Terms and Conditions

Grubbery Organic Foods Pvt. Ltd.

Introduction

Please read the following Terms of Use (“Terms”) carefully before using this website www.grubberyorganicfoods.com.

These Terms govern your use of this website; by using this website, you accept these Terms in full.

If you disagree with these Terms or any part of these Terms, you must not use this website. By ordering any of our products, you agree to be bound by these terms & conditions.

Grubbery Organic Foods Pvt. Ltd. reserves the right to change this policy without prior notice. The policy will be updated on this website before it becomes effective.

This website uses cookies. By using this website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of Grubbery Organic Foods’ Privacy Policy.

License to Use Website

Unless otherwise stated, Grubbery Organic Foods and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the Agreement below, all these intellectual property rights are reserved.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Grubbery Organic Foods’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Grubbery Organic Foods’ sole and express written consent.

Restricted Access

Access to certain areas of this website may be restricted. Grubbery Organic Foods reserves the right to restrict access to other areas of this website, or indeed this entire website, at Grubbery Organic Foods’ sole discretion.

If Grubbery Organic Foods provides you with a user account and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Grubbery Organic Foods reserves the right to disable your user account in Grubbery Organic Foods’ sole discretion without notice or explanation.

User Content and Submission

In these Terms, “user submissions” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

Grubbery Organic Foods welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permits the submission of written works, photos, audio files, videos, or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing, and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to Grubbery Organic Foods or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Grubbery Organic Foods to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, Grubbery Organic Foods does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that Grubbery Organic Foods may publish your name and submissions on the Website, Grubbery Organic Foods managed social media, advertising, print material, or in any other press releases or media items.

In relation to your User Submission, you covenant, represent, and warrant that:

• You own or otherwise have the necessary licenses, rights, consents, and permissions to use and authorize Grubbery Organic Foods to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms & Conditions.

In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Grubbery Organic Foods all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to Grubbery Organic Foods or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

You agree and acknowledge that Grubbery Organic Foods does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Grubbery Organic Foods expressly disclaims any and all liability in connection with User Submissions. Furthermore, Grubbery Organic Foods does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Grubbery Organic Foods is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Grubbery Organic Foods reserves the right to remove content and User Submissions without any prior notice.

Payments

All products remain the property of Grubbery Organic Foods Pvt. Ltd. until full payment is made. The price applicable is that set on the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old, you must have a parent’s permission to buy from www.grubberyorganicfoods.com. Card information is transmitted securely through a third party. Grubbery Organic Foods Pvt. Ltd. shall have no role to play in case of any dispute related to payments/refunds. It is expected that the user shall contact the third-party payment gateway and/or the bank for any issues related to payment for products purchased through the Website. The collection and usage of payment-related information are governed by the policies of the payment gateway provider.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Grubbery Organic Foods makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Grubbery Organic Foods does not warrant that this website will be constantly available in full or in part, or available at all.

Nothing on this website is meant to constitute advice of any kind.

Limitations of Liability

Notwithstanding anything to the contrary, Grubbery Organic Foods Pvt. Ltd.’s aggregate liability for use of this website or in any other situation whatsoever shall be limited to a maximum of the sum paid by the user and the sum received by Grubbery Organic Foods Pvt. Ltd. for the concerned order. However, Grubbery Organic Foods Pvt. Ltd. shall not be responsible for any liability if such loss is caused due to negligence or other reasons attributable to the user/buyer. In no event shall Grubbery Organic Foods Pvt. Ltd. be liable for any indirect, special, consequential, or incidental damages regardless of whether Grubbery Organic Foods Pvt. Ltd. (a) has been informed of the possibility of such damages or (b) is negligent.

Governing Law and Jurisdiction

All disputes shall be dealt with as per Indian Law. The Courts at Kerala shall have exclusive jurisdiction.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Grubbery Organic Foods’ liability in respect of any:

• Death or personal injury caused by Grubbery Organic Foods’ negligence;
• Fraud or fraudulent misrepresentation on the part of Grubbery Organic Foods; or
• Matter which it would be illegal or unlawful for Grubbery Organic Foods to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness of Terms

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Grubbery Organic Foods has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Grubbery Organic Foods’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Grubbery Organic Foods’ officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Grubbery Organic Foods.

Indemnity

You agree to indemnify, defend, and hold harmless Grubbery Organic Foods, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising in connection with:

1. Your use of and access to the Website;
2. Your violation of any term of these Terms & Conditions;
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
4. Any claim that one of your User Submissions caused damage to a third party;
5. Use of the User Submissions by Grubbery Organic Foods.

Breaches of Terms

Without prejudice to Grubbery Organic Foods’ other rights under these Terms, if you breach these Terms in any way, Grubbery Organic Foods may take such action as Grubbery Organic Foods deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Changes to Terms

Grubbery Organic Foods may revise these Terms from time to time. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Grubbery Organic Foods may transfer, sub-contract, or otherwise deal with Grubbery Organic Foods’ rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Grubbery Organic Foods in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

No Waiver

No waiver by Grubbery Organic Foods of any breach of these Terms will be considered a waiver of any subsequent breach of the same or any other provision.

Third-Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act to enforce any term of these Terms.

Force Majeure

Grubbery Organic Foods will not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond its reasonable control, including but not limited to, acts of God, war, riot, labor disputes, strikes, fire, flood, or government actions.

Notices

All notices, requests, demands, and other communications under these Terms must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next-day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Contact Information

For any questions about these Terms and Conditions, please contact us at:

Grubbery Organic Foods Pvt. Ltd.
info@grubberyorganicfoods.com
www.grubberyorganicfoods.com
43/113, Bharath Nagar Rd, Kodungallur, Kerala-680664
+91 89 21 48 47 36