interest in all the Intellectual Property Rights in the Website. You further acknowledge that We are only granting to You a limited License to use Website in accordance with this Agreement and are not granting to You any Intellectual Property Rights in Website.
- Except as expressly specified in this Agreement, no other license or right is hereby granted by implication.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at Our request, or without a request from Us, You send certain specific submissions (for example contest entries) or You send creative ideas, suggestions, comments, recipes, images, videos, illustrations, articles, quotes, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘submissions’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that You forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions unless otherwise expressly agreed upon between the Parties; or (3) to respond to any submissions.
- We may, but have no obligation to, monitor, edit or remove content that We determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services.
- You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions. You are solely responsible for any submissions You make and their accuracy. We take no responsibility and assume no liability for any submissions posted by You or any third-party.
The User agrees to keep all technical and non-technical information, which Company may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of Company resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, contents, recipes, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, and Services of Company confidential or any other information designated as confidential from time to time.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Company; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Company to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
- These Terms of Services are effective unless and until terminated by either You or Us. You may terminate these Terms of Services at any time by notifying Us that You no longer wish to use our Services, or when You cease using Our Website.
- If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Services, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).
- In the event of any termination of this Agreement, the User shall promptly and forthwith make payments accrued or due to Company.
- Upon termination of this Agreement any rights or obligations of the Parties existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Agreement and such other provision as specifically identified in this Agreement, shall survive.
- PAYMENTS AND REFUNDS
- For availing certain Services or purchasing products via the Website, the User shall pay the fees as per the quotation or price displayed on the Website and/or third-party payment gateway. The User will be redirected to a third-party payment gateway wherein the payment shall be made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, internet handling charges, if any) as duly charged by such third-party payment gateway.
- The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making transaction. The User further agrees and acknowledges that Company shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of any transaction on the third-party payment gateway. However, Company reserves the right, but have no obligation, to facilitate and support the User in mutually resolving any transaction failure or such other payment issues faced by the User; provided however, that the User ensures and takes all reasonable efforts to immediately contact, co-operate with and notify Company regarding the payment issues faced by the User.
- The Company reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the User (direct notification or via Company’s Website) and the User specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard.
Under no circumstances shall Company be liable to refund the invoice amount if:
- the technical/support team of Company is helping to resolve the issues faced by You;
- any other circumstances, which at the sole discretion of Company is considered to be a non-refundable event; and
- if You act on any third-party content or third party website or advertisement published on the Website or social media channels of the Company, the Company is not responsible or liable for any transactions made between You and third-party or any claims arising thereof. .
In the event of sale of product being conducted directly through the company’s website, the refund is allowed only in the following circumstances:
- If the packaging of the product is tampered, spoiled or damaged at the time of delivery, You must refuse to accept the delivery of such product and contact Us immediately with Your order reference number and a picture of the damage at firstname.lastname@example.org.
- If the product itself is damaged or spoiled, You can contact Us immediately with Your order reference number and a picture of the damage at email@example.com.
In the above cases, We will evaluate Your claim and provide a full refund within 8-10 working days if Your claim is found to be legitimate and on a genuine basis. a detailed inquiry will be conducted by Us and Our decision on the subject-matter shall be final and binding.
Notwithstanding anything contained under this Agreement, You shall not have any right to make any claims of whatsoever nature against the Company after expiry of 7 (seven) days from the date of delivery of the product.
- NO WARRANTIES
- The materials on Company’s Website are provided “as is”. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
- For the duration of the term of this Agreement, the Website shall be maintained by Company and it shall make its best efforts to deal with any technical issues affecting the Services (such as, for instance, the platform becoming inoperative). The Company does not warrant that the User will be able to use the Services at all times or locations on the Website or that the platform and the Services provided through the Website will be uninterrupted or error-free.
- The materials as appearing on the Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services or on the Website is inaccurate at any time without prior notice (including after You have submitted Your order).
- We undertake no obligation to update, amend or clarify information on the Website or in the services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or in the Services or on any related website, should be taken to indicate that all information on the Website or in the Services or on any related website has been modified or updated.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SERVICES, EVEN IF THE PARTIES HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Services to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.
- FORCE MAJEURE
If the performance of Company’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Company, or an act of God (each a “Force Majeure Event”), then Company shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that Company shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that Company shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If the Company’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, the Company may terminate these Terms of Services or suspend its Services or use of Website without incurring any charges.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Kochi, Kerala, India.
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Thomas Zacharias