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Terms and Conditions

29 April 2020

Introduction


1.1 www.mangoes4u.com is a website operated by Mangoes4U("Mangoes4U", "we", "us" or "our") that enables the user to purchase fresh Ratnagiri alphonso mangoes and get them delivered to home(the "Site").

1.2 These Terms and Conditions ("T&C's") apply to users who are registered with the Site and wish to use the services available on the Site. Someone who uses the Site is referred to throughout these T&C's as a "user", "you" or "your".

1.3 "Content" shall mean any audio, video text, images or other material you choose to display on the Site. By uploading Content, you grant us a non-exclusive, worldwide irrevocable, sub licensable licence to use, reproduce, adapt, publish, translate and distribute it in any and all media. This licence will end when your Content is deleted.

1.4 By accessing or using any part of the Site you acknowledge you have read and understood, and agree to be bound by our T&C's. You further acknowledge that these terms are an agreement between you and us, even though they are electronic and are not physically signed by either party. Your registration as a user or other use of the Site deems your acceptance and continued acceptance of our T&C's which are subject to change. If you do not agree with or accept the T&C's, you should stop using the Site immediately.

1.5 When using the Site you also agree to be legally bound by:

  • 1.5.1 our Privacy Policy, available here and any document referred to in it; and
  • 1.5.2 specific terms which will be agreed as part of sharing Content as well as any laws, rules and regulations, which apply to you in the course of using the Site.

1.6 You must be at least 18 years of age (or older if the minimum age in your home country is higher) to use the Site; and by using the Site or agreeing to these T&C's you warrant and represent to us that you are least 18 years of age.

2 Using the Site

2.1 You agree that you are responsible for:

  • 2.1.1 using the Site responsibly;
  • 2.1.2 all costs and expense you may incur in relation to your use of the Site; and
  • 2.1.3 keeping your password and other account details confidential.

2.2 The Site is intended for use only by those who can access it from within the India currently. If you choose to access the Site from locations outside the India, you are responsible for compliance with any and all local laws where applicable.

2.3 You may:

  • 2.3.1 view pages from the Site in a web browser;
  • 2.3.2 download pages from the Site for caching in a web browser;
  • 2.3.3 print pages from the Site for your own personal use; and
  • 2.3.4 use the Site services by means of a web browser
  • subject to the other provisions of these T&C's.

2.4 Except as expressly permitted by Section 2.3 or the other provisions of these T&C's, you must not download any material from the Site or save any such material to your computer or other device.

2.5 You may only use the Site for your own personal purposes, and you must not use the Site for any other purposes.

2.6 Except as expressly permitted by these T&C's, you must not edit or otherwise modify any material on the Site.

2.7 Unless you own or control the relevant rights in the material, you must not:

  • 2.7.1 republish material from the Site (including republication on another website);
  • 2.7.2 sell, rent or sub-license material from the Site; or
  • 2.7.3 exploit material from the Site for a commercial purpose.

2.8 We try to ensure that the Site is accurate, up-to-date and free from wrong and misleading information however, we do not promise that it will be. Furthermore, we do not promise that the Site will be fit or suitable for any purpose and any reliance you place on the information on the Site is at your own risk.

2.9 We may prevent or suspend your access to the Site if you do not comply with any part of these T&C's or to any policies to which they refer or any applicable law.

3 Links and Third Party Sites

Through available Content, the Site may contain hyperlinks or references to third party website other than the Site. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them, the display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party.

4 User Accounts

4.1 You are responsible for all information you post to or share to the Site and for your own security in connection with the Site.

4.2 In order to use the Site, the Site requires you to complete and submit an account registration form providing certain information about yourself ("Personal Information") and where you do this you agree:

  • 4.2.1 to provide true, accurate, current and complete Personal Information as prompted by the relevant form;
  • 2.7.2 sell, rent or sub-license material from the Site; or
  • 2.7.3 exploit material from the Site for a commercial purpose.

4.3 You must not allow any other person to use your account to access the Site.

4.4 You may withdraw your consent at any time by deleting your account through the Site (or requesting its deletion by by contacting us using the Contact Us form which will result in all your Personal Information and your profile being removed however if you do so you will not be able to use the Site other than as a visitor.

5 Data protection

5.1 Any Personal Information you supply to us when using the Site will be used by us in accordance with its Privacy Policy which can be viewed here Privacy Policy.

