TERMS AND CONDITIONS
Please read these Terms carefully before using this website by using this website, you acknowledge that you have read, understood and agreed to be bound by the Terms contained on this page, which govern Bazana Foods Pvt Ltd.’s relationship with you in relation to this website. Bazana Foods Pvt Ltd, a company incorporated under the laws of India, may revise, and update these Terms from time to time. Your continued usage of the website is considered as an implied acceptance of the changes and that you agree to abide by the changed Terms.In these Terms, references to "you", "your", "User(s)", "they” shall mean the end user (including its successors and permitted assigns) accessing the website and its contents; "we", "us" and "our" shall mean Bazana Foods Pvt Ltd; and "party, "parties" shall mean you and/or Bazana Foods Pvt Ltd. as the context may require.
Use of the website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Bazana Foods Pvt Ltd. at its sole discretion reserves the right not to accept a User from registering on the website without assigning any reason thereof.
USER ACCOUNT, PASSWORD, AND SECURITY
Upon downloading the website, you will be required to enter your Official email ID and password for log-in. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Bazana Foods Pvt Ltd. of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. It may be noted that this website once opened will be active in the background and will only stop upon log out or device switch-off. Bazana Foods Pvt Ltd. will not be liable for any loss or damage arising from your failure to comply with this clause.
By providing your data, you agree to be communicated by us via email to facilitate your navigation of the website. We may communicate updates and uploads periodically and as and when required.
USER CONDUCT AND RULES
You will not, nor will allow third parties acting on your behalf to (i) make and distribute copies of the Mobile Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website; or (ii) create derivative works of the website of any kind whatsoever.
You acknowledge and agree that the terms of agreement with your respective mobile network provider will continue to apply when using the website. As a result, you may be charged by the mobile network provider for access to the network connection services for the duration of the connection while accessing the website or any such third-party charges as may arise. Bazana foods Pvt Ltd. specifically denies any liability for such charges.
You agree and undertake to use the website only for purposes and post and upload data/ information/ material that are permitted and are proper. By way of example, and not as a limitation, you agree and undertake that when using the website, you will not:
- Host, display, upload, modify, publish, transmit, disseminate, update, or share any data/ information/ material/ files that-
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, inappropriate, 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses, corrupt files or any other computer code, files or programs designed to interrupt, destroy or limit the operation of the website;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- conduct or forward polls, contests or photographs posted on the website;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which is applicable to You;
- violate any applicable laws or regulations for the time being in force in or outside India;
- violate any of the terms and conditions of these Terms or any other terms and conditions for the website contained elsewhere herein; and
- make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement(s) and/or comment(s) about Bazana Foods Pvt Ltd. and/or its affiliates/ associates.
USER WARRANTY AND REPRESENTATION
You guarantee, warrant, and certify that you are the owner of the content which you submit or are otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Mobile Application.
Use of the Mobile Application is available only to persons who can form legally binding contracts 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 use the Mobile Application. Bazana Foods Pvt Ltd. reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to Bazana foods Pvt Ltd.'s notice or if it is discovered that you are under the age of 18 years.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Bazana Foods Pvt Ltd. owns all Intellectual Property Rights to and into the website including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Bazana Foods Pvt Ltd. without obtaining authorization from ABMCPL.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using the website, including any text, data, information, images,
photographs or any other material which you may upload, transmit or store when making use of the Mobile Application.
LINKS TO THIRD PARTY SITES:
The website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bazana Foods Pvt Ltd. and Bazana foods Pvt Ltd. is not responsible for the contents, services or products of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABMCPL is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by Bazana Foods Pvt Ltd. of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Bazana Foods Pvt Ltd. has no specific prior review process or editorial control over third party content. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third-party information appearing on the Linked Sites or otherwise.
Bazana Foods Pvt Ltd. reserves the right, but not the obligation, to monitor the Website to determine compliance with the terms of this website and any rules/ policies established by Bazana foods Pvt Ltd. to satisfy any law or regulation.
