Terms Of Use – Trulyindian

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Terms Of Use

OVERVIEW

This website is operated by ADF FOODS (USA) LIMITED . Throughout the site, the terms “we”, “us” and “our”, “ the Company” refer to ADF FOODS (USA) LIMITED . ADF FOODS (USA) LIMITED offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools , Products which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on https://www.godaddy.com/. They provide us with the online ecommerce platform that allows us to sell our products to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Use , you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You will not use our products for any illegal or unauthorized purpose nor may you, in the use of website , violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 – GENERAL CONDITIONS
You agree not to reproduce, duplicate, copy, sell, resell our products without express written permission by us.

Unless otherwise noted, all content on this Site constitutes copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by the Company and/or its Group companies. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Company.

Our brand names and logos and slogans are our trademarks. No trademark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Tampering with the Site, misrepresenting the identity of a user, and conducting fraudulent activities on the site are prohibited.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that the information on this Site is accurate, current, and complete. However, there may be instances when information about our products contains inaccurate or incomplete information, such as information about the product description, promotions, offers, product shipping charges, transit times and availability. We
do not warrant or guarantee that the information in this Site is error-free, complete, or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 4 – MODIFICATIONS TO THE PRODUCTS AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products (without notice at any time).

SECTION 5 – PRODUCTS
Certain products, offers, promotions may be available exclusively online through the website. These products may have limited quantities. Likewise, offers and promotions offered in retail partners’ stores may not be available through the Site. Certain products and/or programs may not be available at all locations.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Products and promotions posted on this Site, or those sent to customers by personalized e-mail, are good only for the dates indicated.

We may also, in the future, offer new products and/or features through the website (including, the release of new tools and resources). Such new features and/or products shall also be subject to these Terms of Use.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – THIRD PARTY LINKS
Certain content, products and Services available via our website may include materials from third parties.

Third party links on this site 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.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’),


you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments 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 comments will not contain libelous 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 Service or any related website. You should 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from
using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Website or any related website for violating any of the prohibited uses.


SECTION 11 –
A. PRODUCT WARRANTY : The Company warrants that the products sold on this website will substantially confirm to the description provided and will be free from material defects in the product quality and workmanship from date of delivery till
completion of product shelf life (‘Warranty period”).
B. COVERAGE : This warranty applies only for those products directly purchased through this website and /or Truly Indian Foods seller account on Amazon.com. The Company has no obligation towards all other purchases on Amazon or any other
marketplace from 3rd party sellers.
C. REMEDIES : If the product is found to be defective , the Company shall at its own discretion either replace the product with a new product or provide a refund or credit towards a future purchase.
D. WARRANTY DISCLAIMER : Though the Company warrants that the products sold on this website will substantially confirm to the description provided, the company disclaims all other warranties, express or implied , including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Further, the use of this website is at your own risk. The Company makes no warranties or representations about the accuracy or completeness of this site’s content. The Company does not warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Further, the Company does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply in such situations.

E. LIMITATION OF LIABILITY : In no event shall the Company be liable for any damages whatsoever, including but not limited to incidental, consequential or punitive damages, arising out of the use or inability to use the products. The Company’s
liability shall be limited to the amount of product purchase price. However, in no event shall the Company’s total liability for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise)) exceed $1,000. Any claims arising in connection with your use of the Site, any Content, or the Forums (defined below) must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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 Use, 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 website (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of our Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the
drafting party.

SECTION 16 – GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey.

SECTION 17 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at rasa@adf-foods.com