Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS, CAREFULLY. BY USING THIS WEBSITE / PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT USE THIS WEBSITE / PLATFORM.
O’Greens a sole proprietorship incorporated in India (hereinafter referred to as “Company”) with its registered office at 100, Manu Prabha, N-4 Cidco, Gurusahani Nagar, Aurangabad, Maharashtra, India – 431001, has developed an online platform namely “O’Greens” which can be accessed at the link www.o-greens.com (“Platform”), for selling and distributing all-natural, vegan, organic and gluten free Products (defined below) including but not limited to protein bars, nutrition bars, etc., in various flavours such as coffee, berries, pistachio, moringa, chocolate, orange, or such new flavours as may be introduced by O’Greens from time to time (“Business”) to its consumers globally (hereinafter referred to as the “End Client(s)/ you/You”).
Please read the following terms and conditions (“Agreement”) carefully.
- ACCESS AND USE OF THE PLATFORM
This Agreement governs your access to and use of the Platform and the services provided within. This Agreement constitutes a binding legal agreement between you and the Company.
By accessing and using the Platform, you indicate your understanding and acceptance of these terms and conditions and further understand that you are entering into an agreement with the Company. If you do not agree to any terms or conditions listed herein, stop using or accessing any parts of this Platform. By accepting the Agreement, you confirm that you are at least 18 years of age and are legally able to enter into a contract.
You further agree that all information you have and will provide in or through the Platform is accurate, truthful and complete.
The Platform provides you with an easy and convenient online platform through which you can order all-natural, vegan, organic and gluten free products including but not limited to protein bars, nutrition bars, etc., in various flavours such as coffee, berries, pistachio, moringa, chocolate, orange, or such new flavours as may be included by O’Green’s from time to time (hereinafter referred to as “Products”).
As part of the registration process on the Platform, the Company 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, 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.
The Client may be required to register a “Client/User Account” with User ID and Password for ordering the Products available on the Platform easily. You agree that any registration information provided by You will always be accurate, correct and complete.
You will be required to provide following information to complete the registration –
- E-mail Id
- Contact number
Alternatively, you can also register as a “Guest Account” for ordering the Products available on the Platform.
- LINKS TO THIRD PARTY SITES
This Platform may contain links to other websites owned and operated by third parties who are not related to the Platform (“Linked Websites”). The Linked Websites are not under the control of our Platform and the Company / Platform is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
The Platform provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by our Platform. Your link to any such Linked Website is entirely at your own risk. The Company / Platform is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
The Company / Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- PROHIBITED CONDUCT
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Platform or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not share or transmit Contents or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You may not intimidate or harass another through the Platform.
Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;
You may not use or attempt to use another’s account or personal information; and, You may not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
- ANCILLARY SERVICES
You may get access to site testimonials forums, client’s experience, blogs, e-mail and other features (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by you on the Platform.
- PROMOTIONAL OFFERS AND ADVERTISEMENTS
The Platform may circulate promotional offers and advertisements to the Users.
For every Product ordered by You, the payment will have to made in any of the following modes i.e. through the payment link / gateway available on the Platform; or cash of delivery. The payments shall be made by way of credit card, debit card, mobile applications, net banking, cash or by any other payment gateway or other mode as may be determined by the Company on the Platform from time to time.
You may order the Products from the Platform in accordance with your requirement and the subscription or other plans may be available on the Platform from time to time.
- SHIPPING AND REFUND POLICY
- CONFIDENTIALITY OF INFORMATION
Any information shared with us is confidential except in the following circumstances: If you present as a danger to yourself or others, if you sign a release of information, or if we are court ordered to provide information.
- MODIFICATIONS, TERMINATION, INTERRUPTION AND DISRUPTIONS TO THE PLATFORM
The Platform is a complex system which depends on various factors to perform, such as software, servers, hardware, internet connections and other tools, often owned or operated by contractors, suppliers or other third parties. Accordingly, the Company cannot and does not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
You understand and agree that the Company may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Company may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Counselor Services) at its sole discretion for any reason and for any period of time.
