TERMS
OF SERVICE AGREEMENT
LAST REVISION: 1-May-2021
PLEASE READ THIS TERMS
OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM
THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This
Terms of Service Agreement (the “Agreement”) governs your use of this
website, www.thenaturalfood.in (the “Website”), THENATURALFOOD.IN
(“Business Name”) offer of products for purchase on this Website, or
your purchase of products available on this Website. This Agreement includes,
and incorporates by this reference, the policies and guidelines referenced
below. THENATURALFOOD.IN reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. THENATURALFOOD.IN will alert you that changes or
revisions have been made by indicating on the top of this Agreement the date it
was last revised. The changed or revised Agreement will be effective
immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. THENATURALFOOD.IN encourages you to review this Agreement
whenever you visit the Website to make sure that you understand the terms and
conditions governing use of the Website. This Agreement does not alter in any
way the terms or conditions of any other written agreement you may have with THENATURALFOOD.IN
for other products or services. If you do not agree to this Agreement
(including any referenced policies or guidelines), please immediately terminate
your use of the Website. If you would like to print this Agreement, please
click the print button on your browser toolbar.
· I. Products
Terms
of Offer. This Website offers for sale certain products (the
“Products”). By placing an order for Products through this Website,
you agree to the terms set forth in this Agreement.
Customer
Solicitation: Unless
you notify direct THENATURALFOOD.IN sales reps, while they are calling you, of
your desire to opt out from further direct company communications and
solicitations, you are agreeing to continue to receive further emails and call
solicitations THENATURALFOOD.IN and its
designated in house or third party call team(s).
Opt Out
Procedure: We
provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt
out link found in any email solicitation that you may receive.
2. You may also choose to
opt out, via sending your email address to: support@thenaturalfood.in
3. You may send a written
remove request to THENATURALFOOD.IN , 163 Thomas Street Coimbatore Tamil Nadu
641 001
Proprietary
Rights: THENATURALFOOD.IN
has proprietary rights and trade secrets
in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by THENATURALFOOD.IN . THENATURALFOOD.IN
also has rights to all trademarks and
trade dress and specific layouts of this webpage, including calls to action,
text placement, images and other information.
GST: If you purchase
any Products, you will be responsible for paying any applicable General Service
Tax (Our Product pricing displayed are inclusive of GST – Refer our invoice
copy).
· II. Website
Content;
Intellectual Property; Third Party Links. In addition to making Products
available, this Website also offers information and marketing materials. This
Website also offers information, both directly and through indirect links to
third-party websites, about nutrition, diet & health information. THENATURALFOOD.IN
does not always create the information
offered on this Website; instead the information is often gathered from other
sources. To the extent that THENATURALFOOD.IN does create the content on this Website, such
content is protected by intellectual property laws of the India, foreign
nations, and international bodies. Unauthorized use of the material may violate
copyright, trademark, and/or other laws. You acknowledge that your use of the
content on this Website is for personal, noncommercial use. Any links to
third-party websites are provided solely as a convenience to you. THENATURALFOOD.IN
does not endorse the contents on any
such third-party websites. THENATURALFOOD.IN is not responsible for the content of or any
damage that may result from your access to or reliance on these third-party
websites. If you link to third-party websites, you do so at your own risk.
Use
of Website: THENATURALFOOD.IN
is not responsible for any damages
resulting from use of this website by anyone. You will not use the Website for
illegal purposes. You will (1) abide by all applicable local, state, national,
and international laws and regulations in your use of the Website (including
laws regarding intellectual property), (2) not interfere with or disrupt the
use and enjoyment of the Website by other users, (3) not resell material on the
Website, (4) not engage, directly or indirectly, in transmission of
“spam”, chain letters, junk mail or any other type of unsolicited
communication, and (5) not defame, harass, abuse, or disrupt other users of the
Website
License: By using this
Website, you are granted a limited, non-exclusive, non-transferable right to
use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without
express written authorization from THENATURALFOOD.IN or the applicable third party (if third party
content is at issue).
Posting: By posting,
storing, or transmitting any content on the Website, you hereby grant THENATURALFOOD.IN
a perpetual, worldwide, non-exclusive,
royalty-free, assignable, right and license to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit and assign such
content in any form, in all media now known or hereinafter created, anywhere in
the world. THENATURALFOOD.IN does not
have the ability to control the nature of the user-generated content offered
through the Website. You are solely responsible for your interactions with
other users of the Website and any content you post. THENATURALFOOD.IN is not liable for any damage or harm resulting
from any posts by or interactions between users. THENATURALFOOD.IN reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any THENATURALFOOD.IN
deems objectionable, in THENATURALFOOD.IN
‘s sole discretion.
