Terms of Service

INTRODUCTION
These terms of use, conditions, covenants and undertakings for gourisgoodies.com and the policies as may be stipulated by Planetary Foods Pvt. Ltd. from time to time(collectively “T&Cs”) are applicable and legally binding on any person utilizing/visiting/accessing/browsing/availing/procuring/booking/receiving (collectively “procuring”) products and/or services (collectively “products/services”) from suppliers/retailers/sellers on the site.

The terms 'we', 'us' and 'our' refers to the Company, its affiliates and assignees and the term 'you' refers to any person procuring products/services from any supplier through the site. Persons means any natural person, firm, company, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality). Words denoting singular in this T&Cs means plural and vice versa.Words denoting one gender means any applicable gender.

MODIFICATIONS OF TERMS &CONDITIONS OF SERVICE
The Company may at any time modify the T&Cs of the site without any prior notification to you. You can access the latest version of these T&Cs at any given time on the site. You should regularly review the T&Cs on the site. In the event the modified T&Cs is not acceptable to you, you should discontinue using the services or this site. However, if you continue to use the site you shall be deemed to have agreed to accept and abide by the modified T&Cs of this site.

PRIVACY
Please see our Privacy Policy to understand how we use and share information about you.

ELIGIBILITY & USAGE
Our site and products & services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this site and our products/ services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

You warrant to us that you will not purchase any products through the site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions. You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.

The Company reserves the right to list products on the site based on the criteria listed in our site. We screen products based on the ingredient list & certifications products by the manufacturer/vendor.

All products listed on the site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

The Company may assign, or require that you have, a password and a username to enable you to use and access certain portions and features of this site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our site.

You agree to immediately notify the Company of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that the Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

The Company reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, Company may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. The Company will not be liable to any Buyer: (i) if Company does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if Company cancels from a transaction.

LICENSE & SITE ACCESS
The Company grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site or of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the site’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.

LINKS TO THIRD PARTY SITES
Our site may contain links to web sites controlled, owned, and operated by affiliated companies, individuals and other businesses ("Third-Party sites"). We are not responsible for examining or evaluating information provided on the Third-Party sites, and we cannot control and have no responsibility for the accuracy or availability of information provided on the Third-Party sites. You acknowledge that use of any Third-Party sites is governed by the terms of use for those sites, and not by these Terms of Use. Such Third-Party sites may have a privacy policy different from that of this site and the Third-Party sites may provide less security than this site. You should carefully review the respective privacy statements and other conditions of use. We are not responsible for the content of any Third-Party sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party sites, and we shall have no liability of any nature whatsoever for the actions, products, and content of any such third parties or any other third parties and for any failure of products or services offered or advertised on such Third Party sites.

INTELLECTUAL PROPERTY
We claim trademark and copyrights on all site graphics, logos, designs, page headers, button icons, scripts, and service names the Company in India and/or other countries irrespective of whether trademark has yet been granted to us or not. site trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the site in any manner that could cause confusion or could disparage or discredit the Company.

Other than user uploaded content, all content included on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by copyright laws. The compilation of all content on the site is the exclusive property of the Company and protected by India and international copyright laws.

YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.Gaining unauthorized access to other computer systems.Interfering with any other person's use or enjoyment of the site.Breaching any applicable laws;Interfering or disrupting networks or web sites connected to the site.Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

VARIANTS & PRODUCT SIZE
We have made every effort to display the variants, colours and sizes of our products that appear on the site as accurately as possible. However, as the actual colours/size you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour/size will be accurate.


SHIPPING & DELIVERY
Please see Shipping & Delivery Policy.

CANCELLATION, RETURN AND REFUND
Please see Cancellation, Return and Refund Policy.

If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Seller, Company has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, Company will issue an immediate and full refund for the transaction amount to the credit card charged.

DISCLAIMER, NO WARRANTY AND LIMITATION OF LIABILITY
The site, the services and the products purchased by you are provided on an basis. The Company makes no other representations or warranties of any kind, express, implied or statutory. The Company, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Company shall create any warranty.in addition, to the maximum extent allowable by applicable law, the company and its subsidiaries, affiliates, officers, directors, employees, shareholders and agents specifically disclaim all liability resulting from personal injury and/or death resulting from, or arising out of, your use or consumption of products obtained from sellers through the site or in connection with the products & services. Such disclaimer shall include, without limitation, mislabelling of products and/or ingredients. In any such situation, your sole recourse shall be against the Seller who supplied you with the product through our site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the site or the products & services, and operation of the site may be interfered with by numerous factors outside our control.

INDEMNITY
You agree to indemnify and hold the Company and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of your breach of the T&Cs (and any documents they incorporate by reference), your own use of the site or the products & services, or your violation of any law or the rights of a third party.

TERMINATION
You agree that we may, with or without cause, immediately terminate your account and access to our site and Services without prior notice. Without limiting the foregoing, the following may lead to the termination by the Company of a user's use of the site and the Services: (a) breaches or violations of the T&Cs or other incorporated documents, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), and (d) unexpected technical issues or problems. Termination of your site account includes (without liability to the Company): (i) removal of access to all offerings within the site and the Services, (ii) possible barring you from further use of our site and Services, and (iii) revoking all password(s) and usernames issued to or chosen by you. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any termination of your account or access to our site and Services.

Any termination of access or of the T&Cs shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

APPLICABLE LAW
The laws of the Mumbai courts govern these Terms of Use, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with the Company or its affiliates relating in any way to these Terms of Use or your use of the site or products & services shall be adjudicated as per India laws.

COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our site or in connection with the products &services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

If you believe that any content on the site may give rise to copyright infringement, please provide the company with the written information specified below.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the product name, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send notices to sahil@planetaryfoods.com

REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and the company, please contact us at sahil@planetaryfoods.com

Should you have a dispute with one or more users, a Seller, or an outside party, you release the Company (and the Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Company, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.

SEVERABILITY
If any provision of these T&Cs is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these T&Cs and the remainder of the T&Cs shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these T&Cs shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

CONTACT INFORMATION
If you have any questions, kindly contact us at info@planetaryfoods.com