Terms of service

TERMS AND CONDITIONS OF USE

Last updated: Jan 21, 2022

Introduction:

These Terms of Use together with the applicable policies which are incorporated herein by way of reference (“these Terms”) govern the access or use of the website www.Chakkiwalle.com (“the Website”). The Website is an online service owned, operated, and managed by Chakkiwalle ('we' or 'us'). The Website is available for You together with all the content, tools, facilities, and services made available through the Website (collectively “the Service”). Therefore, please read these Terms very carefully.

By clicking the box indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between the User (“You”, “User”, “Client”, “Customer” or “Yours”) and Chakkiwalle (“We”, “Us” or “Our”)

If You do not understand the Terms or if these Terms or any part of these Terms is not acceptable to You, please do not access or use the Service or any part thereof. In these Terms, “You” / “Yours” / “Yourself” denotes the natural person who accesses/uses the Service or any part thereof.

We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to You. If we update or modify these Terms, we will post the revised version of these Terms on the Website and such revision shall become effective immediately on such posting. It is Your responsibility to review these Terms periodically for updates / modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.

In terms of the Information Technology Act, of 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published following the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the Website or the application ‘www.chakkiwalle.com’.

Ownership and Intellectual Property Rights:

We own all copyrights, trademarks, domain names, and other intellectual property rights in or related to the Service and all its various components. Except for Your data and information, all information, content and material contained on the Website and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for Your personal and non-commercial use, without Our express written permission.

General Terms of Use:

Eligibility & Registration.

The access/use of the Service is meant only for persons who are competent to contract as per Indian law. If You are not ‘competent to contract’ as per Indian law (i.e., if You have not attained the age of majority according to the law to which You are subject, if You are not of sound mind, or if You are disqualified from contracting by any law to which You are subject or any other provision as per Contract Law), You should not register or access/use the Service or any part thereof. If the law applicable to You does not allow You to receive the Services in Your territory, you should not use this service. If You are the parent/legal guardian/authorized person acting on behalf of a Customer, you should disclose the same to us, and by registering with us or accessing / using the Service on behalf of Your ward, you affirm that You have the full and proper authority to represent the Customer and accept these Terms on his/her behalf.
Once You successfully log in to the Website, you have to provide certain information about Yourself as requested when You attempt to register with Us and start using the Service. You may be required to authenticate Your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to Your mobile number provided to us when You seek to register with Us through the short message service (“SMS”). If You cannot provide the OTP when required to do so or the authentication through the OTP fails, you may not be able to register with Us and/or avail of the Service. However, you may still be able to access and use the Service always subject to these Terms.
When You register with Us and/or access or use the Service, you confirm that You have provided accurate, current, and complete information about Yourself and that You will keep all such information current, complete, and accurate at all times for as long as You use the Service. All the data and information that You provide or that is collected from Your access/use of the Service shall be treated and protected in accordance with our Privacy Policy https://chakkiwalle.com/policies/privacy-policy which is deemed a part of these Terms.
Your registration with Us and/or Your right to access the Service is personal to You and You may not transfer this to anyone else. You may not use anyone else’s account at any time. You will be solely responsible for any activities that occur under Your account with Us and We will not be liable for any loss or damage that may occur as a result of someone else using the Service through Your account with Us or obtaining Your personal information by any device or system, either with or without Your knowledge. If You become aware of any unauthorized use of Your account with Us, please notify Us by writing to “Chakkiwalle@yummynh8.com” with the title “Unauthorized Use of Account” and We will initiate action to stop further access under the said account.
We reserve the right to terminate Your registration and / or refuse to register You or to provide You with access to the Service, without notice, if We have reasonable cause to believe that You are in violation of or are likely to violate these Terms.

Promotional Communications

"We may also send you other information about us, the Website, our other websites, products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (I) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity, you can contact our customer support service".

Reservation of Rights:

Except for the limited rights granted to You by these Terms, all rights in the Service (including all intellectual property rights therein or underlying the same, including in the Website and the App) are reserved by Us.
You do hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights You have in Your information, in any media now known or not currently known, concerning Your information to enable Us to use the information to provide the Services.

Nature of Service & Limitations:

We do not practice unnatural and do not provide products which considered adulteration, or ill practices. We are one of the best to provide a platform and infrastructure that enables You to order online freshly grounded flours, spices, on-order sweets, etc…
Any diet plan advice or information about allergies should be carefully taken care of by You. We “Chakkiwalle” aren’t responsible for this.
To enrich and improve Your experience We use the Services of different nutritionists and 3^rd party vendors to make sure we follow the right recipes and handle the products well.
We procure Natural and best-grown raw products from different farmers across India & Middle Eastern countries. This raw material is converted into a finished product upon Your request.
The product’s shelf life varies based on OMR (Outer Moisture Ratio). In regions like Bangalore, Chennai, and Mumbai where outer moisture is more than the shelf life of the product gradually decreases.
To keep the product fresh in humid and moist areas we recommend keeping the products in the refrigerator.

Diets advised and food or food supplements:

Any diet plan advice or information that may be provided on or through the Website is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment, and is not a substitute for professional medical advice, diagnosis, or treatment.

Use of Service:

You agree to use the Service (including the Communication Tools) only by these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden, or impair Our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which You do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, 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.
harm minors in any way;
infringes any patent, trademark, copyright, or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing;
impersonates another person;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; and You are solely responsible for all information You transmit or share using the Communication Tools and We are not obliged to monitor the same. However, we reserve the right to review any information or materials You share using the Communication Tools and to remove (without notice to You) any information or materials that We find, in our sole discretion, violates any applicable law or these Terms. In the event of non-compliance with the Terms, we may (without notice to You), immediately terminate Your registration with Us and/or prevent Your access or use of the Service.