The Users of the website are expected to update the website on regular basis, so that he/she is duly aware of any change(s) in Terms. In the event of failure to update the website, as and when available, the Users understand and agree that they agree to the updated Terms by virtue of continued use of the website and that Bazana foods Pvt Ltd. shall not be liable in any manner whatsoever for such failure of the User to update the website.
GENERAL TERMS AND CONDITIONS:
- You are responsible for remaining knowledgeable about the Terms as updated from time to time.
- You agree to be communicated by us via email to facilitate your navigation of and use of the website.
- We shall not be liable or responsible for correspondence lost or delayed in the email.
- You represent and warrant that all information placed by you in your profile, including but not limited to name, address, mobile number, email address are correct.
- We reserve the right to add, modify, delete or otherwise change the Terms without any approval, prior notice or reference to any User.
- In the event of dispute in connection with the interpretation of the Terms, our decision shall be final and binding.
- These Terms shall be read in conjunction with the other policies of Bazana Foods Pvt Ltd. included herein by reference or otherwise.
You agree to indemnify, defend and hold harmless Bazana foods Pvt Ltd. from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Bazana Foods Pvt Ltd. that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- Bazana Foods Pvt Ltd. may suspend or terminate your use of the website, in its sole and absolute discretion that you have breached any of the Terms.
- If you or Bazana foods Pvt Ltd. terminates your use of the website, Bazana Foods Pvt Ltd. may delete any content or other materials relating to your use of the Website and Bazana Foods Pvt Ltd. will have no liability to you or any third party for doing so.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Navi Mumbai, India.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the website by you contained herein or any other section or pages of the website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be void, unlawful or otherwise in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
NO AGENCY OR PARTNERSHIP:
Bazana Foods Pvt Ltd. and you are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.
A delay or omission by Bazana Foods Pvt Ltd. to exercise any right or power under these Terms will not be construed to be a waiver thereof. A waiver by Bazana Foods Pvt Ltd. of any of the covenants to be performed by you or any breach thereof will not be construed to be a waiver of any succeeding breach thereof or of any other covenant under these Terms.
We may provide notice to User via official email.
NO THIRD PARTY BENEFICIARIES:
User acknowledges and agrees that these Terms shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
Bazana Foods Pvt Ltd. may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to User.
Conditions of Sale
Please read these conditions carefully before placing an order for any products. These conditions signify your agreement to be bound by these conditions.
In addition, when you use any current or future service will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive a notification confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and a confirmation is sent to you that the product has been dispatched to you. If your order is dispatched in more than one instance, you may receive a separate Dispatch Confirmation for each instance, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation.
You can cancel your order for a product at no cost any time before the payment for the products has been received. In case payment has been received and you wish to cancel the order, no refund shall be issued. Instead the amount can be used for future trades that may be done. If you still wish to get refund, cancellation charges will be applied.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed if any products you order turn out to be unavailable.
All prices are exclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. All prices are listed in Rupees.
All prices are listed in Rupees. "Price", as displayed, is exclusive of all taxes at the appropriate rate. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your basket and the time you purchase it.
If you are a business customer shopping on Mobile App, the Price (mentioned above) may mean the "Business Price", if a discounted price is available to you for the product which shall be exclusive of all taxes at the appropriate rate. For the bulk purchases being made by you, the Price may mean the "Quantity Price" which is exclusive of any discounts on the products purchased by you.
Bazana foods Pvt Ltd. does not offer price matching for any items sold by any seller on other websites.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
Returns and Replacement
Products cannot be returned and only be replaced within the applicable window if you’ve received them in a condition that is physically damaged and is verified by Bazana Foods Representative,
Replacement will be processed only if:
o it is determined that the product was not damaged while in your possession; o the product is not different from what was shipped to you; o the product is returned in original quantity, condition and with original packaging.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Mumbai.
QUESTIONS AND GRIEVANCES
If you have any questions or grievances about our privacy practices, please feel free to contact us at:
Name: Shriwat Kadam
Address: Navi Mumbai
Email Id: Shriwat@bazana.in
Phone No: 9766403568