This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.1. “Acceptance” shall mean any act on the part of user which reflects use of the Website or any other actions that implies the user’s acceptance.
1.2. “Personal information” means any information that relates to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with the Company and is capable of identifying such person.
1.3. “Permitted Use” shall mean any functions, facilities, information, promotions or other services through this Website relating to Company’s products and services for transmission of general news and information.
Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the Website unless represented by a person capable of entering into a contract. As a minor if you wish to use the Website, such use may be made by your legal guardian or parents. The Company reserves the right to block the usage of the Website and refuse to provide you with access to the Website if a situation contrary to aforementioned is discovered.
When you use the Website or post comments or feedbacks or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by such other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
You further agree, undertake and confirm that you shall access the Website for Permitted Use only and such access and use of the Website by you shall be strictly governed by the following binding principles:
7.1. You understand and agree that the Website is merely a platform for its users and persons accessing the Website and shall only be accessed for the Permitted Use.
7.2. You agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information on or through the Website that:
a. belongs to another person and/or to which you do not have any right; or
b. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
c. is misleading in any way; or
d. is patently offensive such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
e. harasses or advocates harassment of another person; or
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or
h. infringes upon or violates any third party’s rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity); or
i. promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
k. provides material that exploits people in a sexual, violent or otherwise inappropriate or illegal manner or solicits personal information from anyone; or
l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
m. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
n. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to accounts, blogs, feedbacks, account information, or other areas of the Website or solicits passwords or Personal Information for commercial or unlawful purposes from other users; or
o. interferes with another user’s use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or
q. harm minors in any way; or
r. violates any law for the time being in force in India; or
s. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is offensive or menacing in nature; or
t. impersonate another person; or
u. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any software or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or Personal Information; or
v. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
7.3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
7.4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, computer, network on the Website, by hacking, password “mining” or any other illegitimate means.
7.5. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other user, including any account not owned by you, to its source, or exploit the Website or any information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to Personal Information, other than your own information, as provided for by the Website.
7.6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.
7.7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or interfere with any other person’s use of the Website.
7.10. It is possible that some users of the Website (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any Personal Information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share on the Website.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on the Website purposely made available by us for downloading from the Website, provided that you:
a. do not remove any proprietary notice language in all copies of such documents; or
b. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
c. make no modifications to any such information; or
d. shall not make any additional representations or warranties relating to such documents or information.
You acknowledge and undertake that you are accessing the Website for Permitted Use at your own risk and are using your best and prudent judgment before accessing the Website.
This Website, all the materials and products (including but not limited to software) included on or otherwise made available to you are on “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
a. This Website will be constantly available for Permitted Use, or available at all or the Website will meet your requirements or your use of the Website or the Permitted Use will be uninterrupted, timely, secure or error-free.
b. The results that may be obtained from the use of the Website will be effective, accurate or reliable.
c. We will be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.
d. This Website, information, content, materials, products (including software) included on or otherwise made available to you through the Website, our servers or any electronic communication sent from the Website are free of viruses or other harmful components.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block access to the Website in the event, but not limited to:
b. If we are unable to verify or authenticate any information you provide; or
The Company, its associates, affiliates and service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
a. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; or
b. Any interruption or errors in the operation of the Website.
This Website is controlled and operated by the Company. All material on this Website, including images, illustrations, clips etc, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by the Company or by other parties that have licensed their material to us. The materials or products on the Website are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of the Company and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
16.1. Notices: Except as explicitly stated otherwise, any notices shall (a) in the case of notice to the Company, be given by registered postal mail to the Company to Amy’s Kitchen, Inc., c/o Gurmi Foods Private Limited, 740, Phase – V Udyog Vihar, Gurgaon HR 122016, India, Attn: Gopal Batra, with a copy by email to the following: firstname.lastname@example.org, or, (b) in the case of notice to you, to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16.2. User submissions: You understand that when using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Amy’s Kitchen, Inc., c/o Gurmi Foods Private Limited, 740, Phase – V Udyog Vihar, Gurgaon HR 122016, India, Attn: Gopal Batra