You are also prohibited from:

violating or attempting to violate the integrity or security of the Website or its content;
transmitting any information on or through the Website that is disruptive or competitive to the provision of Services by us;
intentionally submitting on the Website any incomplete, false, or inaccurate information;
making any unsolicited communications to other users of the Website;
using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the content on the Website or other information available from the Website;
framing hotlinking or deep linking any content on the Website.

Payment For Service:

All products & Services are chargeable as may be specified from time to time. We will tell You about applicable charges for any paid Service and the payment terms presented to You when You use or order a paid Service are deemed part of these Terms of Use. As a convenience to You, we reserve the right to suspend or cancel Your order for the said Service or to not provide You with the ordered Service. We shall not be responsible for any Service that is not provided to You if You fail to pay the applicable charges for the same. Charges paid are non-refundable except in Our sole discretion.
We use a third-party payment gateway for processing payments due to Us. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay Us, through the payment gateway, all charges at the rates then in effect for any purchase by the applicable payment terms. We reserve the right to correct, or to instruct Our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.
We strive to provide the best prices possible on products and Services to users buying or availing through the Website. However, we do not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability Chakkiwalle;

Your Data and Information:

When You register with Us and/or access the Service, you will be required to provide certain personal data and information about Yourself to Us. When You access or use the Service, we also collect and store certain information and data about You and Your access/use. Our Privacy Policy explains what personal information and data We collect and how We treat Your data and information and protect Your privacy. The terms of Our Privacy Policy are deemed incorporated in these Terms and form a part of these Terms. Therefore, please read Our Privacy Policy carefully. When You access or use the Service, you consent to the collection and use of Your data and information by our Privacy Policy.
While placing an order with Us, you fully authorize Us to share Your details like name, address, phone number etc.
We are requesting Your email address, so We can send You invoices for the transactions You make on Chakkiwalle and also to help You refer Your friends and family and therefore earn a referral bonus.

Changes to Service:

We reserve the sole and complete discretion concerning the operation of the Service and We may add, modify, suspend, or discontinue any functionality or feature of the Service or any of the Services provided by Us without any notice to You.

Warranty Disclaimer:

You acknowledge and agree that Your use of the Service is solely at Your own risk, and that You assume full responsibility for all risks associated therewith. All information, products, or Services contained on or provided through the Service are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature, or manner of performance of any of the information, products or Services contained on or provided through the Service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the Service will be uninterrupted, timely, secure, or error-free.
The Website assumes no responsibility for any damages or viruses that may infect Your computer equipment or other property on account of Your access to, use of, or browsing of this Website.

Limitation & Exclusion of Liability:

To the fullest extent permitted by law, in no event will We be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, whether or not We have been warned of the possibility of such damages. In any event, our total aggregate liability to You, if any, will not exceed the charges paid to Us by you (if any) for the particular Service in question.

Indemnity

We shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this Website.
You agree to defend, indemnify and hold harmless to Chakkiwalle & its employees, directors, officers, agents and their successors and assigns from and against 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 Chakkiwalle or any third party including but not limited to the breach of any warranties, representations or undertakings or about the non-fulfillment of any of Your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, the 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.

Website feedback, user comments, and user-generated content:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to Us on or by this Website or otherwise disclosed, submitted, or offered in connection with Your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. We are 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 Website will not violate these Terms 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 be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant Us 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 Us and Our affiliates for all claims resulting from any Comments You submit. We and Our affiliates take no responsibility and assume no liability for any Comments submitted by You or any third party.

Termination:

We reserve the right to suspend and/or terminate Your access to the Service with or without notice if You breach these Terms. Upon suspension or termination, your right to procure the Service shall immediately cease and We reserve the right to remove or delete Your information that is available with Us, including but not limited to account details. Such termination will be without any liability to Chakkiwalle. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, however, made. Our right to any Comments shall survive such termination. Any such termination shall not cancel your obligation to pay for the Service already obtained through the Website or affect any liability that may have arisen under these Terms.

Notices:

All notices to Us shall be in writing and shall be made via e-mail to Chakkiwalle@yummynh8.com or another email address as notified in these Terms and all notices to You shall be made through the Service, via e-mail to the e-mail address You provide at the time of your registration or to your communication device registered with Us.
Governing Law and Jurisdiction:

The interpretation of these Terms and the resolution of any dispute relating to Your access or use of the Service shall be governed by the laws of India subject to the exclusive jurisdiction of Courts in Bangalore, Karnataka. All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, of 1996. Each party to arbitration shall bear its own cost.

Miscellaneous:

If any term or provision of these Terms shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these Terms shall remain in full force and effect, according to its terms. The failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such clause. Your right to use the Service is personal to You and You shall not assign or transfer in any manner any of Your rights, obligations, or interest in these Terms or Your subscription to any third party. We may freely assign our rights and obligations hereunder. Should there be any conflict between these Terms and any other notice/communication, the terms and conditions outlined in these Terms shall prevail, to the extent of such conflict. These Terms (including the Privacy Policy and other notices on the Website which are incorporated and deemed part of these Terms), constitute the entire agreement between Us and supersede all prior agreements regarding the subject matter hereof. When You use the Service and provide any information on or through the Service; or when You click any of the buttons available on the Website or when You send an e-mail to Us, you are communicating with Us through electronic records. You hereby consent that such electronic records, whether sent by You or automatically generated by the computer system when You click on any of the buttons available on the Website or the Service, shall be deemed to be communications sent in writing by You.

Grievance Redressal:

If You have any concern or grievance or complaint concerning the Service, please e-mail us at Chakkiwalle@yummynh8.com and We will study the matter and take such action as we deem appropriate under the circumstances.
I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website) and agree to all of the provisions contained therein.