sprightlyfood.com Web Site and Application Terms and Conditions of Use
The following terms and conditions (the “Terms and Conditions”) govern your use of this web site or application, and any content made available from or through this web site, including any sub-domains thereof, or application (the “Web Site”). The Web Site is made available by Gen Next Foods & Hospitality Pvt Ltd. (“GNFHPL.” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
1. Medical Advice Disclaimer.
The content of the Web Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. None of GNFHPL; or its content or service providers recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Web Site. Reliance on any information appearing on the Web Site, whether provided by GNFHPL, its content providers, visitors to the Web Site or others, is solely at your own risk.
2. Proprietary Rights.
As between you and GNFHPL., GNFHPL owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
3. Limited License.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
4. Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of GNFHPL or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of INDIA, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of GNFHPL. and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by GNFHPL that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of GNFHPL or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.
6. User Information.
In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
8. Right to Monitor and Editorial Control.
9. Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
10. Linking to the Web Site.
You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold GNFHPL and GNFHPL’s and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. GNFHPL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GNFHPL’s defense of such claim.
12. Orders for Products and Services.
We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to GNFHPL. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
13. DISCLAIMER OF WARRANTIES.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GNFHPL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. GNFHPL NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED GNFHPL. EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, GNFHPL AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH GNFHPL OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY GNFHPL “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND GNFHPL OR ITS LICENSOR OR SUPPLIER.
14. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GNFHPL, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GNFHPL FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
15. Applicable Laws.
We control and operate the Web Site from our office/s in the INDIA. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
GNHPL may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. GNFHPL may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. GNFHPL maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
GNFHPL reserves the right, at its sole discretion, to change, modifies, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of MUMBAI, INDIA, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of MUMBAI, MAHARASHTRA, INDIA. You agree to submit to the personal and exclusive jurisdiction of the courts located within MUMBAI in the State of MAHARASHTRA, INDIA. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
The Information We Collect
Through GNFHPL publications, websites, and other media, you can order publications and products; engage in various activities like entering contests or sweepstakes, playing games, taking quizzes, voting in polls or otherwise expressing an opinion; subscribe to one of our services, such as newsletters; or participate in one of our online forums or communities. Your personally identifiable information may be required to engage in these activities as well as to receive products and services that you may have requested. The types of personally identifiable information that may be collected at these pages and elsewhere include but are not limited to: name, address, gender, e-mail address, and telephone number, fax number and credit or debit card information.
We may also collect information about your personal or professional interests and use of or opinions about various products, programs and services. For instance, we may ask you to identify your job or industry to qualify you for free Sprightly Blog/ News Letters and Magazines.
At some, GNFHPL sites and through certain promotions, you can submit information about other people. For example, you might submit a person’s name, mailing and/or e-mail address to send a gift or electronic greeting card. The types of personally identifiable information that may be collected about other people at these pages include: recipient’s name, address, e-mail address and telephone number.
We may also collect certain non-personally identifiable information when you visit our web pages or use our applications, such as the type of browser and operating system you are using, your IP address, your device identifiers, your Internet or wireless service provider, and location-based information.
How We Use the Information
We may use the information you provide about yourself or others to fulfill requests for our publications, products or services, to respond to inquiries about offerings and to offer other products, programs or services that may be of interest.
We may combine information we receive with outside records and share such information with third parties for use on our behalf to enhance our ability to market to you those products or services that may be of interest to you.
We may disclose personally identifiable information that we receive from you and from third party sources to third parties whose practices are not covered by this privacy statement (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you.
When you request a news letter, magazine, service, or other product, we will forward the information you give us to the publisher or provider to the extent necessary to fulfill your request. They may contact you with special offers of possible interest.
We sometimes may use this information to communicate with you, such as to notify you when you have won one of our contests or participation in our sponsored event etc, when we make changes to subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account.
If you choose to submit content (e.g., a “letter to our editors” or an online review), we may publish your name, screen name and other information you have provided to us. You hereby consent to this.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our websites and publications, and to enable us to customize your Internet experience. We also may use this information to analyze site usage, as well as to offer you products, programs, or services.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Please note that if GNFHPL or any of its subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved, including through merger of, consolidation, sale or divestiture of assets, the relevant customer database, including personally identifiable information we may possess about you, may, in whole or in part, be sold, disposed of, transferred, divested, or otherwise disclosed as part of that transaction or proceeding.
If you prefer not to receive traditional mail or other off-line promotions from this or any other GNFHPL property, or if you want to opt-out of any sharing of your personally identifiable offline information with third parties not owned by GNFHPL please click here.
If you prefer not to receive e-mail marketing from this or any other GNFHPL property, or if you want to opt-out of any sharing of your email address with third parties not owned by GNFHPL, please click here.
GNFHPL sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
Retention of Personal Information
We will retain your personal information while you have an account with us and thereafter for as long as we need it for purposes not prohibited by applicable laws. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. Your rights to request that we delete your personal information are set forth in the “Accessing, Correcting, and Deleting Your Personal Information” section above.
Refund, return and Cancellation Policy
Cancellation can be requested within 48 hours of the order placed. Refund will be done through online mode in 5-7 working days. Return can be requested within 24 hours of the order received.