· III. Disclaimer of
Warranties
YOUR
USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND
PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. THENATURALFOOD.IN EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE
CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
(“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, THENATURALFOOD.IN MAKES NO WARRANTY:
THAT
THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR
TIMELY.
THAT
THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE,
RELIABLE, COMPLETE, OR TIMELY.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS
WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT
DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR
OBTAINED THROUGH THE WEBSITE.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
· IV. Limitation of
Liability
THENATURALFOOD.IN
ENTIRE LIABILITY, AND YOUR EXCLUSIVE
REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE
AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE
WEBSITE.
THENATURALFOOD.IN
WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS
AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE
COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST
PROFITS YOU ALLEGE.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
· V. Indemnification
You
will release, indemnify, defend and hold harmless THENATURALFOOD.IN and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable attorneys’ fees and
expenses, of third parties relating to or arising out of (1) this Agreement or
the breach of your warranties, representations and obligations under this
Agreement; (2) the Website content or your use of the Website content; (3) the
Products or your use of the Products (including Trial Products); (4) any intellectual
property or other proprietary right of any person or entity; (5) your violation
of any provision of this Agreement; or (6) any information or data you supplied
to THENATURALFOOD.IN . When THENATURALFOOD.IN
is threatened with suit or sued by a
third party THENATURALFOOD.IN may seek
written assurances from you concerning your promise to indemnify THENATURALFOOD.IN
; your failure to provide such assurances may be considered by THENATURALFOOD.IN
to be a material breach of this
Agreement. THENATURALFOOD.IN will have
the right to participate in any defense by you of a third-party claim related
to your use of any of the Website content or Products, with counsel of THENATURALFOOD.IN
choice at its expense. THENATURALFOOD.IN
will reasonably cooperate in any defense
by you of a third-party claim at your request and expense. You will have sole
responsibility to defend THENATURALFOOD.IN against any claim, but you must receive THENATURALFOOD.IN
prior written consent regarding any
related settlement. The terms of this provision will survive any termination or
cancellation of this Agreement or your use of the Website or Products.
· VI. Privacy
THENATURALFOOD.IN
believes strongly in protecting user
privacy and providing you with notice of THENATURALFOOD.IN ’s use of data. Please refer to THENATURALFOOD.IN
privacy policy, incorporated by
reference herein, that is posted on the Website.
· VI. Agreement to be
Bound
By
using this Website or ordering Products, you acknowledge that you have read and
agree to be bound by this Agreement and all terms and conditions on this
Website.
· VIII. GENERAL
Force
Majeure: THENATURALFOOD.IN will not be
deemed in default hereunder or held responsible for any cessation, interruption
or delay in the performance of its obligations hereunder due to earthquake,
flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor
strike, lockout, or boycott.
Cessation
of Operation: THENATURALFOOD.IN
may at any time, in its sole discretion
and without advance notice to you, cease operation of the Website and
distribution of the Products.
Entire
Agreement: This Agreement
comprises the entire agreement between you and THENATURALFOOD.IN and supersedes any prior agreements pertaining
to the subject matter contained herein.
Effect
of Waiver: The failure of THENATURALFOOD.IN
to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force and
effect.
Governing
Law; Tamilnadu. This Website
originates from the Coimbatore, Tamilnadu. This Agreement will be governed by
the laws of the State of Tamilnadu without regard to its conflict of law
principles to the contrary. Neither you nor THENATURALFOOD.IN will commence or prosecute any suit,
proceeding or claim to enforce the provisions of this Agreement, to recover
damages for breach of or default of this Agreement, or otherwise arising under
or by reason of this Agreement, other than in courts located in State of
Tamilnadu. By using this Website or ordering Products, you consent to the
jurisdiction and venue of such courts in connection with any action, suit,
proceeding or claim arising under or by reason of this Agreement. You hereby
waive any right to trial by jury arising out of this Agreement and any related
documents.
Statute of Limitation.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Website or Products or
this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Waiver of Class Action
Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT
YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION
OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination.
THENATURALFOOD.IN reserves the right to
terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and THENATURALFOOD.IN may, in its sole
discretion and without advance notice to you, cancel any outstanding orders for
Products. If your access to the Website is terminated, THENATURALFOOD.IN reserves the right to exercise whatever means
it deems necessary to prevent unauthorized access of the Website. This
Agreement will survive indefinitely unless and until THENATURALFOOD.IN chooses, in its sole discretion and without
advance to you, to terminate it.
Domestic
Use. THENATURALFOOD.IN makes no
representation that the Website or Products are appropriate or available for
use in locations outside India. Users who access the Website from outside India
do so at their own risk and initiative and must bear all responsibility for
compliance with any applicable local laws.
Assignment.
You may not assign your rights and obligations under this Agreement to anyone. THENATURALFOOD.IN
may assign its rights and obligations
under this Agreement in its sole discretion and without advance notice to you.
BY
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.