“Product(s)” means the milk and/or milk products offered and/or delivered to a Customer by Sarda farms in accordance with the plans and variants specified on the Customer App and the Website of Sarda farms.
“You”, “Your” or “Customer” means the existing and/or the new subscriber/recipient of the Product(s).
“Website” means the website of Sarda farms available at www.sardafarms.com.
You shall ensure that prior to any third party accessing the App through Your electronic device You shall cause such person to understand and accept the Terms contained herein. If You do not understand the Terms herein, or do not agree to be bound by these Terms, You may not use or otherwise access this App in any manner.
By using this App, You represent and warrant that You are a resident of India, at least 18 years of age and are otherwise capable of entering into a contract under applicable laws. The Firm will at all times assume, and by using this App You warrant that You have the legal capacity to enter into the agreement set out in these Terms and that they will be legally enforceable against You to the maximum extent permitted by applicable law (i.e. that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). In any case, the services on this App are not intended for persons under 18 years. If You are under 18 years of age and/or are not an Indian resident, do not use this App.
CHANGES OR MODIFICATION TO THE TERMS
The Firm reserves the right, in its sole discretion, without any obligation and without any prior notice requirement and for any reason, to change, improve or correct the Terms and to suspend and/or deny access to this App or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Changes to the Terms will be effective as on the date they are posted. The Firm may notify you in case of any such revisions to the Terms. Your continued use/access of the App signifies Your acceptance of any revisions and explicit renewal of Your consent to such revisions. These Terms control the relationship between the Firm and You. They do not create any third party beneficiary rights.
Subject to Your compliance with these Terms, the Firm grants You the non-exclusive, non-transferable, non-sub licensable, revocable and limited right to use the App for Your personal and non-commercial subscription and use of the Product. Your license to use the App is limited by these Terms. Unless otherwise authorized, You may not use, copy, reproduce, modify, display, create derivative works of, sell, auction, distribute, transfer or disclose all or any part of the App including, without limitation, any screenshots, videos, documentation or manuals relating to the App. Any rights not expressly granted herein are reserved by the Firm.
License Restrictions: Unless otherwise authorized by these Terms or the Firm in writing, You shall not:
a.Sublicense to, transfer, network, transmit, distribute, or permit use of the App by any third party;
b.Reverse engineer, decompile, or disassemble any aspect of the App;
c.Transmit or communicate any data or commit any act that is unlawful, harmful, threatening, abusive, harassing, defamatory, demeaning, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable under law;
d.Publish, post or upload any content on the App or with respect to the App with an intent to cause any harm to the reputation of any other brand/topics or in violation of any applicable law. In the event You upload, post or publish any content or information on the App that is in violation with these Terms and the applicable law, you acknowledge that You shall be solely liable in respect of any such action;
e.Publish, post or upload any incorrect or inaccurate data/information;
f.Create or otherwise collect information about any other Customer, without their prior written consent;
g.Transfer Your account, username and password to a third party without the prior written consent of the Firm;
h.Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, Copyright or other intellectual or proprietary rights of the Firm and/or any third party;
i.Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j.Include programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, App or hardware or telecommunications;
k.Intentionally or unintentionally violate any applicable local, state, national or international law, in force from time to time relating to the App;
l.Use the App in any way for carrying out any other activity not permissible under any applicable law including any data protection laws.
This license shall automatically terminate if, in the sole determination of the Firm, You have violated any of the restrictions and upon termination of the license, You must destroy any downloaded materials in Your possession in any format whatsoever including in electronic or printed format. Upon such termination, the Firm reserves the right to retain the information provided by You during the course of Your use of the App.
ENROLLMENT AND USE
You shall have only one active account and are prohibited from selling, trading or otherwise transferring the account to another party. If You use the App, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account. You shall be responsible for all activities that occur under Your account. You shall notify the Firm immediately of any unauthorized use of Your account or any other breach of security. The Firm reserves the right to alter or cancel the order or subscription made by You, terminate accounts or remove or edit any content thereof in its sole discretion.