Shipping and Delivery
Product will be shipped within 48 hours of the order placed and will be delivered within 5-8 working days.
(3) Social Media Terms and Conditions for sprightlyfood.com
Thank you for reading! Social media platforms are public. If you respond to our brand’s questions/posts or otherwise post content on or via our official brand “presence” on social media platforms, we may use or republish your posted text, photo, video, or other materials (collectively “content”) as outlined below :
By posting or otherwise making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, collectively “Social Media Platforms”) you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions :
You irrevocably grant us, and our parent company, affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes.
We will try to credit you as the author/source of the Content by referring to your Social Media Platform handle or identifier. (By posting, you agree that we may identify you as the author/source of the Content.) However, we might use any suggestions, developments, and/or other material offered to us via your posted Content without any attribution or compensation to you.
By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy. Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner.
Best Practices that will prevent us from deleting and otherwise blocking you :
• Don’t post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person. Don’t post any Content that you don’t have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship.
• You represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
You agree to hold sprightlyfood.com (sometimes referred to herein as “us” or “our”) and our parent company, affiliates, agents and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees’ from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms.
These terms shall be governed by and construed in accordance with the laws of the Mumbai jurisdiction, State of Maharashtra, India, without giving effect to principles of conflict of laws. In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider.
COPYRIGHT AND TRADEMARKS
“Sprightly,” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by the GNFHPL, its promoters or its licensors. Our web site and our e-bulletins contain information, recipes, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the India’s copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. By posting on our Site via the Community Discussions you agree that we may use your posts (including text, recipes, photos, video and all forms of content) at no charge and without notification.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. And by uploading Content not created by you, you represent that you have such permission. Any other use of the Content on this web site and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
If you upload any Content created by you to the web site, then by uploading such Content you grant to sprightlyfood.com a perpetual, royalty-free, irrevocable worldwide license to display, publish, reproduce, perform, distribute, make derivative works of and otherwise use such Content in any medium now known or invented in the future.
Certain products or Services may be offered for sale on sprightlyfood.com. In the event you wish to purchase or to subscribe to any of these products or Services, you will be asked by sprightlyfood.com or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide sprightlyfood.com or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
YOUR CONDUCT ON OUR WEB SITE
Any conduct by you on our web site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our web site will not be permitted. You agree to use our web site only for lawful purposes. You are prohibited from posting on or transmitting through our web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another’s faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our web Site to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services. You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of sprightlyfood.com, will be removed from the Community boards.
You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, PAN numbers, Aadhar Card no; account numbers, addresses or employer references or chain letters of any kind.
The ability of users of the web site to post messages and materials is intended to allow for a community dialogue. You may not post commercial messages, advertisements or links to products or services that you sell or from which you receive financial remuneration. If you desire to place advertisements on the Website, please contact Us to discuss methods by which You may participate in our advertising program.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our web site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our web site, without prior notice.
SPRIGHTLYFOOD.COM DOES NOT REVIEW THE CONTENT POSTED BY VISITORS TO THE WEB SITE AND IS NOT RESPONSIBLE FOR THE CONTENT IN ANY WAY. YOU USE THE WEB SITE AND ITS CONTENT AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED FOR YOUR USE ON AN “AS IS,” “AS AVAILABLE” BASIS. WE, ALONG WITH OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEB SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS, SERVICES OR INFORMATION OFFERED OR SOLD ON OR THROUGH OUR WEB SITE OR ANY OTHER WEB SITE TO WHICH OUR WEB SITE LINKS AND THE UNINTERRUPTED OR ERROR-FREE USE OF OUR WEB SITE. WE EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, TIMELINESS, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.YOUR USE OF THIS WEBSITE AND ANY SITE LINKED TO OUR WEB SITE IS EXPRESSLY AT YOUR OWN RISK.
FURTHER, WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON OTHER WEB SITES THAT CONTAIN LINKS TO OR FROM OUR WEB SITE. BECAUSE SOME WEBSITES EMPLOY AUTOMATED SEARCH RESULTS OR OTHERWISE LINK YOU TO WEB SITES CONTAINING INFORMATION THAT MAY BE DEEMED INAPPROPRIATE OR OFFENSIVE, WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY WEB SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.
PRICE AND AVAILABILITY INFORMATION ON OUR WEB SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF OUR WEB SITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEB SITE. (II) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF OUR WEB SITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OUR WEB SITE (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEB SITE, OR (VI) ANY OTHER MATTER RELATING TO OUR WEB SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEB SITE.
NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEB SITE.
APPLICABLE LAW; JURISDICTION AND VENUE
We control our web site from our offices within INDIA. We make no representation that the Content on our web site is appropriate, legal or available for use in other locations. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of INDIAN export laws and regulations. Any claim relating to our web site, the services provided through our web site or the Content shall be governed by the internal laws of the Mumbai, state of Maharashtra, India, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Mumbai, Maharashtra, India.
We may modify these terms at any time. Your continued use of the web site constitutes your acceptance of the modified terms. You should review these terms regularly to determine whether they have been modified.