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Terms & Conditions

TERMS OF USE

Thank you for visiting our corporate website at https://www.arakucoffee.in/ Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered or information displayed by ARAKU. This Agreement sets forth the legally binding terms and conditions for your use of the website at https://www.arakucoffee.in/, all other sites owned and operated by ARAKU that redirect to said website and all subdomains (collectively, the “ARAKU Website”), and the services owned and operated by ARAKU on the ARAKU Website.

By accessing and browsing the Araku Originals Private Limited ('ARAKU') website or by using and/or downloading any content from the same, you agree and accept the Terms of Use as set forth below. "The Company" refers to Araku Originals Private Limited, including its affiliates (also referred to as “we”, “us”, or “our”). (ARAKU, and affiliates shall be collectively referred to as “ARAKU Group affiliates”). (This Terms of Use shall be referred and read together with Privacy Policy and Disclaimer of the ARAKU Website.)

(A) ACCEPTANCE OF TERMS OF USE:

Your use or viewing the ARAKU Website is subject to your acceptance of all of the terms and conditions contained in these Terms of Use, including the Disclaimer and Privacy Policy available at https://www.arakucoffee.in/disclaimer and https://www.arakucoffee.in/privacy , and all other operating rules, policies, and procedures that may be published on the ARAKU Website by the Company, which are incorporated by reference.

These Terms of Use apply to every user of the ARAKU Website. In addition, some services offered through the ARAKU Website may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

We reserve the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the ARAKU Website. It is your responsibility to check the Terms of Use periodically for any changes. Your continued use of the ARAKU Website following the posting of any changes to the Terms of Use constitutes automatic acceptance of those changes.

We reserve the right to change, suspend, or discontinue the ARAKU Website (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. We may also impose limits on certain features and services or restrict your access to parts or all of the services of ARAKU Website without notice or liability.

ARAKU Website and its contents are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that any personal information you may submit will be accurate and truthful. We reserve the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in its sole discretion, refuse to offer the ARAKU Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the ARAKU Website is revoked in those jurisdictions.

(B) INTELLECTUAL PROPERTY NOTICE

Copyright © 2018Araku Originals Private Limited. ALL RIGHTS RESERVED.

(i) The ARAKU Website is the exclusive property of ARAKU. All the contents, documents, information and database included on the ARAKU Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code,reprographics, demos, patches, other files and software), is owned, controlled or licensed by or to ARAKUand/or ARAKUGroup Affiliates and may be protected as copyright, database rights, trade mark, intellectual property law and other proprietary rights.

(ii) The marks ‘Araku’, indicated on each page are the trademarks owned by or licensed to ARAKU, which also includes any all other graphics, logos, page headers, taglines, button icons, scripts and service names. The said ARAKU trademarks may not be used in connection with any product or service that is not in any manner connected or provided by ARAKU, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ARAKU.

(iii) All other trademarks not owned by ARAKUor ARAKUGroup Affiliates that appear on the ARAKU Website, are the property of their respective owners, who may or may not be affiliated with or connected to ARAKU and we do not claim any right, interest or affiliation with such parties.

 

(iv) Nothing on the ARAKU Website or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of ARAKU or ARAKU Group Affiliates, or any third party, whether implied or otherwise, save as expressly provided.

(v) Any software, including codes or other materials that are made available to download from the ARAKU Website, is the copyrighted work of ARAKU and/or its suppliers and affiliates. If you download software from the ARAKU Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of ARAKUin the case of codes or other downloadable materials.

(C) USERS’ COMMENTS AND INFORMATION COLLECTED

The Company does not assume any obligation to monitor the information that you may post on its website.

You warrant that any and all information, projects, files or other attachments sent to us (‘Material’) or comments other than personal data, that you may transmit to the Company through the website does not infringe intellectual property rights or any other applicable law. Such Material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or Material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such Material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such Material and/or comments in any way it chooses.

We collect information from a variety of sources, directly and indirectly [to specify the sources]. The term “Personal Data” means information relating to an identified or identifiable individual (i.e. a natural person). All of the information we collect about you is used to monitor the use of the site and develop world-class products and services of superior quality. Such use does not result in any personally identifiable information being collected or stored. By submitting your Personal Data through this website, you shall be consenting to it being handled in accordance with the site's online Privacy Policy. You agree to provide true and complete information about yourself by registering on this site and you are solely responsible for protecting your password and all acts by way of use of your password. If you have submitted Personal Data through this website and wish us to cease using it for the purposes submitted, please contact us.

