Terms & Conditions
World Products Ltd. (“IndianMart”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our online Indian recipe website at www.indianmart.com (the “Site”) and online Indian grocery store via the Site (the “Store”, and together with the Site – the “Service”, as further detailed below). You may use the Service (or any part thereof) only in accordance with the terms and conditions hereunder.
This website is owned and operated by World Products Ltd., with registered address at 9 Valley Road, Markfield, Leicestershire, LE67 9QS., registered number- 9141444, and VAT No.-131290548.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, REGISTER TO, ACCESS OR USE THE SERVICE OR ANY PART THEREOF.
By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
Please be aware that these Terms may be subject to change without notice from time to time, at our sole discretion, and we recommend that you read them each time you access the Service or place an order with us. Substantial changes of these Terms will be first notified on the Site and/or by sending you an e-mail regarding such changes to the e-mail address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law. If you have any questions, please get in touch with our team through the Contact Us page.
The Service enables its users to upload recipes for Indian culinary dishes (the “Recipes”), as well as articles, blog posts and other comments on, or about, the Recipes, and to make online purchases of various products and ingredients. The Service is not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 6 below). In order to use the Service and place an order via the Store, you must possess a valid credit or debit card issued by a bank acceptable to us.
Whilst every effort is made to update the information, opinions, research information, data and/or content contained on the Service, except as expressly provided hereunder and to the fullest extent permissible by applicable law, IndianMart makes no representations or warranties, whether express, implied in law or otherwise, as to the sequence, accuracy, completeness, quality, usefulness or reliability of such information, opinions, research information, data and/or content contained on the Service (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any such information contained on the Service. No information shall be construed as advice and all information provided on the Service is offered for information purposes only and is not intended for trading or commercial purposes. If you find an error or omission on this Site, please let us know.
UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE SERVICE, INDIANMART DOES NOT IN ANY WAY ENDORSE, RECOMMEND OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN WHOLE OR IN PARTIAL RELIANCE ON THE SERVICE OR ANY INFORMATION OR CONTENT THEREOF OR OBTAINED THEREBY, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF.
In order to use the Services, upload Recipes and post User Generated Content (as defined in Section 18 below), you must register and open a User account on the Site (the “Account”). Registration must be done by providing us with your first name, last name, e-mail address, phone number, billing address and delivery address. During the registration process, you will be asked to choose a password for your Account. Each registration is for a single user only. If you are making online purchases via the Store, you may choose to register and open an Account but this is not obligatory as you have an option to purchase as a guest of the Site.
You must provide accurate and complete information when creating an Account and you agree to not misrepresent any of your personal information or Account information, and to keep your Account information accurate and up to date. You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of IndianMart.
If you provide a password, you are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. We do not permit you to share your login credentials with any person nor with multiple Users of the Service. You agree not to disclose your login credentials to any third party. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if you or anyone using your Account violates these Terms.
You must notify us immediately of any unauthorized use of your Account of Login Credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of IndianMart and/or others due to any such use. We reserve the right to suspend or cancel your registration and Account immediately at our reasonable discretion if you breach any of your obligations under these terms and conditions.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. INDIANMART SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
At any time, IndianMart may block your access to the Service and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to IndianMart under any applicable law. Such actions may be taken if IndianMart deems that you have breached any of these Terms in any manner.
Additionally, IndianMart may at any time, at its sole discretion, change any aspect or feature of the Service and/or cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that IndianMart does not assume any responsibility or liability with respect to, or in connection with the termination of the Service and/or loss of any data.