For any kind of customer service queries, information, help, support, etc., there is a designated email id [email protected], where You can reach out for any information, help or support with regard to the Platform or our Products. You will receive a prompt reply from this email with regard to your query, support, help, support and similar requirement.
- YOUR ACCOUNT, REPRESENTATIONS, CONDUCT, AND COMMITMENTS
You understand and acknowledge that you are responsible for maintaining the confidentiality of your account, password and all other security information of your account (if any). You agree to notify us immediately of any unauthorized use of your account access or any other concern for breach of your account security.
You agree that the Company is not liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge and agree to be responsible for all activity made using your account. You further acknowledge and agree that the Company will hold you liable and responsible for any damage or loss incurred as a result of the use of your account whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
If you receive any file from us, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
- RESTRICTIONS ON CONDUCT
The Platform may only be used and accessed for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Platform.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with us.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Platform’s systems, services, servers, networks or infrastructure.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of: (a) unsolicited emails, advertisements, promotional materials, junk mail, spam, chain letters, any form of solicitation; (b) malicious software or code, viruses or other computer code that may interrupt, destroy; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree not to collect information about other users without their express permission and not to knowingly upload, post or otherwise transmit use any false or inaccurate information;
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;
- TERMINATION; CANCELLATION
If You wish to terminate this Agreement, You may immediately stop accessing or using the Platform.
Your right to access and use the Platform terminates automatically upon your material breach of any of the terms of these Terms and Conditions.
Survival: The disclaimer of warranties, the limitation of liability, indemnity, jurisdiction and applicable law provisions will survive any termination.
- ERRORS AND INACCURACIES
The information on this the Platform including but not limited to, information regarding any service, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. The Company reserves the right to refuse any order or provide any service based on inaccurate or erroneous information on the website or Platform.
The Company may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected]
- DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW THE PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE PRODUCTS AND YOUR USE THEREOF. PLATFORM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. PLATFORM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLATFORM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PLATFORM SHALL NOT BE LIABLE IN CASE OF USERS SHARING FAKE DATA OR IN ANY CASE OF IMPERSONATION.
PLATFORM SHALL NOT BE RESPONSIBLE FOR ANY KIND OF CLAIMS ARISING OUT OF ITS PRODUCTS.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM, FROM INABILITY TO USE THE PLATFORM, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR ANY LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PLATFORM SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
You hereby agree to defend, indemnify, and hold harmless the Company, our affiliates, licensors and each of our and their respective employees, contractors, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, violation of this Agreement, or infringement by you, or any third party using your Account or identity on the Platform, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- OWNERSHIP OF INTELLECTUAL PROPERTY
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the Company and its affiliates, subsidiaries, licensors, users as the case may be. The Platform respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any content or details on the Platform that violates another person’s proprietary rights.
If you believe that Platform contains elements that infringe your intellectual property rights in your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
O’Greens is the trademark solely owned by the Company. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of content on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this user agreement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, and your use of the services, shall be determined by arbitration in Mumbai, India. The arbitration shall be conducted on a confidential basis pursuant to the provisions contained under the Arbitration and Conciliation Act, 1996. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
- MISCELLANEOUS TERMS
Choice of Law and Jurisdiction: These Terms and Conditions are governed by and construed according to the laws of India, the acceptance of the Terms and Conditions shall be deemed to have been given at Aurangabad, Maharashtra, India and the courts in Aurangabad will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms and Conditions or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
No waiver: The Company’s failure to insist on or enforce strict performance of any of the terms of these Terms and Conditions will not be construed as a waiver of any provision or right.
Severability: If any part of these Terms and Conditions is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- CHANGES TO THE AGREEMENT
We may change, modify or amend this Agreement at any time by posting the changes to this Agreement on the Platform. We will make efforts to provide notice of changes to this Agreement. Unless otherwise specified, all modifications shall be effective upon posting. As such, you are encouraged to check the terms of this Agreement frequently.
If you disagree with any change to the Agreement, you should terminate access to the Platform and participation in its services. Continuing to use the Platform or participating in any serves thereafter constitutes agreement to be bound by the updated terms of this Agreement. We may freely transfer or assign this Agreement or any of its obligations hereunder.