Terms and Conditions
Please read the following Terms, of use "Terms" carefully before using this website https://heartyeats.in
These Terms govern your use of this website; by using this website www.heartyeats.in, 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.
Hearty Eats 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 Hearty Eats uses cookies in accordance with the terms of Hearty Eats' Privacy Policy.
LICENSE TO USE WEBSITE
Unless otherwise stated, Hearty Eats 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 that 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 that 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 Hearty Eats' 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 Hearty Eats sole and express written consent.
RESTRICTED ACCESS
Access to certain areas of this website may be restricted. Hearty Eats reserves the right to restrict access to other areas of this website, or indeed this entire website, at Hearty Eats' sole discretion.
If Hearty Eats 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.
Hearty Eats reserves the right to disable your user account at Hearty Eats 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.
Hearty Eats welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permit 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 Hearty Eats 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 Hearty Eats 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, Hearty Eats does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that Hearty Eats may publish your name and submissions on the Website, Hearty Eats managed social media, advertising, print material, or in any other press releases of 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 Hearty Eats 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 Hearty Eats all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to Hearty Eats 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.
Your agree and acknowledge that Hearty Eats does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Hearty Eats expressly disclaims any and all liability in connection with User Submissions. Furthermore, Hearty Eats does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Hearty Eats 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. Hearty Eats reserves the right to remove content and User Submissions without any prior notice.
PAYMENTS
All products remain the property of Hearty Eats until full payment is made. The price applicable is that set at 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 parents' permission to buy from http://www.heartyeats,in. Card information is transmitted securely through a third party. Hearty Eats shall have no role to play in case of any dispute related to payments/refunds. It is expected that 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 is 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. Hearty Eats 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, Hearty Eats 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 HEARTY EATS 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 SUM RECEIVED BY HEARTY EATS FOR THE CONCERNED ORDER. HOWEVER, HEARTY EATS 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 HEARTY EATS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF WHETHER WHOLSUM FOODS PRIVATE LIMITED (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. GOVERNING LAW AND JURISDICTION All disputes shall be dealt as per India Law. The Courts at Delhi 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 HEARTY EATS liability in respect of any:
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, Hearty Eats has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hearty Eats 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 Hearty Eats officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hearty Eats.
INDEMNITY
You agree to indemnify, defend, and hold harmless Hearty Eats, 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 (i) your use of and access to the Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Hearty Eats.
BREACHES OF TERMS
Without prejudice to Hearty Eats other rights under these Terms, if you breach these Terms in any way, Hearty Eats may take such action as Hearty Eats 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
Hearty Eats 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
Hearty Eats may transfer, sub-contract or otherwise deal with Hearty Eats 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.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Hearty Eats in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
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