You may place an order for products via the Store by selecting the products and clicking the ‘Checkout’ button under ‘My Bag’. You will then be guided through the checkout process to complete payment. By placing an order for products via the Store, you are making an agreement to purchase goods. Please check your order prior to completing the checkout process. Upon receipt of your order and acceptance of your order by us, we will email you an order confirmation including details of the products you have ordered. If we are unable to process your order for any reason, we will advise you as soon as possible. We may be unable to accept your order in the following cases:
- if we are unable to gain authorisation for your payment;
- If the product cannot be shipped to your destination, due to applicable law, rule or regulation;
- If there are errors in pricing or description of products;
- If products are unavailable or out of stock; and/or
- If you are below the age of eighteen (18) and fail to meet the requirements under Section 6
Once your order has been processed and accepted by us, we will then issue your dispatch confirmation.
Our products aim to be of satisfactory quality, to be fit for purpose and to match materially their description on the Store. These are your statutory legal rights. If we deliver a product to you that does not meet the material requirements of the product as described on the Store, you can contact us for a replacement or, where this is not possible, for a refund, in accordance with the terms and conditions of these Terms.
Where appropriate, you may be required to select the required size/weight, quantity brand, of the products that you are purchasing and any other feature that may be applicable and available for selection.
We do not represent or warrant that the selected products will be available. While stock indications are provided on our Site, they may inaccurate. If the products that you have ordered on the Store are unavailable or out of stock from our suppliers, we will notify you and offer you a substitute product that is a very similar product but with slightly different packaging, weight, manufacturer or brand. In this instance, you will be contacted appropriately and reasonably in advance and will have time to express your desired option. If the substituted product is more expensive than the product originally ordered, we will notify you and require you to pay us the difference. If the substituted product is cheaper than the product originally ordered, then we will refund to you the difference. Any such refund shall be made within seven working (7) days.
All pricing information for the products will be displayed on the Service in United Kingdom pound sterling (GBP) and is correct at the time of going online. We reserve the right to change our prices, add or change currencies for prices and payment, and/or alter or remove any special offers and Promotions (see Section 10 below) from time to time and as necessary, in our sole and absolute discretion.
In the event that it has come to our attention that there has been an error in pricing of products any time after an order has been placed and before dispatch, including if payment has already been processed, you will be contacted prior to dispatch with details of the new price and an option to either cancel or amend your order if you do not wish to pay the new price. If you still wish and agree to purchase the product at the correct price, then you will either pay us the difference (if the price is higher) or we will refund you the difference within seven working (7) days (if the price is cheaper).
The prices of products found on our Site are inclusive of VAT at the appropriate rate, where applicable. If you would like to receive a VAT receipt, please contact us at email@example.com. The prices available on the Site do not include delivery costs. The delivery costs are available and calculated once your cart is complete and once you have inserted the details of your delivery address in the ‘Checkout’ process. If your delivery address is outside the UK, there may be import duties and taxes levied when the shipment reaches your country. Any such additional charges are your responsibility and must be paid by you. Customs policies and practices vary widely from country to country and it is your responsibility to determine the relevant charge and risks involved, so we recommend that you contact your local customs office for information on policies in the country relevant to you. We will not be held responsible or liable for custom and import charges and taxes.
From time to time, and in our sole and absolute discretion, we may offer promotions and/or coupons in various forms, including but not limited to, discounts, a sale, special offers, free delivery and multi-buys (the “Promotion(s)”). Please note that only one such Promotion may be redeemed per transaction, unless otherwise expressly stated.
Unless expressly provided otherwise under separate terms and conditions, each promotion shall be subject to the terms and conditions of these Terms. Each Promotion shall be offered for a specific period of time, as expressly stipulated. We may amend or revise the terms of a Promotion, or cancel and withdraw them, at any time and without prior notice. If you have placed an order before any such amendment or withdrawal of a Promotion, you will only be liable to pay the price in accordance with the applicable price before such amendment or withdrawal.
All payments shall be made in full prior, and debited and cleared from your Account, at the time of ‘Checkout’ via the Store and prior to dispatch of the products to you. The final price shall include VAT (if applicable), delivery costs and may deduct any Promotions (if applicable). All payments shall be made in United Kingdom pound sterling (GBP).
