Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 that require publishing of privacy policy and terms of use for access or usage of www.amys.in or any of its technical modification such as mobile website, application etc. (hereinafter collectively referred to as the “Website”).
1. DEFINITIONS
For the purposes of this Terms of Use, the following words shall have the following meanings:
1.1. “Acceptance” shall mean any act on the part of user which reflects use of the Website or any other actions that implies the user’s acceptance.
1.2. “Personal information” means any information that relates to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with the Company and is capable of identifying such person.
1.3. “Permitted Use” shall mean any functions, facilities, information, promotions or other services through this Website relating to Company’s products and services for transmission of general news and information.
1.4. “Privacy Policy” shall mean such policy as displayed on the Website and can be accessed at http://www.amys.in/privacy-policy.
2. INTRODUCTION
Amy’s Kitchen, Inc., a company incorporated under the laws of California having its office at 1650 Corporate Circle, Suite 200, Petaluma, CA 94954 (“Company”) owns and operates the Website. Your use of the Website and its related tools including Permitted Use are governed by the terms and conditions as contained herein (hereinafter the “Terms of Use”) and the Privacy Policy, which constitute a legal and binding agreement between you and the Company.
For the purpose of this Terms of Use, wherever the context so requires “you”, “your”, “yourself” or “user” shall mean any natural or legal person who (i) accesses the Website; (ii) accesses the Website and has agreed to provide the Registration Data (as defined below); and/or (iii) accesses the Website as a registered user and uses the Website for Permitted Use. The term ‘we’, ‘us’, ‘our’, “Company” shall mean Amy’s Kitchen, Inc., and includes its associates, affiliates and subsidiary (ies).
The use of the Website is offered to you conditioned on your Acceptance of all the terms, conditions and notices contained in this Terms of Use. Any Personal Information that you may provide to us while registering on the Website will be received by us and handled in the manner as elaborated in the Privacy Policy displayed on the Website and will be stored by us on our servers. Upon Acceptance, this Terms of Use shall be effective and binding upon you along with any amendments made by the Company in its sole discretion and posted on the Website and you shall not claim invalidity of this Terms of Use merely on the grounds that this Terms of Use are being concluded electronically. Further, when you access the Website for the Permitted Use, including giving customer comments and feedbacks, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such Permitted Use of the Website, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as an integral part of this Terms of Use. You hereby further agree that this Terms of Use are being concluded and executed in India.
3. AMENDMENTS
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of this Terms of Use, at any time. It is your responsibility to keep yourself updated and to check the Terms of Use periodically for any new changes or modifications. You can access the latest version of this Terms of Use at any given time on the Website. Your continued use of the Website following the posting of changes shall mean that you accept and agree to the changes and modifications so made and that you shall abide by the Terms of Use as may be applicable from time to time. As long as you comply with this Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and access the Website for the Permitted Use.
By accepting this Terms of Use, you also accept and agree to be bound by the terms and conditions and policies as posted on the Website from time to time including without limitation, the Privacy Policy.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT/ACCEPTANCE TO ALL THE TERMS AND CONDITIONS IN THIS TERMS OF USE, SO PLEASE READ THIS TERMS OF USE CAREFULLY BEFORE PROCEEDING.
4. ELIGIBILITY
Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the Website unless represented by a person capable of entering into a contract. As a minor if you wish to use the Website, such use may be made by your legal guardian or parents. The Company reserves the right to block the usage of the Website and refuse to provide you with access to the Website if a situation contrary to aforementioned is discovered.
5. REGISTRATION OBLIGATIONS
If you use the Website and provide your Registration Data you shall also be responsible for all activities that occur under your account. You agree, inter alia, to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form while registering (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; and (iii) immediately notify us of any unauthorized use of your Registration Data or any other breach of security. You further agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access and refuse to provide you with access to the Website. The Company shall not be liable for any loss or damage arising from your failure to comply with this Clause 5.
6. ELECTRONIC EXECUTION AND COMMUNICATIONS
When you use the Website or post comments or feedbacks or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by such other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
7. USE OF WEBSITE
You further agree, undertake and confirm that you shall access the Website for Permitted Use only and such access and use of the Website by you shall be strictly governed by the following binding principles:
7.1. You understand and agree that the Website is merely a platform for its users and persons accessing the Website and shall only be accessed for the Permitted Use.
7.2. You agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information on or through the Website that:
a. belongs to another person and/or to which you do not have any right; or
b. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
c. is misleading in any way; or
d. is patently offensive such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
e. harasses or advocates harassment of another person; or
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or
h. infringes upon or violates any third party’s rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity); or
i. promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
k. provides material that exploits people in a sexual, violent or otherwise inappropriate or illegal manner or solicits personal information from anyone; or
l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
m. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
n. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to accounts, blogs, feedbacks, account information, or other areas of the Website or solicits passwords or Personal Information for commercial or unlawful purposes from other users; or
o. interferes with another user’s use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or
p. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other websites, or contains content that is prohibited or violates the letter or spirit of this Terms of Use; or
q. harm minors in any way; or
r. violates any law for the time being in force in India; or
s. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is offensive or menacing in nature; or
t. impersonate another person; or
u. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any software or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or Personal Information; or
v. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
7.3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
7.4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, computer, network on the Website, by hacking, password “mining” or any other illegitimate means.
7.5. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other user, including any account not owned by you, to its source, or exploit the Website or any information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to Personal Information, other than your own information, as provided for by the Website.
7.6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.
7.7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or interfere with any other person’s use of the Website.
7.8. Solely to enable us to use the information provided by you, so that our use of your information does not violate any of your rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, database rights or any other rights you have in your information including Personal Information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with this Terms of Use and our Privacy Policy displayed on the Website.