You authorize the Firm and/or authorized third parties to retain the information shared or submissions made by You for the purpose of using the App and/or subscribing the Product(s) and for any marketing campaign of the Firm and/or third party service providers.At any point in time, You can choose to unsubscribe from the newsletters, e-mails or any other information and communication which You may receive from the Firm.
User experience may vary depending on the type of the device and the operating system that You use and the Firm accepts no responsibility for any lack of functionality due to Your equipment (including Your device, internet connection, operating system or settings and software).
PRICING AND PAYMENT
All the Product(s) listed on the App will be available for subscription at the price specified on the App. Renewal of the subscription shall be made at the price of the Product(s) prevailing at the time of renewal of the subscription.
You may pause and resume the subscription of the Product(s), change quantity of the Product(s), choose different variants of the Product(s), subject to the credit value of the subscription and availability of the Product(s) on the prevailing date. You may also modify the delivery mode of the Product(s) (as specified on the App) subsequent to placing the order. You are entitled to return and replace the Product(s) in the event of any pilferage, damage or any other physical defect in the packaging of the Product(s) only at the time of delivery of the Product(s) and not at any later time. Subject to any specific exclusion under a promotional offer, the subscription amount will not be refunded in part on in full. In the event that You are unable to manage the subscription due to the App being unresponsive, then You may write to us at the email address or call us on the number mentioned below under the heading “How to contact us”. Confirmation of any kind of modification to the subscription, milk delivery statements, if any, shall be communicated to the Customer on the registered e-mail address and/or mobile number of the Customer through SMS.
Delivery of the Product(s) is subject to the accuracy and correctness of the delivery information provided by You. In an event which is beyond the control of the Firm and/or Sarda farms including but not limited to flood, earthquake, drought, famine, war, rebellion, revolution, riot, strike, acts of terrorism, the delivery of the Product(s) is delayed or the Product(s) cannot be delivered to You, You shall not hold the Firm liable and shall not initiate any action against the Firm in any manner or claim any compensation/refund form the Firm on account of its inability to deliver the Product(s) to You. You agree and accept that the estimated time for commencement of delivery for a new Customer is 4 to 5 days subsequent to realization of the payment made by the new Customer.
FEEDBACK AND COMMENTS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on the App or otherwise disclosed, submitted or offered in connection with your use of this App (“Comments") shall be and shall remain the property of the Firm. The Firm is 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 on the App will not violate these Terms or any right of any third party. You further agree that no Comments submitted by You to the App will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, commercial solicitation, mass mailings or any form of "spam". You hereby accept and acknowledge that the Firm does not regularly review posted Comments. You further accept and acknowledge that the Firm has the right to use the name that You submit in connection with any Comments and have not used false information, impersonated any person or entity, or otherwise have misled the Firm 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 the Firm and its affiliates take no responsibility and assume no liability for any Comments submitted by You or by any third party on Your behalf.
THIRD PARTY CONTENT
We collect only such Personal Information that is believed to be relevant and is required to understand You or Your interests. We collect Your Personal Information in order to record, support and facilitate effective availability and delivery of the Product(s) offered on the App and that You select to track Your preferences; to provide You with a customized App experience; to notify You of any updated information and new offers and other related functions offered by the Firm; to assist You with customer service or technical support issues; to follow up with You in relation to Your subscription or enquiry in relation to the Product(s); to otherwise support Your relationship with the Firm and Sarda farms; or for such other purposes as the Firm may deem fit to prevent fraud and unlawful use of the App.
USAGE OF PERSONAL INFORMATION
We do not trade, sell or transfer Your Personal Information in any manner, except as specified herein to which You expressly consent. You acknowledge, consent and agree that the Firm may access, preserve and disclose Your Personal Information if required by law or in good faith, if the Firm believes that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to Your requests for customer service; or (v) to protect the rights, property, or personal safety of the Firm, its other Customers and the public.
