Website Usage Terms and Conditions

 

1. Introduction

FoodTechBiz (OPC) Private Limited, a company incorporated under the Companies Act, 2013 as amended or notified from time to time and having its registered office at O-1003, Ajnara Daffodils, Sector 137, Noida Gautam Buddha Nagar Uttar Pradesh-201305-India (hereinafter referred as the “Company”).The Company is the owner of the website www.foodtechbiz.com (hereinafter referred as the “Website”).

For governing the use of the Website, by users / visitors of the websites or any other person who visit the Website with or without any purpose, the Company has set forth these Terms and Conditions (these “Terms” or these “Website Terms and Conditions”). These Terms shall apply in full force and effect to your use of the Website and by using this Website, you expressly accept these Terms in full and you agree to legally binding yourself by these Website Terms and Conditions. You must not use this Website, if you have any objection or you differ to any of these Terms.

The Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

The terms “We/ we”, “us” or “Our/ our” shall refer to the Company. The terms “you”, “your”, “User” or “visitor” or “customer” shall refer to any individual or entity who accepts these Terms or uses the Website or avails any of the Services, if any, being provided by the Website at present or in future.

(For the purpose of these Terms the term Services shall mean and include the services provided by the Company through the Website from time to time. Nothing in these Terms shall be deemed to confer any third-party rights or benefits)

2. Terms and Conditions and Acceptance

You are required to read these Terms carefully. By accessing and using the Website you confirm that you have read, understood, and bound yourself by these Terms. The acceptance of these Terms by you will be between You and the Company which is facilitating provision of the Services.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any Services that are provided by the Website and all associated web pages/ sites, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.

In terms of the applicable provisions of Information Technology Act, 2000 (as amended from time to time) and the rules framed thereunder, this document is an electronic record. By accessing the Website and availing the for facilities / Services on the Website, you agree to be bound by these Terms and the Privacy Policy (“Privacy Policy”), as posted on the Website.

3. Modification of Agreement, Site or Services

The Company, in its sole discretion, reserves the right to change, modify, amend or substitute these Terms, and any policies, agreements or terms which are incorporated herein, at any time, and such changes, modifications or amendments shall be effective immediately upon being posted on the Website. Your use of the Website or the Services after such changes or modifications or amendments have been made shall constitute your acceptance of these Terms as last revised. If you do not agree to be bound by these Terms is as last revised, do not use (or continue to use) the Website or the Services. In addition, the Company may occasionally notify you of changes, modifications or amendments to these Terms by email or any other mode of communication as the Company deems appropriate. Therefore, it is of utmost importance that you keep your account information or communication details updated with the Company.

 

The Company shall not assume any liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate, false, or non-functional email address. Further, the Company reserves the right to terminate your use of Services for any violation or breach of any of the provisions of these Terms.

  1. Changes to the Terms

 

You agree that these Terms may be subject to change/modification or amendments for such reason as it may deem fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors, or ambiguities, reflect changes in the process flow, scope and nature of the services, company reorganisation, market practice or customer requirements. Upon any change, the updated Terms will be updated on the Website. Your continued use of the Services on the Website constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. You can review the most current version of the Terms at any time, by clicking the Terms & Conditions link on the Website. 

If you do not agree with any of these Terms, you may not use this Website.  

 

  1. No Advisory of any kind

 

You agree and acknowledge that the facilities, information, or the Services provided via the Website are not intended to provide any legal, tax or financial or business-related advice or advice of any other kind or endorsement of any product, process or services advertised or displayed on the Website. You agree and understand that the Website is not and shall never be construed as a business planner, advisory related to food and food product or food and beverages sector. The Company shall not be liable for any losses or damages incurred by you if you take any business decision, of whatsoever nature, based on the information provided by the Website.

  1. Intellectual Property Rights

 

You agree and acknowledge that the Website contains information, materials, including text, images, graphics, videos, and sound (“Material”), and the intellectual property rights and related interest in the Material is either licensed to the Company or owned by the Company at all the times under the applicable laws. Other than those Material which belong to third parties ( if any) , the  Company retains copyright and other appropriate licenses , if required, on all information, including text, graphics, data, information contained in the articles published on the Website  and sound and all trademarks including but not limited to third party trademarks, logos and emblems and other intellectual properties displayed on the Website are either owned by or licensed to the Company and/or used under license by the Company. However, the Company does not claim any intellectual property rights in the product or services related to any client, of the Company, whose product or services are displayed on the Website.

 

You expressly agree that you shall not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Material contained in / on the Website. These restrictions apply in relation to all or part of the Material on the Website; (b) copy and distribute this information on any other server or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or website, whether in hard copy or electronic format, including postings to any other website; (c) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the website; link to this Website; without our express written consent. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. The Users shall be solely responsible to indemnify the Company against all losses and damages incurred to the Company if the Users shares, on any social media platform the information displayed on the Website, the information in a manner that sharing of such information may incur loss to the party whose information is/was displayed on the Website and subsequently incurring a loss, of whatsoever nature, to the Company.

 

Any third-party trademark or any other third-party intellectual property(ies), which the Company may not own or may not be licensed to the Company, is used or displayed on the Website is for the sole purpose of creating awareness in the public at large or to educate the public at large about such product and services to which such third-party trademarks or any other third party intellectual property(ies) rights are associated with.

 

  1. Restrictions

 

You are expressly and emphatically restricted from all of the following:

 

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to the Website by any means including but not limited increasing the data traffic flow on the website or by any other means which may slow or alter the functioning of the Website or crashes the Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing;

Certain areas of the Website are restricted from access by you and the Company may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

  1. No Warranty

 

Although all efforts are made to ensure that information and content provided as part of the Website is correct at the time of inclusion on the Website, however there is no guarantee to the accuracy of the information. The Website makes no representations or warranties as to the fairness, completeness, or accuracy of information. There is no commitment to update or correct any information that appears on the Internet or on the Website. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of the Website or the information is at your sole risk and cost. Neither the Company nor any of its affiliates or their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Website or the information, or any website linked to the Website.