IndianMart uses secure payment systems operated by various payment service providers displayed on the Site, including without limitation, WorldPay and PayPal (“Online Payment Service(s)”), which enable you to send and receive payment securely online using a credit card, debit card or bank account. Payment can be made using credit or debit cards or via your account with the Online Payment Service. You acknowledge and confirm that the credit card, debit card or account with the Online Payment Service that you use for payment is: (i) valid, accurate and up-to-date; and (ii) owned by you and/or that you have all rights, licenses, consents and approvals to use it to pay for the products on the Service. You acknowledge and agree that, by using an Online Payment Service to make a payment, we, or an Online Payment Service provider, may charge you via your designated method of payment for any amounts that may accrue in connection with the placement of an order and purchase of products via the Store. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. If we feel it is necessary to carry out additional security checks, we will request proof of identification such as a driving licence or utility bill before accepting your order.
IndianMart is not affiliated with any of the Online Payment Services providers and has no control over, and assumes no responsibility for, the content, privacy policies or practices of the Online Payment Services. You may use the Online Payment Services at your own discretion and in compliance with the terms and policies of the respective Online Payment Service. The Online Payment Services are each an independent contractor and you will be subject to their relevant terms and conditions:
(i) PayPal’s user agreement is available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full;
(ii) WorldPay’s terms and conditions is available at http://www.worldpay.com/uk/terms-conditions.
You hereby agree to indemnify, and hold us harmless, from any liability, losses, damages, demands and claims that may arise or accrue as a result of your use of the Online Payment Service. You further agree to reimburse us for any costs and expenses incurred by us if we are required to commence any recovery action or proceedings against an Online Payment Service provider or if we are required to take any action as a result of you not having adequate funds in your account with your Online Payment Service.
We will deliver the products to you at the address provided under your Account, unless you provide us with the name and address of another person to whom you would like us to deliver the products. The products will be at our risk of loss and damage until the time of delivery to your physical possession or to the possession of the person identified by you to take possession of the products, at the designated location, in accordance with these Terms. At that point, ownership of the products and risk of loss and damage will pass to you, provided that full payment of all sums due in respect to the purchase of the products has been received by us. We will not be liable for any loss or destruction of products once delivered to you. None of these terms and conditions affects your statutory rights as a consumer.
IndianMart uses only trusted courier companies to deliver its products locally and globally. Notification of when your product has been dispatched will be emailed to you. The courier companies that are used to ship the products will vary depending on specifications of the particular order. To help avoid problems, please enter any additional delivery instructions for the courier in the box provided once you click the ‘Checkout’ button.
IndianMart reserves the right to choose the appropriate delivery service method. Once the parcel has been dispatched, the customer may contact the IndianMart team to find out the delivery service being used.
IndianMart also will not be responsible for any loss, damage or otherwise in relation to products that are perishable or temperature controlled products and which are not accepted at the delivery address on the first attempt.
There are two main types of delivery methods, namely ‘Standard Delivery’ and ‘Express Delivery’. You must select a delivery method and include a delivery address before completing your order and selecting ‘Checkout’ in order to see the final delivery costs. If you have selected the Standard Delivery method, and your order exceeds twenty (20) pounds, then your delivery will be free and at no additional charge.
Standard delivery orders for UK and worldwide that are of small/medium weight will usually be shipped via ROYAL MAIL forty-eight (48) delivery service. Express Deliveries belonging to the category of small weight will usually be shipped through ROYAL MAIL TRACKED twenty-four (24) delivery. Standard and Express orders for the UK and worldwide that are of medium/large weight may be shipped by IndianMart via other courier services that may include but are not limited to DHL, APC and Parcelforce. United Kingdom delivery options by Royal Mail include all UK postcodes in England, Wales, Northern Ireland, Scotland Mainland and the Highlands. Please be aware that Scottish Islands may be subject to additional delivery time. The estimated date of delivery will be displayed during the ‘Checkout’ process.