7.9. You understand that we have the right at all times to disclose any information (including the Personal Information) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order, warrant or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with any investigation and/or resolution of possible crimes, including but not limited to those that may involve personal injury. The Company reserves the right, but has no obligation, to monitor the materials/comments/feedbacks posted on the Website. The Company shall have the right to remove or edit any content that it believes, in its sole discretion, violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. Please be advised that such content posted does not necessarily reflect the views of the Company. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You expressly agree and acknowledge that the use of the Website is at your sole risk and liability.
7.10. It is possible that some users of the Website (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any Personal Information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share on the Website.
8. CONTENTS POSTED ON SITE
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
You may use information on the Website purposely made available by us for downloading from the Website, provided that you:
a. do not remove any proprietary notice language in all copies of such documents; or
b. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
c. make no modifications to any such information; or
d. shall not make any additional representations or warranties relating to such documents or information.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to or on the Website. Such content will become the property of the Company and you grant us the unlimited worldwide, perpetual and transferable rights in such contents. We shall be entitled, consistent with our Privacy Policy, to use such contents or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include contents you provide. You agree that any such content you post may be used by the Company, consistent with our Privacy Policy and rules of conduct as displayed on the Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.
9. PRIVACY
We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your Personal Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules framed there under. Our current Privacy Policy is available at http://www.amys.in/privacy-policy. If you object to your information being transferred or used in the way as provided in the Privacy Policy, please do not use our Website.
Your Consent: By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by the Company in accordance with our Privacy Policy as displayed on the Website. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.
10. DISCLAIMER OF WARRANTIES AND LIABILITY
You acknowledge and undertake that you are accessing the Website for Permitted Use at your own risk and are using your best and prudent judgment before accessing the Website.
This Website, all the materials and products (including but not limited to software) included on or otherwise made available to you are on “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
a. This Website will be constantly available for Permitted Use, or available at all or the Website will meet your requirements or your use of the Website or the Permitted Use will be uninterrupted, timely, secure or error-free.
b. The results that may be obtained from the use of the Website will be effective, accurate or reliable.
c. We will be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.
d. This Website, information, content, materials, products (including software) included on or otherwise made available to you through the Website, our servers or any electronic communication sent from the Website are free of viruses or other harmful components.
11. BREACH
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block access to the Website in the event, but not limited to:
a. If you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website;
b. If we are unable to verify or authenticate any information you provide; or
c. If it is believed that your actions may cause legal liability for us, you, or other users. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed on the Website, we reserve the right to recover any amounts due and owing by you to us or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
You also agree that any breach by you of this Terms of Use, Privacy Policy or any other rules or policy as displayed on the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies we may have at law or in equity.
If we initiate any legal action against you as a result of your violation of this Terms of Use, Privacy Policy or any other rules or policy as displayed on the Website, we shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.
12. INDEMNITY
You shall indemnify and hold harmless the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (collectively, “indemnified parties”), from any claim or demand, or actions including reasonable attorneys’ fees asserted against or incurred by such indemnified parties, made by any third party or penalty imposed due to or arising out of your breach or non-performance of the terms of this Terms of Use, Privacy Policy and other policies as displayed on the Website, or your violation of any law, rules or regulations or the rights of a third party.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS TERMS OF USE INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ITS PERMITTED USE OR THIS TERMS OF USE, EVEN IF THE COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE OR MATERIALS.
The Company, its associates, affiliates and service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
a. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; or
b. Any interruption or errors in the operation of the Website.
14. APPLICABLE LAW
This Terms of Use or the documents they incorporate by reference shall be governed by and interpreted and construed in accordance with the laws of India. Any and all disputes arising under this Terms of Use or any other document as displayed over the Website between you and the Company shall be subject to the exclusive jurisdiction of courts in India provided however that the Website being accessible globally, the same may be subject to jurisdiction of courts of other countries depending on principles of law existing in different jurisdictions and other such factors.
15. TRADEMARK, COPYRIGHT AND RESTRICTION
This Website is controlled and operated by the Company. All material on this Website, including images, illustrations, clips etc, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by the Company or by other parties that have licensed their material to us. The materials or products on the Website are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of the Company and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
16. GENERAL
16.1. Notices: Except as explicitly stated otherwise, any notices shall (a) in the case of notice to the Company, be given by registered postal mail to the Company to Amy’s Kitchen, Inc., c/o Gurmi Foods Private Limited, 740, Phase – V Udyog Vihar, Gurgaon HR 122016, India, Attn: Gopal Batra, with a copy by email to the following: amy@amys.com, or, (b) in the case of notice to you, to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16.2. User submissions: You understand that when using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
16.3. Severability: If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this Terms of Use.
16.4. Entire Agreement: This Terms of Use sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
16.5. Assignment: You cannot assign or otherwise transfer this Terms of Use, or any rights granted or obligations contained hereunder to any third party. We may transfer/assign our rights and obligations under this Terms of Use without your prior express consent, provided that we shall assign the Terms of Use on the same terms or terms that are no less advantageous to you.
16.6. Survival: Clauses under the headings Covenants, Indemnity, Limitation of Liability, Applicable Law, Trademark, Copyright and Restriction and Notices shall continue and survive even if you do not continue to be bound by Terms of Use and Privacy Policy.
17. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Gopal Batra
Amy’s Kitchen, Inc., c/o Gurmi Foods Private Limited, 740, Phase – V Udyog Vihar, Gurgaon HR 122016, India, Attn: Gopal Batra
Email: amy@amys.com