Personal Information provided by You is used only:
a.to facilitate Your use of the App;
b.to respond to Your inquiries or fulfil Your requests for information about the various Product(s);
c.to provide You with information about the Product(s) and to send You information, materials, newsletters and offers;
d.to send You important information regarding the App, changes to the Terms of the App and policies and/or other administrative information;
e.to send You surveys and marketing communications that the Firm believes may be of interest to You;
f.to help You address Your problems with the App;
g.if You subscribe to any Product(s) from the App, to complete and fulfil Your payment, communicate with You regarding Your subscription and registration and provide You with related customer service;
h.for proper administration of the App;
i.to conduct internal reviews and data analysis for the App (e.g., to determine the number of visitors to the App);
j.to improve the Product(s) or the content on the App;
k.to protect the integrity of the App.
Some of Your Personal Information may be shared with and used by third parties who shall need to have access to information, such as credit card processing companies, etc. to enable them and the Firm to perform their duties and fulfil Your order requirements. We do not allow any unauthorized persons or organization to use any Personal Information that the App may collect from You. However, the Firm is not responsible for any information including Personal Information collected or shared or used by any other third party website due to Your browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse Your information that they collect from the App. Therefore, although the Firm uses industry standard security practices to protect Your privacy, the Firm does not promise, and You should not expect, that Your Personal Information or private communications would always remain private.
When You use the App, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), browser type and language, viewed and exit pages. We use this information to better understand our users' operating systems, for system administration and to audit the use of the App. We do not use this data to identify the name, address or other personal details of any individual.
A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Firm and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
ASSESSING, REVIEWING AND CHANGING YOUR USER ACCOUNT
Following registration, You can review and change the Personal Information You submitted during registration. If You change any such information, the Firm may keep track of Your old information. You can change Your registration information such as Your email address etc.
We will retain in our files, the information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce these Terms. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your Personal Information would be completely removed from our databases in response to Your requests.
This App is not intended for use by minors, and thus the Firm does not knowingly collect personal data from minors. If the Firm becomes aware that a minor has registered without such approval, the Firm has the right to expunge any related Personal Information of such minor from our records and cancel the account.
We strongly encourage parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment.
INTELLECTUAL PROPERTY RIGHTS
This App and any content or materials incorporated by the Firm on this App including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio visual works, designs, logos, software and any other content, (collectively referred to as “Material”) are protected by copyrights, patents, trade secrets or other proprietary rights owned by or licensed to the Firm, authorized third parties and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by the Firm on this App are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to the Firm or other third parties and/or its licensors (“Trademarks”). The Firm respects the intellectual property rights of others and asks the Customer of this App to do the same. Subscribing to the plans for purchasing the Product(s) does not give You any ownership of any intellectual property rights in our Product(s), the Material, Copyright or Trademarks.
Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Material and any other content provided on the App, without the consent of the Firm may subject You to infringement actions by the Firm or third party providers, as the case may be.
Your right to make use of this App and any Material and any content appearing on it is subject to these Terms. Modification or use of the Material or any other content on this App for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.
You may access and display the Material for non-commercial and personal use.
You understand that by using the App, You may be exposed to materials that You may consider to be offensive or objectionable. You must evaluate, and bear all risks associated with the use or disclosure of materials found on the App. The Firm shall have no liability for content that may be deemed offensive, indecent, or objectionable to You.
USER GENERATED CONTENT
We respect the intellectual property rights of others and expect users of the App to do the same.
