TERMS & CONDITIONS
1. Introduction
The following Terms & Conditions regulate the use of this website i.e. www.thegreatindianspicery.com (“Website”). By continuing to use the Website, you agree that you have read, understood and are bound by the Terms and Conditions specified herein. If you disagree with these Terms and Conditions or any part thereof, you must not continue to use this Website. For the purpose of these Terms and Conditions, the terms, “we”, “our”, “us”, “TGIS” refers to the owner of the Website and the terms "you", "your”, “customer”, “viewer" refers to the user/ consumer of the Website.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Services overview
The Website is operated by The Great Indian Spicery (“TGIS”). TGIS is an online store which provides an online shopping and delivery service of the best quality spices and such other products as may be added or listed on the Website marketed by us and/or our business partners.
3. Eligibility Criteria
The use of this Website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under provisions of the Indian Contract Act, 1872. By continuing to use this Website, you represent that you are not a minor (i.e. below 18 years of age). If you are a minor and wish to transact or use the Website, it must be done under the supervision of a parent or legal guardian provided that such a parent or guardian accepts and abides by the Terms & Conditions.
4. Account password and security
You may be required to register and login to be able to place orders from the Website. You should take all the necessary measures for maintaining the privacy of the password created upon registration and shall also remain responsible for all the activities that occur under the customer's account. You agree to immediately notify us of any unauthorised use of the account or password. In case of any damage or loss arising out of your failure to comply with this provision, we shall not be held liable.
5. Pricing and terms of payment
All the products listed on our Website shall be sold at the prices mentioned on the Website or at such rate as fixed by us. All the prices are in Indian currency (i.e. Indian Rupee/INR). Unless otherwise specified, the prices cited on the Website are exclusive of shipping charges, delivery charges and GST, if applicable. You agree to pay for shipping charges, delivery charges and GST which shall be added to the quoted price upon placing of the order.
We may notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event, if you choose to continue with fulfillment of the order, you acknowledge that the product or service shall be provided in accordance with such revised description and/or revised pricing. Generally, the prices of the commodities shall not fluctuate on a daily basis, but in case of any change in price, we shall endeavor to update the same on the website at our earliest, without any prior intimation. However, the prices of some featured items might change regularly and if such changes arise after the dispatch of your order, then it will not affect your original purchase price as you are not liable to pay the revised price, unless the revised price has effected due to change in tax structure/liability. We reserve all the rights to change the prices or manner or timelines of delivering the product at our discretion. Owing to circumstances like increase in the cost of materials, labour, delivery charges or increase in tax, duty or levy or any variation in exchange rates, we reserve the right to revise the prices and/or to withdraw the discounts, if any. While placing the order, the payment shall be made as per the indicated method on the Website and such payment shall be unconditional and irrevocable.
6. Customer’s representation
You represent that all the information provided by you during the registration or while placing the order is up to date, correct and sufficient for fulfilment of the order. Unless agreed otherwise, any warranties provided in relation to products shall extend only to you on the understanding that you are a customer and not a reseller of those products. Some of the customers may be allergic to or may have certain medical conditions which may require them to avoid or restrict consumption of certain products and/or ingredients, it is expected that the customer shall ensure to go through the list of ingredients and/or the product information before buying and/or consuming the same. We shall not be held responsible for any kind of reaction/allergy that occurs because of your use/consumption of any product listed on the Website. Also note that we shall not be held responsible if any health-related problem occurs due to consumption of any product from the said Website.
7. Unauthorized or fraudulent use
As already mentioned in clause 3 of these Terms and Conditions, the use of the Website is limited to the person who is of 18 years of age or above. By continuing to use the Website, you guarantee that you are 18 years of age or above. A person less than 18 years of age can access the Website as per the condition mentioned in clause 3 of these Terms & Conditions. Use of the Website without compliance to this provision shall be deemed as an unauthorised use of the Website. Promotional offers may be extended to the existing or potential customers at regular intervals and you agree to adhere to the Terms and Conditions of such offer. Non-adherence of such Terms & Conditions while purchasing the products or accessing the Website shall be regarded as a fraudulent use by the customer and the customer shall be held responsible for all the damages which may occur due to such fraudulent use.
