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Organic Valley may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. Organic Valley respects your privacy.
The domain name www.organicvalley.co.in is maintained and operated by Organic Valley, The terms and conditions set out below (the “Conditions”) apply to the use of the Site, including the use of information services offered on the Site.
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials or contents, you shall be deemed to have agreed to each and all the Conditions and notices on this Site as amended from time to time. Further, you agree to be bound by these Conditions, and are therefore requested to carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
Organic Valley reserves the right to change these terms from time to time. By continuing to use the Site after changes are posted you agree to be legally bound by those terms as updated and/or amended.
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on the Site (“Information”, collectively with the ORGANIC VALLEY Marks, the “Intellectual Property”) are either owned exclusively by ORGANIC VALLEY or licensed to ORGANIC VALLEY and may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of ORGANIC VALLEY.
Without limitation, you may not, without such approval from ORGANIC VALLEY, create derivative works from any part of the Site or commercialise any Intellectual Property, products or services obtained from any part of the Site.
- Site Use
The Site is for your personal non-commercial use and the Intellectual Property may be downloaded or printed by you solely for that purpose. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for any use of the Site by you and anyone using your password and login information. This right to use the Intellectual Property is a limited, non-exclusive, non-transferrable, non-assignable, time-bound, non-sub-licensable, revocable license only, and is subject to the following restrictions:
the Intellectual Property may not be used for any commercial purpose or public display, performance, sale or rental; no copyright or other proprietary notices may be removed;
the Intellectual Property may not be transferred to another person;
software may not be interfered with in any manner;
You agree to use the Site only to access, utilise, and receive Intellectual Property in an appropriate manner and purchase products being sold by ORGANIC VALLEY on the Site as being accessed or used by you.
If you are required to establish an account / provide information to access the information on the Site or to purchase any products with the use of the Site, you must complete the designated registration process to obtain Intellectual Property or purchase any products as the case may be. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential.
You agree and acknowledge that the services offered by ORGANIC VALLEY through the Site are restricted to certain geographical areas. ORGANIC VALLEY shall not be responsible for any loss or damage incurred by you, due to the service not being available in the geographical area that you are situated while accessing the services provided on the Site.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of eighteen (18) years, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Conditions. If you are a minor, you are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
By agreeing to the Conditions and creating an account on the Site, you agree to receive promotional communication and newsletters from ORGANIC VALLEY. You can opt out either by unsubscribing through the facility available on the Site or by contacting the customer service of ORGANIC VALLEY.
ORGANIC VALLEY has taken all reasonable efforts to ensure that the Information provided on the Site is accurate and reliable. You accept that all Information provided on the Site or any other material accessed through the Site, including via any Linked Website (as hereinafter defined), is general information and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and is provided without any warranty, representation or condition of any kind, whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site, including via any Linked Website.
While ORGANIC VALLEY seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, ORGANIC VALLEY does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for any particular purpose, and specifically disclaims any such representation or warranty.
In particular ORGANIC VALLEY does not warrant that:
the Information or any other material accessed through the Site, including via any Linked Website, is reliable, accurate or complete including, without limitation, information relating to prices and availability;
- Liability Disclaimer & Exclusion
In no event shall ORGANIC VALLEY be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
your use of the Site or any Linked Website; or your use of or reliance on Information or any other material accessed through the Site, including via any Linked Website, including without limitation, loss or damage by way personal injury or disability, of loss of profits, loss of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded. However, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of ORGANIC VALLEY under any such warranty, term or condition, then the liability of ORGANIC VALLEY shall include liability for that warranty, term or condition, but such liability will be limited to the following:
if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
You agree and acknowledge that the products being sold by ORGANIC VALLEY on the Site are not manufactured by ORGANIC VALLEY and ORGANIC VALLEY shall not be liable for any defects in the quality of the product sold by it. The manufacturer of such products shall solely be liable for defects in the products sold by ORGANIC VALLEY on the Site. Any warranty claims with respect to the products sold by ORGANIC VALLEY shall be made directly with the manufacturer in accordance to the terms and conditions of warranty offered by such manufacturer.
- Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code, computer program routines or processes or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, ORGANIC VALLEY does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Website.
ORGANIC VALLEY does not guarantee or warrant that any material available for downloading from the Site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to ORGANIC VALLEY is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of ORGANIC VALLEY or the Information, or which may detrimentally interfere with or surreptitiously intercept or expropriate any ORGANIC VALLEY system, data or information.
- Linked Websites
The Site may contain links to other websites (each a “Linked Website”). These links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that ORGANIC VALLEY does not have any control over the content or availability of the Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of the Linked Websites. Links to the Linked Websites should not be construed as an endorsement, approval or recommendation by ORGANIC VALLEY of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to, provided or contained on the Linked Websites.
- User account, Password and Security
The user is entirely responsible for maintaining the confidentiality of the user’s password and account, and for any and all activities which occur under the user’s account or password. The user agrees to immediately notify ORGANIC VALLEY of any unauthorised use of the user’s account, password, or any other breach of security known to the user. ORGANIC VALLEY will not be liable for any loss that the user may incur as a result of someone else using or accessing the user’s password or account, either with or without the user’s knowledge. However the user may be held liable for losses incurred by ORGANIC VALLEY or any other party as a result of someone else using or accessing the user’s password or account. The user will not use anyone else’s account at any time without the permission of the account holder. The user may change his/her password or profile by following instructions on the Site.
- Orders Cancellation and Refunds
Orders, returns and cancellations are governed by ORGANIC VALLEY’s Orders Returns and Cancellation Policy, the contents of which are incorporated by reference into the Conditions.
You agree to indemnify, defend and hold ORGANIC VALLEY and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of the Conditions, this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. ORGANIC VALLEY’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
With respect to any communication made to ORGANIC VALLEY on or through the Site including, without limitation, feedback, questions, comments and suggestions (the “Communications”):
No right of confidentiality shall apply to the Communications and ORGANIC VALLEY shall have no obligation to protect the Communications from disclosure;
ORGANIC VALLEY shall be free to reproduce, use, disclose and distribute the Communications to others; and ORGANIC VALLEY shall be free to use any ideas, concepts, know-how or techniques contained in the Communications for any purpose whatsoever including, without limitation, the development, production and marketing of products and services that incorporate such information.
- Payment Mechanism
The payment gateways are incorporated onto the Site as Linked Websites and shall be considered a Third-Party Service. Please note that using any payment mechanism other than the ‘cash on delivery’ option will be governed by the terms and conditions applicable to that particular payment gateway and shall not be governed by these Conditions. By using the Third Party Service, you consent to be bound by the terms and conditions applicable to the use of such Third Party Service.
15. General If any provisions of these Conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect.
ORGANIC VALLEY does not accept any liability for any failure by ORGANIC VALLEY to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If ORGANIC VALLEY waives any rights available to it under these Conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site. The section titles in the document are solely used for the convenience