(D) USER RULES OF CONDUCT

By using this ARAKU Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this ARAKU Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the ARAKU Website) as are acceptable for a user policy:

(i) Unless with our prior permission, no part of the ARAKU Website may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.

(ii) You have a limited permission to display, print or download extracts from these pages of the ARAKU Website for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material or contents on the ARAKU Website in any way. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited. Framing this site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is impermissible. Use of contact information provided on the site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the site or to intercept any information from the site is prohibited.

(iii) You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the ARAKUWebsite without our prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the ARAKUWebsite which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use.

(iv) You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the ARAKUWebsite or use any of the materials for public performance or otherwise make commercial use of the ARAKUWebsite or any materials located on it without our prior written consent.

(v) You cannot upload on the ARAKU Website or submit any content or otherwise distribute or publish through the ARAKU Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another's privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately.

(vi) You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the ARAKU Website, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the ARAKU Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

(vii) You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that:

a. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

b. you know is false, misleading, or inaccurate;

c. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

d. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ARAKUor any third party;

e. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

or f. impersonates any person or entity, including any employee or representative of the Company.

(viii) You shall not:

(i) take any action that imposes or may impose (as determined by ARAKUin its sole discretion) an unreasonable or disproportionately large load on ARAKU’s or its third-party providers’ infrastructure;

(ii) interfere or attempt to interfere with the proper working of ARAKU Website or any activities conducted on the same;

(iii) bypass any measures ARAKUmay use to prevent or restrict access to the ARAKU Website (or other accounts, computer systems, or networks connected to the same);

(iv) run maillist, listserv, or any form of auto-responder or "spam" on the ARAKU Website; or

(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the ARAKU Website.

(ix) No user shall post any message to the ARAKUWebsite which is in violation of the acceptable use policies in respect of the ARAKUWebsite. We reserve the right to delete and remove all such postings.

(x) ARAKUWebsite cannot under any circumstances be used for commercial purposes by any user.

(xi) We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.

(xii) We will enforce appropriate sanctions against any of the users of the ARAKUWebsite who are responsible for abuse of the ARAKUWebsite. Such sanctions may include but are not limited to

(a) a formal warning,

(b) suspension of access through the ARAKUWebsite or machines,

(c) suspension of access to the ARAKUWebsite,

(d) termination of any registration of the user with ARAKUWebsite or services.

(E) APPLICABLE LAW - SEVERABILITY

These Terms of Use are governed by the Indian Law. The courts in Mumbai have exclusive jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use.

If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and the remaining provisions shall remain in full force and effect.

(F) MODIFICATIONS OF THE TERMS OF USE

The Company reserves the right to change the Terms of Use under which this web site is offered at any time and without notice. You will be automatically bound by these modifications when you use this site and should periodically read the Terms of Use.

After having read and understood the disclaimer and copyright notice, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility.

(G) INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ARAKU, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to (a) your use or misuse or an unlawful or negligent act or omission of, or access to, the ARAKU Website and content, or otherwise from your user submissions; (b) violation of the Terms of Use; or (c) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ARAKUin asserting any available defences.

(H) INTERNATIONAL

Accessing ARAKU Website is prohibited from territories where the content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.

(I) ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using ARAKU Website, you consent to receive from ARAKU all communications including notices, agreements, legally required disclosures, or other information in connection with the ARAKU Website (collectively, "Contract Notices") electronically. ARAKU may provide the electronic Contract Notices by posting them on the ARAKU Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the ARAKU Website.

(J) ENTIRE AGREEMENT

These Terms of Use and other referenced material are the entire agreement between you and ARAKUwith respect to the ARAKUWebsite and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ARAKUwith respect to ARAKU Website and govern the future relationship.

The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

(K) RETURN AND CANCELLATIONS

We currently do not have a refund, returns or cancellation policy. In case the order received by the customer is defective, we shall send a fresh order to replace it.

I agree.