Document
TERMS AND CONDITIONS PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THE KAMDHENU DAIRY MOBILE APPLICATION OR ORDERING PRODUCTS THROUGH THE APPLICATION, 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 the Kamdhenu Dairy Mobile Application (hereafter the "Application"), Kamdhenu Dairy's offer of products for purchase through this Application, and your purchase of products available on the Application. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Kamdhenu Dairy reserves the right to change or revise the terms and conditions of this Agreement at any time by publishing any changes or revised Agreement within the Application. Kamdhenu Dairy will notify users that changes or revisions have been made by indicating the date of the latest revision. The changed or revised Agreement will become effective immediately after publication. Your continued use of the Application following such changes constitutes your acceptance of the revised Agreement. This Agreement does not alter any other written agreement you may have with Kamdhenu Dairy regarding other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please discontinue using the Application immediately. I. PRODUCTS Terms of Offer The Application offers certain dairy products ("Products") for sale. By placing an order through the Application, you agree to the terms set forth in this Agreement. Customer Communication Unless you notify Kamdhenu Dairy that you wish to opt out of promotional communications, you agree to receive service-related notifications, order updates, delivery updates, promotional offers, and other communications from Kamdhenu Dairy. Opt-Out Procedure You may opt out of promotional communications by contacting Kamdhenu Dairy through the contact details provided within the Application. Proprietary Rights Kamdhenu Dairy has proprietary rights and trade secrets relating to its Products. You may not copy, reproduce, resell, or redistribute any Product manufactured or distributed by Kamdhenu Dairy. Kamdhenu Dairy also owns all trademarks, logos, application layouts, product images, graphics, text, and other intellectual property contained within the Application. Taxes If you purchase any Products, you will be responsible for paying any applicable taxes in accordance with applicable laws. II. MOBILE APPLICATION Content and Intellectual Property In addition to offering Products for sale, the Application also provides product information and other related content. All content made available through the Application is protected by applicable intellectual property laws. You acknowledge that your use of the content is for your personal, non-commercial use only. Use of the Application Kamdhenu Dairy is not responsible for any damages resulting from misuse of the Application. You agree that you will: Comply with all applicable local, state, and national laws. Not interfere with or disrupt the Application or other users. Not reproduce, resell, or commercially exploit any content. Not transmit spam, unsolicited communications, or harmful software. Not engage in abusive, unlawful, fraudulent, or misleading activities through the Application. License By using this Application, you are granted a limited, non-exclusive, non-transferable license to access and use the content solely for your personal and non-commercial purposes. You may not reproduce, distribute, modify, transmit, or create derivative works from any content without prior written authorization from Kamdhenu Dairy. User Content By posting reviews, feedback, comments, or other content through the Application, you grant Kamdhenu Dairy a perpetual, worldwide, non-exclusive, royalty-free license to use, display, reproduce, distribute, and publish such content for business purposes. You remain solely responsible for the content you submit. Kamdhenu Dairy reserves the right to remove any content deemed inappropriate or objectionable. III. DISCLAIMER OF WARRANTIES YOUR USE OF THE APPLICATION AND PRODUCTS IS AT YOUR SOLE RISK. THE APPLICATION AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAMDHENU DAIRY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KAMDHENU DAIRY DOES NOT WARRANT: That the Application will operate without interruption or error. That the information provided is accurate, complete, or current. That defects will be corrected. That the Products will meet every individual expectation. IV. LIMITATION OF LIABILITY Kamdhenu Dairy's total liability, whether in law or equity, shall be limited to the value of the Products purchased through the Application. Kamdhenu Dairy shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from: Use or inability to use the Application. Delays in delivery. Product availability. Loss of profits. Technical failures. Any transaction completed through the Application. V. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Kamdhenu Dairy, its employees, officers, directors, agents, affiliates, and representatives from any claims, damages, liabilities, losses, costs, or expenses arising from: Your breach of this Agreement. Your misuse of the Application. Your use of the Products. Violation of any applicable law. Violation of any intellectual property or other legal rights. VI. PRIVACY Kamdhenu Dairy believes strongly in protecting user privacy. Please refer to the Kamdhenu Dairy Privacy Policy incorporated by reference within the Application. VII. AGREEMENT TO BE BOUND By using the Kamdhenu Dairy Mobile Application or ordering Products through the Application, you acknowledge that you have read and agree to be bound by this Agreement and all Terms and Conditions contained herein. VIII. GENERAL Force Majeure Kamdhenu Dairy shall not be liable for any delay or failure in performance resulting from natural disasters, floods, fires, storms, pandemics, government restrictions, strikes, transportation disruptions, or any event beyond its reasonable control. Cessation of Operation Kamdhenu Dairy reserves the right to suspend or discontinue the Application or distribution of Products at any time without prior notice. Entire Agreement This Agreement constitutes the complete agreement between you and Kamdhenu Dairy concerning the use of the Application. Effect of Waiver Failure by Kamdhenu Dairy to enforce any provision of this Agreement shall not constitute a waiver of that provision. Governing Law and Jurisdiction This Agreement shall be governed by the laws of India. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts having jurisdiction over Kamdhenu Dairy's registered office. Statute of Limitation Any claim arising out of or relating to the Application or Products must be filed within one (1) year after the cause of action arises. Waiver of Class Action Rights Any claim relating to this Agreement shall be brought only in an individual capacity and not as part of any class or representative proceeding. Termination Kamdhenu Dairy reserves the right to terminate or suspend your access to the Application if it reasonably believes that you have violated these Terms and Conditions. Upon termination, Kamdhenu Dairy may also cancel any pending orders at its sole discretion. Assignment You may not assign your rights or obligations under this Agreement. Kamdhenu Dairy may assign its rights and obligations at its sole discretion. BY USING THE KAMDHENU DAIRY MOBILE APPLICATION OR ORDERING PRODUCTS THROUGH THE APPLICATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.