During the ‘Checkout’ process, you may request the parcel to be left in a safe place (specified by you) if no-one is available to accept the delivery at the destination and the parcel will not fit through your letterbox. In such an event, a card will be left indicating where the parcel is. The delivery man reserves the right to determine, in his/her sole and reasonable discretion, if the safe place selected is safe enough and he/she may elect to take it back to the depot/post office. The card will specify if the parcel will be re-delivered or advise from where it can be collected. Please be aware that these cards can often be misplaced. If no action is taken after eighteen (18) days, the parcel will be returned to us by Royal Mail. Whilst Royal Mail returns usually arrive back to us within one (1) to five (5) days, Royal Mail stipulate that only items still not delivered after fifteen (15) working days can be officially classified as lost. Please allow ten (10) working days after the expected arrival date of your order before contacting us.
Deliveries may require a signature in some circumstances. If a signature is required and cannot be obtained they will attempt to deliver the order and obtain a signature from an alternative address close to the delivery address. If successful, they will leave a card giving you the details of the address to which the order has been delivered. If no-one is available to accept the delivery either to the delivery address or a nearby address, the courier will attempt to deliver the parcel again the next working day.You can track your order online using the information included in your dispatch confirmation email. If no tracking information is provided in the confirmation email, you may contact us to retrieve this.
To report non-delivery of any Express Delivery order, you must notify us in writing within two (2) working days from the expected delivery date giving full details of the circumstances. Failure to notify us within the specified time may invalidate your claim.
It is your responsibility to comply with all applicable laws, rules and regulations of the country of destination of the products. We will not be liable for any breach of any applicable laws, rules or regulations, or consequential losses, due to prohibited orders and deliveries. In the event of such prohibition, we reserve the right to cancel the order and refund any amounts already paid by you for such order.
You may cancel your order and receive a refund for any reason through “My Account” on the Site, or by notifying us by email or by phone up to fourteen (14) days after you receive, or your selected designee receives, your products.
If your order has been dispatched, you will be required to return the order to us and you will be responsible for the cost of return. We suggest the use of a secure delivery method that requires a signature upon receipt and provides you with a proof of posting in order to receive a refund. You must notify us that you are returning the products to us.
The right to cancel and obtain refunds does not apply in the case of:
(i) perishable foods, such as fresh foods and drinks; and/or (ii) products that cannot be returned or resold for health and hygiene reasons due it being opened, unwrapped, unsealed or used.
In addition, IndianMart reserves the right to deduct a reasonable amount from the refund depending on the extent that you have diminished the value of that product as a result of your handling the product more than was necessary or unreasonably.
Upon receipt of the returned products a refund, including the basic delivery charge of delivering the goods to you via the Standard Delivery method, will be credited within fourteen (14) days of our receipt of the returned products to us or of proof of return. If you elected the Express Delivery method, we will refund to you an amount up to the cost of the Standard Delivery method. We will refund you using the same means of payment as you used for the purchase via the Store, unless you expressly request and/or agree otherwise.
You have a statutory duty to take reasonable care of products whilst held in your possession and until such time as returned products are received by us. Please ensure that any products being returned are packaged appropriately.
We take care to select and package your products to ensure they arrive in good condition. If your product arrives in poor condition or is defective in any way, please contact us directly and we will advise the returns procedure.
If, when they are supplied, the products do not meet the requirements specified (namely, are not of satisfactory quality, are not fit for purpose and do not materially match their description on the Store), or are defective in any way, there is a short period during which you are entitled to reject them. This short-term right to reject products lasts for thirty (30) days from the date of delivery, unless the expected life of the products is shorter, as with highly perishable products, and then the period for return is less. We would appreciate photographic proof of the defective product in order to improve our processes. You are responsible for ensuring the product is safely returned to us and we suggest that you use a secure delivery method that requires a signature upon receipt and provides you with a proof of posting. Please forward a copy of the receipt and we will be pleased to refund the cost of postage. Upon receiving photographs or receipt of the return of product that is defective or in poor condition, we will either: (i) issue a full refund of the order, including a refund of the delivery charges for sending the products to you and the cost incurred by you in returning the products to us; or (ii) send out a replacement. This does not affect your statutory rights.