6 User name and password

6.1 Once you have registered with the Site, your username will be your email address and you will be required to choose a unique password that gives you access to your account. You are fully responsible for (i) maintaining the confidentiality of your username and password and (ii) editing your username and password as and when required and you accept full responsibility for all activities that occur through your account. You agree to:

  • 6.1.1 notify us immediately if you become aware of any unauthorised use of your password or account or any other breach of security by contacting us using the Contact Us form.
  • 6.1.2 ensure that you exit from your account at the end of each session. We cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.

7 Prohibition of Use

7.1 We prohibit the use of the Site for any unlawful purpose.

7.2 Use of the Site and any Content posted by users (and any content you link or refer to) must not be illegal or unlawful, must not infringe any person's intellectual property, privacy, contractual, legal rights or other rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3 You will not, nor allow third parties on your behalf to:

  • 7.3.1 make and distribute copies of the Site; or
  • 7.3.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Site

7.4 You will not post any Content on the Site that is unrelated to the Site and/or could be considered to cause offence to any other user. Should such Content be reported to us or we come to find the Site connected in any way to such Content, we reserve the right to remove the Content and immediately block the posting user from Site and/or terminate their account.

7.5 If you learn of any unlawful material or activity on the Site, or any material or activity that breaches these T&C's, you will report it to us immediately.

7.6 In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or your use of the Site is in breach of these T&C's, we reserve the right to take any action that we deem fit, including terminating your account without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.

7.7 Notwithstanding any other provision of these T&C's, we may, at any time and for any reason, terminate these terms with you and deny you access to the Site.

8 Intellectual property

8.1 The copyright and all other intellectual property rights in the material contained in relation to the running of the Site, together with the website design, images and source code, belong to us and all rights are reserved.

8.2 You warrant that you will not infringe any of the intellectual property rights described above at clause 8.1.

8.3 We grant to you a worldwide non-transferable, non-exclusive, revocable, royalty-free licence to:

  • 8.3.1 use the Site for your personal use in accordance with these T&C's; and
  • 8.3.2 view and print the content of the Site for your personal and non-commercial use only

9 The Site and Service

9.1 Content on the Site may change at any time. Any of the material on the Site may be out of date at any time and we are not under any obligation to update such material.

9.2 We may suspend access to your account, or close it permanently, if we believe that your account has been or is being used by someone else. We may also close your account if in our opinion you are abusing the Site or any available service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating other users or any other good reason).

10 Availability

10.1 The Site is available on handheld mobile devices running Apple iOS and Android OS Operating Systems. You acknowledge the Site is provided over the internet and mobile networks and so the quality and availability of the Site may be affected by factors outside ours reasonable control.

10.2 We do not accept any responsibility whatsoever for unavailability of the site, or any difficulty or inability to download or access content or any other communication system failure which may result of the Site being unavailable as a result of an issue caused by your service provider.

10.3 The version of the Site may be upgraded from time to time to add support for new functions and services.

11 Termination

11.1 We may terminate use of the Site at any time by giving notice of termination to you.

11.2 You may terminate use of the Site at any time by closing your account.

11.3 Upon any termination:

  • 11.3.1 the rights and licences granted to you herein shall terminate; and
  • 11.3.2 you must cease all use of the Site.

12 Indemnity

12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

  • 12.1.1 any breach by you of any provision of these T&C's;
  • 12.1.2 your use of our Site.

13 Limitation of liability

13.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Site, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, delict, product liability or otherwise.

13.2 We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of use of the Site.

13.3 Nothing in these T&C's shall exclude or limit our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

14 Disclaimer of warranties

14.1 We do not warrant or represent:

  • 14.1.1 the completeness or accuracy of the information published on the Site;
  • 14.1.2 that the material on the Site is up to date; or
  • 14.1.3 that the Site or any content on the Site will remain available.

14.2 We reserve the right to discontinue or alter any or all of the Site and its services, and to stop publishing the Site at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these T&C's, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Site of its services, or if we stop publishing the Site.

14.3 To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaims all implied warranties with regard to the Site.

15 General

15.1 These T&C's constitute the entire agreement between us and you in relation to your use of this Site, and supersede all prior agreements and understandings.

15.2 We retain the right to assign, transfer, and subcontract our rights and/or obligations under these terms without any notification.

15.3 If any provision of these T&C's is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

15.4 These T&C's are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

15.5 We are permitted to revise these T&C's at any time as we see fit, and by using the Site you are expected to review these T&C's on a regular basis.

16 Governing law

These T&C's shall be governed by and construed in accordance with laws of India. If any provision of these T&C's shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these T&C's you submit to the non-exclusive jurisdiction of the Ratnagiri courts only.