  1. No Liability

 

You agree and acknowledge that the Website is provided to you on an "AS IS" and "WHERE-IS" basis, without any warranty. The Company, for itself and any third-party providing information, Materials (defined later), facilities, or content to the Website, makes no representations or warranties, either express, implied, statutory, or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the website, the information or any products or facilities to which the information refers. The Company shall not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Website, including but not limited to, your use of the Website or your inability to use the Website for whatsoever reason, even if the Company has previously been advised of the possibility of such damages. Any access to information hosted on third party websites of  billers/banks/merchants/ etc. is not intended and shall not be treated as an offer to sell or the solicitation of an offer to buy any product/offering of such companies or third parties.

 

The Company assumes no liability in connection with the information and Material posted on this Website including any liability for damage to your computer hardware, data, information, materials, or business resulting from the information and/or Material or the lack of information and/or Material available on the Website. In no event shall the Company be liable for any for any special, incidental, consequential, exemplary, or punitive damages for any loss, arising out of or in connection with (a) the use, misuse or the inability to use the Website; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the site; or (d) any other matter whatever nature relating to the Website.

  1. Manner of Use of Personal Information

 

All Personal Information including Sensitive Personal Information (as defined under the relevant provisions of Information Technology Act, 2000 as amended from time to time and the rules framed there under) provided/related to you, shall be stored/used/processed/transmitted expressly for the purpose or Services indicated thereon at the time of collection and in accordance with the Privacy Policy. Other than those otherwise indicated and agreed by You, the Website do not collect or store or share your Personal Information.

  1. Third Party Websites

 

The Website may be linked to other websites (including those of the Company’s) on the World Wide Web that are not under the control of or maintained by the Company. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products/Services that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products/Services available through any of these websites are suitable for your purpose and use. The Company is not responsible for the owners or operators of third party websites or for any goods or facilities or services supplied by such third -party websites or for the content of such third -party  websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website to which this website includes a link infringing any intellectual property rights of any third party).

 

  1. Use of APP

 

In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any Application (“App”) related to the Company, the additional terms and conditions governing the Use of App shall be applicable and to be read along with these Terms.

  1. Promotional Offers

 

You agree that at times you may receive, announcement about offers and new product or Services details with intent to promote the Website and/or facilities/products/ Services of the Company (“Promotional Offers”). Such Promotional Offers would always be governed by these Terms in addition to new or additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms, to the extent they may be in conflict with these Terms. The Website, in its sole and absolute discretion, reserves the right to withdraw, discontinue, modify, extend, and suspend the Promotional Offer and the terms governing such Promotional Offer.

 

You can opt out of receiving our marketing emails or Promotional Offer. To stop receiving our promotional emails, please email us at subscription@foodtechbiz.com. It may take about 10 (ten) to 15 (fifteen) working days to process your request. Even if You opt out of getting marketing e-mails or messages or Promotional Offer, the Company will still be sending you transactional messages through email and short message service (SMS) about your registration for any event or seminars.

  1. Charges for use of Website

 

The Company does not charges or levies fees to be paid by you for use of the Website. You shall liable and responsible to pay the Company, as per the payment terms and conditions of the Company, in case you intend to have access to full article or information displayed on the Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

 

  1. Assignment

 

You shall not assign your rights and obligations under these Website Terms and Conditions to any other party. The Website may assign or delegate its rights and/or obligations under these Terms to any other party in future, directly or indirectly, or to an affiliated or group company as the case may be without any notice to you.

 

 

 

  1. Legal Disclaimer

 

The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects, or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law, and regulations in force at the date hereof.

 

The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been considered. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences, and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe the Company or any of its employees/authorized representative as having been in any way involved in your decision-making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

 

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment, or formulation, in conflict with any patent, or otherwise Company makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. information on this Website sourced from any experts or third-party service providers, which may also include reference to any Company’s Affiliate (if any). The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any product or services for any reason whatsoever. Nothing on the Website or information contained therein is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. You are therefore advised to obtain your own applicable legal, accounting, tax, business or other professional advice or facilities before taking or considering or taking any type of decisions including but not limited to business decisions or buying or selling of any product, whether present/displayed or not present/displayed on the Website.

  1. Force Majeure

 

The Company and/or  any of its third party service providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, natural forces, or any event or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  1. Indemnification

 

You agree to protect and fully compensate the Company, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the facilities/ product or Services, your violation of these Terms including Privacy Policy or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

 

  1. No Waiver

 

The Company or any of its third-party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder unless such waiver is in writing. No delay or omission on the part of the Company or its service provider, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

  1. Exclusivity

 

You agree that these Terms are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Company and its third-party service providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, shall prevail over any subsequent oral communications between you and the Website.

 

  1. Termination

 

The Company, in its sole and absolute discretion, reserves the right to terminate the Terms or amend any of the provisions of these Terms without any notification to you. Upon such termination You will not be able to use the facilities or the Services of this Website. 

 

  1. Governing Law and Jurisdiction.

 

The Website specifically prohibits you from usage of any of its facilities or the Services, as the case may be, in any countries or jurisdictions that do not corroborate to all stipulations of these Term. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Gautam Buddha Nagar—Uttar Pradesh.

 

These Terms shall be governed by and to be interpreted in accordance with laws of Republic of India. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the competent courts of Gautam Buddha Nagar—Uttar Pradesh- India for the resolution of all such disputes.

 

 

 

FoodTechBiz.com
www.foodtechbiz.com