For all other returns (except where the item is faulty or defective, as abovementioned), you will be required to arrange and fund the return of the products to us.
In order for us to deal with your return efficiently please enclose your full contact details and advise us whether you require a replacement, refund or an exchange. This does not affect your statutory rights. Return parcels should be addressed to: IndianMart, 9 Valley Road, Markfield, Leicestershire, LE67 9QS, United Kingdom.
Before signing to accept your delivery, we strongly recommend that you check your order as you will be signing to confirm that all the products are in good condition. If the products arrive damaged, you must notify us by email within an appropriate time giving complete details of the situation.
Please note: even if the loss or damage is noted on the delivery/consignment note or electronic device, you will still need to notify us and keep the products and the packaging available for inspection by the courier. Failure to notify us within the specified time may invalidate your claim to return the products and receive a refund.
Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
- You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein;
- You acknowledge that there may be risks in using the Service and/or relying solely on information available on or through the Service (or ignoring such information completely), and that IndianMart cannot and does not guarantee any specific outcomes from such use and/or reliance or ignorance, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, reliance and/or ignorance. Such risks may include, among others, inaccurate or incomplete representation or misrepresentation of information, goods or services, breach of warranty and/or contract, violation of rights and any consequent claims;
- You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder;
- If you connect to, access, register to or use the Service on behalf of any third party, entity, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, entity, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
- You will not rely on IndianMart or the Service in any way, as you fully understand that we do not provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any third party service, information or content that may be available to you on or in connection with the Services;
- You possess any and all consents required under any applicable laws, regarding the posting of any information of others to the Service (including personal information, if applicable), and shall adhere to any applicable laws regarding such information;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Service; and
- You will not infringe or violate any of the Terms.
There are certain conducts which are strictly prohibited on and/or with respect to the Service. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at IndianMart’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf:
- copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble the Service (or any part thereof), and/or permit others to do so;
- copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any User Generated Content (as defined below) and any other information, material and data available on the Service (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without IndianMart’s prior written consent;
- make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without IndianMart’s prior written consent;
- create a browser or border environment around the Service and/or Content, link, including in-line linking, to elements on the Service, such as images, posters and videos, and/or frame or mirror any part of the Service, unless as expressly permitted hereunder;
- interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about Users or visitors of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
- defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others;
- use, refer to and/or display the Service (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting illegal drugs, the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to IndianMart and/or the Service might be perceived as damaging to IndianMart’s reputation and goodwill or actually bring IndianMart into disrepute;
- transmit, distribute, display or otherwise make available through or in connection with the Service any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
- impersonate any person, entity, or another User of the Service or provide false information or misrepresent yourself on the Service, whether directly or indirectly;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that IndianMart or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Service;
- transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Service;
- use the Service for and/or in connection with any form of spam, unsolicited mail or similar conduct;
- create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service without the prior written consent of IndianMart;
- bypass any measures which may be used to prevent or restrict access to the Service and/or certain functionalities therein;
- transfer or assign your Account’s login credentials, even temporarily, to a third party;
- use the Content and/or the Service for any illegal, immoral or unauthorized purpose
- provide Content that is or may reasonably be believed to be illegal, fraudulent, or unauthorized or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- provide Content that does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations;
- infringe or violate any of these Terms.
