AGREEMENT BETWEEN USER AND ALOFRUT.COM
The website AloFrut is comprised of various Websites and Web pages. The AloFrut Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AloFrut Website constitutes your agreement to all such terms, conditions, and notices. Additionally, the AloFrut Web Site may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within AloFrut website, then these terms shall be applicable
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY
BEFORE USING THIS WEB SITE
By using the Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
MODIFICATION OF THESE TERMS OF USE
AloFrut reserves the right to change the terms, conditions, and notices under which the AloFrut Web Site is offered, including but not limited to the charges associated with the use of the AloFrut Web Site. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the AloFrut Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the AloFrut Website.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with AloFrut or to purchase AloFrut products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of AloFrut is strictly prohibited.
Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violates the rights of any party or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
All information, products and content available on the website including the aesthetics of the website, trademarks, logo, images, graphics, icons, data and software (collectively known as “Contents”), are solely the property of Alofrut and our Affiliates and is protected by laws of India, including laws governing all applicable forms of intellectual property. Neither the content nor any portion of this website may be sold, reproduced, published, accessed, modified, or otherwise exploited, in whole or in part, for any purpose, without our express, prior written consent.
TERM, TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by AloFrut without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
USER PARTICIPATION
AloFrut does not and cannot review all communications and materials posted to or created by users accessing the Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, AloFrut is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, AloFrut reserves the right to block or remove communications or materials that it determines to be:
- abusive, defamatory, or obscene
- fraudulent, deceptive, or misleading
- in violation of a copyright, trademark or; other intellectual property right of another or
- violates any law or regulation or
- offensive or otherwise unacceptable to AloFrut at its sole discretion
However, we do not control or endorse any user content and transmitted or posted on the Alofrut website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others
Note that any personally identifiable information you may post or transmit will be treated by Axiom Ayurveda Private Limited in accordance with AloFrut’s Privacy Statement.
USER SUBMISSIONS
Except for any personally identifiable information that we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Submissions””) will be considered non-confidential and non-proprietary. By posting or transmitting any Submission, you hereby grant Axiom and its designees, the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission . and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
USER CHAT ROOMS
AloFrut may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Submissions or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. AloFrut, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with AloFrut, it has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AloFrut. AloFrut has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you may access them solely at your own risk. Links do not imply that AloFrut sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, AloFrut seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
DISCLAIMER
AloFrut makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
AloFrut does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
Any material/ contents downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. Although we take full precaution and care against viruses in the Content present or sent through the website but AloFrut and / or its associates and affiliates do not warrant that this site, its servers, or any mail sent from us will not have viruses or harmful components. If any damage is caused to your computer system and any losses accrue it will not be our responsibility. You will be solely responsible for any damage to your computer system or loss of data or any other harm that results from the usage of any such material.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AXIOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AXIOM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AXIOM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ALOFRUT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF AXIOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CONSENT TO RECEIVE NOTICES
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically, by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AXIOM, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
ARBITRATION
By using this Site, you agree that AloFrut, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration as per the Arbitration and Conciliation Act and Rules made there under. The venue of Arbitrations shall be at Delhi and the courts at Delhi alone shall have the jurisdiction to decide upon disputes, arising if any.
GENERAL
AloFrut may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding upon you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.