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TERMS & CONDITIONS

 

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”). Carafewerk is the licensed owner of the brand Carafewerk and the website www.carafewerk.com.

User information, Account, Password and Security

As part of the registration process on the Site, we may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited. All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

Limited User

The User agrees and undertakes not to modify, copy, distribute, transmit, display, reproduce, publish, license transfer, or sell any information obtained from the Website. For the removal of doubt, it is clarified that unlimited reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules

You agree and undertake that when using a Service, you will not: 1. Defame, abuse, harass, stalk or otherwise violate the legal rights of others. 2. Publish, post, upload, distribute or disseminate any inappropriate, profane, infringing, obscene or unlawful topic, name, material or information 3. Conduct or forward surveys, contests, pyramid schemes or chain letters 4. Any information provided by you on this site shall not be misleading in any way

User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights of others.

Promotions, Discounts and Coupons

Carafewerk reserves the right to offer the discounts/promotional offers to any Carafewerk customer of its own choice and shall not be held liable to any customer for not offering the same. The discounts/offers have Carafewerkn made available at the sole discretion of Carafewerk and are subject to change from time to time. Carafewerk at its sole discretion, may at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever. The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the customer shall be deemed to have Carafewerkn made on a voluntary basis. All disputes are subject to the exclusive jurisdiction of the competent courts/tribunals of Pune.

Intellectual Property Rights

1. Unless otherwise indicated, Carafewerk owns all Intellectual Property Rights to and into the Website, including, title and interest in and to copyright, patents, utility models, trademarks, trade names, service marks, designs, know-how, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Carafewerk without obtaining authorization from Carafewerk. 2. Notwithstanding the foregoing, it is expressly clarified that you shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, video or any other material which you may upload, transmit or store when making use of our various Service.

Links to Third Party Sites

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Carafewerk and Carafewerk is not responsible for the contents of any Linked Site. Carafewerk is not responsible for any form of transmission received by you from any Linked Site. Carafewerk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Carafewerk. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer of Warranties/Limitation of Liability:

Carafewerk has endeavored to ensure that all the information on the Website is correct, but Carafewerk does not warrants the quality, accuracy or completeness of any data, information, product or Service. In no event shall Carafewerk be liable for any direct or indirect damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s data; (c) any other matter relating to the services. Neither shall Carafewerk be responsible for the delay or inability to use the Website. Further, Carafewerk shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Carafewerk�s control. The user understands and agrees that any material/ data downloaded from the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material.

Pricing

All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food/eatables prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Cancellation by Site/Customer

You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. In cases where a single Item constitutes over 50% of the total bill value, Carafewerk reserves the right to cancel the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Return & Refunds

We have a “no questions asked return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and refund the money back to you.

Termination

1. Carafewerk may suspend or terminate your use of the Website or any Service if it believes, that you have breached a term of these Terms. 2. If you or Carafewerk terminates your use of the Website or any Service, Carafewerk may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so. 3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Colours

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising shall be subject to the exclusive jurisdiction of the courts at Jaipur.

General Conditions

1. We reserve the right to modify or terminate the service for any reason, without notice at any time. 2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail or call. What constitutes a “material change” will be determined at our sole discretion, in good faith and reasonable judgement. 3. We reserve the right to refuse service to anyone for any reason at any time. 4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users. 5. We may remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable. 6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

You Agree and Confirm

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Carafewerk for redelivery shall be claimed from you. 2. You will provide authentic and true information in all instances where such information is requested of you. Carafewerk reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever. 3. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. 4. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. 5. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

Reviews, Feedback, Submissions

All reviews, comments, feedback, ideas submitted or offered to the Site shall remain the property of Carafewerk. Thus, Carafewerk owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Carafewerk will be entitled to use, reproduce, disclose, modify, any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Carafewerk is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will contain unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, mass mailings or any form of “spam”. Carafewerk does not regularly review posted Comments, but does reserve the right to monitor and edit or remove any Comments submitted to the Site. You grant Carafewerk the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Carafewerk and its affiliates for all claims resulting from any Comments you submit. Carafewerk and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

Carafewerk, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Carafewerk or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Carafewerk. Any use of this website or its contents, including copying or storing it or them in whole or part, than for your own personal, non-commercial use is prohibited without the permission of Carafewerk. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Carafewerk, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way imply Carafewerk endorsement, sponsorship or recommendation of the third party. Carafewerk is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, photographs and written and other materials that are part of this Website are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. You may not reproduce publish, transmit, distribute, display and modify Website or any related software. All software used on this Website is the property of Carafewerk or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited.

Indemnity

You agree to defend, indemnify and hold harmless Carafewerk, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Carafewerk or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Carafewerk. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Carafewerk may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Carafewerk. Upon any termination of the User Agreement by either you or Carafewerk, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Carafewerk’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

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