The Service allows you to upload, post, publish and make available through it, your own Recipes and information such as text, images, photos, reviews, and any other communications and proprietary materials (the “User Generated Content”). The User Generated Content may be hosted, shared and/or published as part of the Service and may be visible to and accessed by other Users of the Service. We urge you to be aware and conscious of your privacy when deciding on the User Generated Content that you choose to upload. Please ensure that when you use the Service, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Service. IndianMart will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Service, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
You expressly agree that the User Generated Content that you post or upload will not include
(i) content or information that is confidential or that is not in the public domain;
(ii) any spam, unsolicited promotions, advertising, contests or raffles;
(iii) content which is, inter alia, unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar;
(iv) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
(v) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or
(vi) content that poses a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Generated Content do not constitute an exhaustive list.
Although IndianMart has no obligation to screen, edit or monitor any of the User Generated Content, IndianMart explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Service at your sole expense.
When you upload, post, publish or make available any User Generated Content on the Service, You grant to (i) IndianMart an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Service, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels or platforms known today and developed in the future; and (ii) each User of the Service a non-exclusive and royalty-free license to access your User Generated Content through the Service and to use such User Generated Content for personal and non-commercial purposes. IndianMart may publish and use any User Generated Content, without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. IndianMart shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right and other intellectual property right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement or interest to any and all moral rights or other intellectual property rights in any of the User Generated Content.
IndianMart takes no responsibility and assumes no liability for any User Generated Content upload, posted, published and made available by you or any third party in the service, or for any loss or damage thereto, nor is IndianMart liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
The Service (including the Site and Store), the User Generated Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, IndianMart’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to IndianMart, and are subject to copyright and other applicable intellectual property rights under the laws of England and Wales, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to IndianMart’s proprietary rights, including IndianMart’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
IndianMart hereby grants you, and you accept, for as long as IndianMart provides you with the Service, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, fully revocable, limited license to use the Store, the Site and Content, solely for the limited purpose of using the Service for your personal, non-commercial needs in accordance with the Terms.
“IndianMart” and all logos and other proprietary identifiers used by IndianMart in connection with the Service, (“IndianMart Trademarks”) are all trademarks and/or trade names of IndianMart, whether or not registered. IndianMart is a registered trademark in the United Kingdom. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to IndianMart Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to IndianMart Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of IndianMart and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of IndianMart marks and logos, whether registered or not.
We welcome and permit links to any page on our Service, so long as the link does not state or imply any connection or endorsement of you, your website and/or service by IndianMart, and does not portray IndianMart in a false manner or otherwise may be perceived as damaging to IndianMart’s reputation and goodwill or actually bring IndianMart into disrepute. We do not permit framing, deep linking or inline linking unless as explicitly permitted herein in order to use the Service.
The Service may be linked to through certain third party websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that IndianMart has no control over such Third Party Services, and further acknowledge and agree that IndianMart is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and IndianMart disclaims all liability related thereto. You acknowledge that IndianMart is not the author, owner or licensor of any Third Party Components, and that IndianMart makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, and IndianMart’s service providers and contractors. IndianMart does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
IndianMart reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Service may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. IndianMart reserves the right not to upload any Content you may make available to the Service. You agree that IndianMart shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service (or any part thereof).
INDIANMART WARRANTS TO YOU THAT THE PRODUCTS DELIVERED TO YOU ARE OF SATISFACTORY QUALITY, ARE FIT FOR THE PURPOSE FOR WHICH YOU PURCHASED THEM AND MATERIALLY MATCH THEIR DESCRIPTION ON THE STORE. EXCEPT AS EXPRESSLY STATED UNDER THESE TERMS AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, INDIANMART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE (OR ANY PART THEREOF).
EXCEPT AS EXPRESSLY STATED UNDER THESE TERMS AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE OR MERCHANTABILITY.