The Firm has no control over content posted by a user and You acknowledge and agree that the Firm shall not be responsible for the accuracy or availability of such content. The Firm neither endorses nor is responsible or liable for any such content that appears on the App. The Firm shall have the right (but not the obligation) to delete, remove, monitor, or edit any content posted by a user and block links to the App through technological or other means without prior notice. The Firm also reserves the right to terminate access to the App if it believes that You are posting infringing or objectionable material on the App.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE APP AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PRODUCT(S) AND OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FIRM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE FIRM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FIRM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE APP OR ANY WEB SITES LINKED TO THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE FIRM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PRODUCT(S), SERVICE OR OTHER CONTENT IN THE APP OR ANY OTHER WEB SITE/ APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE FIRM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PRODUCT(S), SERVICE OR OTHER CONTENT ON THE APP OR ANY OTHER WEB SITE/APPLICATION. THE FIRM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
THE FIRM DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE FIRM IF ANY, INCLUDING IN RESPECT OF THE PRODUCT(S), THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION EXTEND BEYOND THE AMOUNT RECEIVED FROM A CUSTOMER TOWARDS HIS ONE MONTH SUBSCRIPTION IN THE MONTH IN WHICH THE LIABILITY HAS ARISEN AND HAS BEEN CONCLUSIVELY ESTABLISHED. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FIRM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES. THE FIRM SHALL NOT BE HELD LIABLE FOR ANY MEDICAL, HEALTH OR OTHER CONSEQUENCES INCLUDING BUT NOT LIMITED TO DEATH OR INJURY THAT MAY ARISE AS A RESULT OF THE CONSUMPTION OF THE PRODUCT(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE PRODUCT(S) SUBSCRIBED AND THE CONSEQUENCES OF THE CONSUMPTION THEREOF. ANY EXPENSES OR COSTS THAT MAY ENSUE FOR ANY MEDICAL TREATMENT OR ANY OTHER ACTION ON ACCOUNT OF THE CONSUMPTION OF THE PRODUCT(S) BY THE CUSTOMER SHALL BE BORNE BY THE CUSTOMER.
You hereby indemnify, defend and hold harmless the Firm and all persons claiming under the Firm (“Indemnified Persons”) from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from Your breach of any of the provisions mentioned in these Terms, breach of representations or warranties, and/or infringement by You of Materials, Copyrights and/or Trademarks or Your violation of the rights of any third party.
If You choose to access the App from any location outside India You do so on Your own initiative and at Your own risk and the Firm makes not representation that the Materials or the content in the App are appropriate or available at any such location, territories and protectorates. In such a case, You are responsible for complying with local laws, if and to the extent local laws are applicable. You shall comply with all applicable laws including all data protection laws concerning the transmission of technical data exported from India or the country You reside in.
You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; c) sending unsolicited email, including promotions and/or advertising of Product(s) or services; d) hyperlinking the App to any other website. Violations of the security of the App may result in civil or criminal liability as per applicable law. The Firm will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting a Customer who is involved in such violations. You will not use any device, software to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App
HOW TO CONTACT US
This App is published, controlled, owned and operated by the Firm. All communication to Sarda Farms should be directed over phone to 1-800-233-6455 (Toll Free), or over email to the registered email address - firstname.lastname@example.org or over mail to Sarda Farms, Camel House, Nashik-Pune Road, Nashik – 422011.
Any complaints relating to the Product(s) and/or use of the App shall be addressed to the registered email address as set out above. All complaints in relation to Your Personal Information shall be directed to the Grievance Officer at the email address set out in “Contact Us” on the App. The Firm shall redress the complaint expeditiously and in compliance with applicable laws.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the competent courts of Nashik, India for any action however so arising out of these Terms.
1. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the Firm and the Customer.
2. You hereby accept and agree that the Firm shall not be liable for any act of the persons delivering the Product(s).
3. The materials (ice packs, bags, bottles, etc.) would be delivered 1 or 2 days prior the start date. The materials are the property of Sarda farms and are required to be returned after discontinuation of Sarda farms' services due to any reason.
4. The subscription of the Product(s) is subject to acceptance and confirmation by Sarda farms.
5. The roll over period of the subscription must be used within a maximum period of 90 days from the end of the subscription period.
6. Offers cannot be clubbed together.
7. Subscription of the Product(s) is non-transferable.
8. The colours of the Product(s) that appear on the App have been displayed as accurately as possible and the Firm undertakes no liability for any discrepancy in the accuracy of the colours of the Product(s).