OF SERVICE AGREEMENT
LAST REVISION: [30-09-2021]
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.alakartz.com (the "Website"), ALAKARTZ 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. Alakartz 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. Alakartz 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. Alakartz 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 Alakartz 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
Terms of Offer. This
Website offers for sale of Groceries, other FMCG, Vegtables, other household
items etc. By placing an order for Products through this Website, you agree to
the terms set forth in this Agreement.
Solicitation: Unless you
notify our third party call center reps or direct Alakartz 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 Alakartz
and its designated in house or third party call team(s).
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: [opt-out email].
3. You may send a
written remove request to Alakartz, M.G.Nagar No.01, Kureepuzha, Kavanad.P.O.,
Proprietary Rights: Alakartz has
proprietary rights and trade secrets in the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by Alakartz. Alakartz 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.
Good and Service Tax(GST) : If you purchase any Products, you will be
responsible for paying any applicable sales tax.
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 nutritional and dietary supplements. Alakartz does not always
create the information offered on this Website; instead the information is
often gathered from other sources. To the extent that Alakartz 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. Alakartz does not endorse the contents on any such
third-party websites. Alakartz 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; Alartz 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 Alakartz 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 Alakartz 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. Alakartz 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. Alakartz is not
liable for any damage or monetary loss, harm resulting from any posts by or
interactions between users. Alakartz reserves the right, but has no obligation,
to monitor interactions between and among users of the Website and to remove
any content Alakartz deems objectionable.
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. ALAKARTZ 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, ALAKARTZ 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,
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
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.
LIMITATION OF LIABILITY
ALAKARTZ 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
ALAKARTZ 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 DAMAGE OR MONETARY LOSS SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
You will release,
indemnify, defend and hold harmless Alakartz, 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 Alakartz. When Alakartz is threatened
with suit or sued by a third party, Alakartz may seek written assurances from
you concerning your promise to indemnify Alakartz; your failure to provide such
assurances may be considered by Alakartz to be a material breach of this Agreement.
Alakartz 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 Alakartz choice at its expense. Alakartz 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 Alakartz against
any claim, but you must receive Alakartz 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.
strongly in protecting user privacy and providing you with notice of Alakartz
herein, that is posted on the Website.
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.
Force Majeure. Alakartz 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,
act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation.
Alakartz 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 Alakartz and supersedes any prior agreements pertaining
to the subject matter contained herein.
Effect of Waiver. The
failure of Alakartz 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
Governing Law; Jurisdiction, This Website originates from the Kollam,
Kerala. This Agreement will be governed by the laws of the State of Kerala
without regard to its conflict of law principles to the contrary. Neither you
nor Alakartz 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 Kerala 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. Alakartz 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 Alakartz 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, Alakartz 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 [Business Name] chooses, in its sole
discretion and without advance to you, to terminate it.
Domestic Use. Alakartz 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. Alakartz 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.