INDIANMART DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, INDIANMART, INCLUDING ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AND OTHER AFFILIATES (COLLECTIVELY, “INDIANMART AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE. WHILE WE WORK TO ENSURE THAT PRODUCT INFORMATION ON OUR SITE IS CORRECT, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITE. ALL INFORMATION ABOUT THE PRODUCTS ON OUR WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED ON OUR WEBSITE. WITHOUT DEROGATING FROM YOUR RIGHTS UNDER THESE TERMS, AND TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, WE WILL NOT BE RESPONSIBLE OR HELD LIABLE FOR ANY LOSS, DAMAGE, OR OTHERWISE SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THE PRODUCT INFORMATION AND INGREDIENTS LISTED ON THE SERVICE. PLEASE ALWAYS READ THE LABELS, WARNINGS, AND DIRECTIONS PROVIDED WITH THE PRODUCT BEFORE USING OR CONSUMING A PRODUCT.
IN THE EVENT OF ANY SAFETY CONCERNS OR FOR ANY OTHER INFORMATION ABOUT A PRODUCT PLEASE CAREFULLY READ ANY INSTRUCTIONS PROVIDED ON THE LABEL OR PACKAGING AND CONTACT THE MANUFACTURER. THE MEDICAL OR HEALTH-RELATED INFORMATION WHICH MAY BE AVAILABLE TO YOU THROUGH THE SERVICE IS BASED SOLELY ON INFORMATION PROVIDED TO US BY OTHER USERS AND/OR THIRD PARTIES. SUCH INFORMATION MAY THEREFORE BE INACCURATE OR CONTAIN ERRORS, AND INDIANMART IS NOT RESPONSIBLE IN ANY WAY FOR THE QUALITY, RELIABILITY, ACCURACY AND USABILITY OF SUCH INFORMATION. CONTENT ON THIS SITE IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY MEDICAL PRACTITIONER, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS ABOUT PRODUCTS ARE NOT INTENDED TO BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. INDIANMART ACCEPTS NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL INDIANMART AND/OR ANY OF THE INDIANMART AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER SUFFERED BY YOU OR ANY THIRD PARTY, RESULTING FROM OR ARISING OUT OF THE SERVICE, THE USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SERVICE, ANY INFORMATION OR CONTENT CONTAINED ON THE SERVICE, ANY OF YOUR OR THIRD PARTY INFORMATION, RECIPES OR USER GENERATED CONTENT TRANSMITTED VIA OUR SERVICE, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF INDIANMART TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF INDIANMART OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT INDIANMART’S LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR INDIANMART’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF INDIANMART AND/OR ANY INDIANMART AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL INDIANMART’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO INDIANMART FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO INDIANMART FOR THE USE OF THE SERVICE, THEN INDIANMART SHALL NOT HAVE ANY LIABILITY TOWARDS YOU. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A CONSUMER YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
You agree to defend, indemnify and hold harmless IndianMart and any IndianMart Affiliates from and against any and all claims, suits, causes of actions, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including reasonable attorney’s costs and fees) arising directly or indirectly from:
(i) your use of the Service (or any part thereof);
(ii) breach of any term of these Terms by you or anyone using your Account;
(iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service;
(iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service; and
(v) your violation of any applicable law or regulation.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between IndianMart and you.
- These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of England and Wales, without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in the United Kingdom.
- IndianMart shall not be liable or responsible for any breach of this Agreement as a result of an event or circumstance which IndianMart cannot reasonably control, which cannot be avoided, suspended or cured in spite of IndianMart’s efforts, and as a result of which IndianMart is unable to perform its obligations hereunder (“Force Majeure Event”). A Force Majeure Events, provided that they meet the criteria above, shall include, but shall not be limited to, war, armed hostilities, blockade or embargo, terrorist acts, fire, drought, explosion, storm, wind, flood, earthquake, or other natural calamities or adverse weather conditions or acts or omission by third party suppliers.
- IndianMart may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without IndianMart prior explicit and written consent will be null and void.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- These Terms constitute the entire terms and conditions between you and IndianMart relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between IndianMart and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of IndianMart in entering these Terms.
- The provisions of Section 4 will survive the termination or expiration of these Terms.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org.
By contacting us, you represent that you are free to do so and that you will not knowingly provide us with information that infringes upon third parties’ rights, including any intellectual property rights.