8. User conduct and rules (general)
a. You undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivatives, sell, lease, translate, decompile or otherwise exploit the Website or any portion thereof, by any means, unless otherwise provided.
b. You also undertake not to post or publish any information on to the Website that is abusive, defamatory, threatening, obscene, indecent, disparaging, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.
c. You warrant not to upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.
d. You agree not to violate, abuse, manipulate or exploit any of these terms and conditions, any policy or any other guideline as provided under the Website. It will also be undertaken by you that you will not make any defamatory, derogatory, abusive, inappropriate, indecent comment, disparaging statement or claim about us and/or our Websites or our associates and partners on any property owned by us.
e. You shall also not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this Website. We shall not be liable to you nor shall be held in breach `of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, epidemic, pandemic, lockdown, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event, we may elect to cancel your order and refund any payments made or may delay the delivery of the order, if required.
9. Disclaimer
a. We shall make all endeavors to ensure that the information provided on the Website is correct. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free. We do not warrant that the results may be obtained from the use of the service will be accurate and reliable. You agree that from time to time, we may remove the service for indefinite periods of time and cancel the service at any time, without notice to you.
b. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10. Reviews, feedback and comments
You have the right to give us a review, feedback, comments or suggestions on the Website. The reviews or comments posted on the Website are not confidential and are the property of TGIS. You agree to grant TGIS, the right to use, copy, distribute, display, make derivative and/or modify their posted reviews and comments without any restriction. You also agree to grant TGIS, the right to use the name that has been submitted with the reviews or comments, in connection with such review or comment. Further you agree that the comments or reviews posted by yourself shall not violate the TGIS’s policy or any other person’s rights. You agree not to post comments or reviews that contain any illegal, scandalous, offensive, obscene, disparaging, or threatening material.
11. Termination
We reserve the right to suspend or terminate your use of the website without giving prior notice, if we find that the customer has violated any of these terms and conditions, policies or guidelines.
12. Modification/changes of Terms & Conditions
We reserve the right to revise these Terms & Conditions from time to time without notifying the customer. The revised Terms & Conditions would be applicable from the date on which the revised Terms & Conditions are published/ uploaded on the Website. You should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions are not acceptable, the customer should discontinue using the Website. However, if the customer continues to use the service on the Website, then the customer shall be deemed to have agreed to accept and abide by the modified Terms & Conditions for use of this Website.
13. Intellectual Property Rights
a. All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc., displayed on the Website is the exclusive property of TGIS, and we reserve all the intellectual property rights in those contents. You agree not to use, reproduce, sell, transmit or create derivate work or distribute any content from the Website belonging to TGIS. Use of the Website does not entitle you to make any unauthorised use of any protected content. You may use the protected content solely for personal use and will make no commercial use of the content without obtaining a license from us. Access to the Website does not grant the customer any license, express or implied, to the intellectual property of TGIS or its licensors.
b. We respect the intellectual property right of others. In case you find that any content/s displayed on our Website infringes a copyright, patent, design or trademark, then the consumer shall intimate us to that effect with the following details:
i. The user’s contact information including user’s name, address, telephone number and email address.
ii. A digital or electronic signature of the person authorised to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
iii. The alleged subject matter of the infringement and its location on the Website. The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
iv. A statement that the notifying person believes in good faith that the alleged subject matter is infringing other person’s right.
v. The above information is necessary for us to verify the genuineness of the claim and to investigate upon the matter. After investigation, if it appears that the claims are not merit-less, then TGIS would remove the alleged subject matter and disable the access to such.
14. Indemnification
You agree to indemnify, defend and hold harmless TGIS for any losses, costs, expenses, suits, proceedings (including reasonable attorney fees), or any other liability including any third-party claims relating to or arising out of (i) your use of or unauthorized use of the website; or (ii) your violation of any of these terms and conditions and any of our policies; or (iii) violation of any applicable law, rules, regulations; or (iv) infringement of intellectual property rights of a third party; or (v) submission /uploading of any illegal, scandalous, offensive, obscene, disparaging or threatening material on the Website.
15. Severability
If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.
16. Governing law
These terms and conditions shall be governed in accordance with the laws of India. The courts located in Mumbai, Maharashtra shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with these terms and conditions.
17. Contact
If you have any queries, grievances, feedback or suggestions, please feel free to contact us at info@thegreatindianspicery.com