These terms & conditions (“Terms and Conditions”) govern your use of the Omjee Namkeen Private Limited (“Manbhari”) and the services provided by it. (1) By accessing, viewing, or using this website of Manbhari and the websites as mentioned in Annexure A below, the applications in relation thereto, including online ordering, call center service or (2) by installation of the mobile application software provided by Manbhari (“Website”), you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions.
Subject to Applicable Law, Manbhari may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions. Manbhari recommends that you carefully read the Terms and Conditions each time you visit the Website as the Terms & Conditions may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the Website for its intended usage.
These Terms & Conditions apply to all users of the Website. The Website may include content, information or links to third parties or third party websites. Manbhari does not regularly review materials posted, or products or services offered, on the Website by such third parties and does not necessarily endorse all of the materials, products, and services available on such third party websites. By accepting these Terms & Conditions you agree to hold harmless and relieve Manbhari and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party website and any you agree and acknowledge that viewing and usage of the contents of any such third party website is solely made at your own risk.
Access to Website
Manbhari hereby provides its conditional permission for you to access the Website in accordance with these Terms and Conditions provided that you use the Website on your continued and absolute compliance with these Terms and Conditions. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for (1) your personal, non-commercial use, (2) you may download a single copy of the materials from the Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers”, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, Manbhari grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Manbhari reserves the right to revoke these exceptions either generally or in specific cases at any time.
You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell ,mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material’s owner.
The text, graphics and Website’s html code (including flash files, java script etc.) contained in the Website are the exclusive property of Manbhari. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of Manbhari.
The Website may link to websites not maintained by or related to Manbhari. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Manbhari. Manbhari has not reviewed the websites hyper-linked to or from this website and is not responsible for the content of any other website. These links are to be accessed at the user’s own risk and in accordance with the Website’s usage policy. Manbhari makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to the Website. Furthermore, Manbhari does not implicitly endorse third-party websites hyper-linked to the Website.
The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law (“Content“) and the trademarks, service marks and logos contained therein (“Trademarks“), are owned by/licensed to Manbhari, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Manbhari or the respective owners, as the case may be. Manbhari reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You consent to receive communications from us by e-mail, SMS or any other communication made electronically, verbally or physically through post. You agree that all agreements, notices, disclosures and other communications that Manbhari provides to you by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Manbhari reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Products and Pricing
All products listed on the Website their descriptions, and their prices are each subject to change. Manbhari reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice. You agree that Manbhari will not be liable to you or to any third party for any modification, suspension, or discontinuance of any product or services. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or information on such product or services received from Manbhari’s suppliers, Manbhari shall have the right, prior to the acceptance of any order, to decline or cancel any such orders, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have been already been charged for the order and Manbhari cancels your order, Manbhari for any reason whatsoever, Manbhari will issue a credit to your credit/debit card or bank account in the amount of the charge.
Orders & Acceptance of Orders
When you make an order, you are making an offer to purchase, and such offer is subject to acceptance of Manbhari. Your receipt of an order confirmation from Manbhari does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Manbhari reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. Manbhari may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address. Your order is not accepted until Manbhari sends you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if Manbhari cancels all or a part of your order, your sole and exclusive remedy is either that (a) Manbhari will issue a credit to your credit/debit card or bank account in the amount charged for the cancelled portion (if your account card has already been charged for the order) or (b) Manbhari will not charge your credit/debit card or bank account for the cancelled portion of the order.
Manbhari encourages you to place your order on the Website for the fastest possible service.
Shortly after you place an order, you will receive an Order Confirmation e-mail which will include all the details of your order, including the order number, (required in the event you need to contact Manbhari). To show our appreciation, you will receive a confirmation e-mail from Manbhari when your gift has been delivered.
If you placed two or more identical orders by mistake, please let us know about it. We will give a full refund for the duplicate order, provided that the order has not been prepared or delivered .If we find that the same order has been made twice, we will try to contact the customer and get that clarified. If the customer is not contactable, we will take the decision on your behalf and that will be final.
For each product or service you order on the Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select, if any (“Delivery Fees”), and any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on Manbhari’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (“Taxes”) not withheld by Manbhari. All payments are non-refundable (except as expressly set forth in the Terms and Conditions). Without limiting other remedies, Manbhari reserves the right to charge a late fee on all past due payments equivalent to the lesser of 1.5% (one and half percent) per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.
Order delivery is totally subject to the payment received by Manbhari. Unless payment is received by Manbhari, no order will be processed.
Disclaimers, Limitations And Exclusions Of Liability.
WHILE MANBHARI ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE, THERE MAY EXIST SOME INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, MANBHARI MAY MAKE MODIFICATIONS OR CHANGES TO THE WEBSITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME. MANBHARI IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR PRICING ERRORS ON THE WEBSITE; MANBHARI RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH MANBHARI BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT MANBHARI BELIEVES ARE HARMFUL TO MANBHARI OR ITS AFFILIATES. MANBHARI ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS WEBSITE.
YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS WEBSITE. MANBHARI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MANBHARI DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. MANBHARI DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MANBHARI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS AND CONDITION, THE SERVICE, THE WEBSITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF MANBHARI WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL AGGREGATE LIABILITY OF MANBHARI TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) INR 500 (INDIAN RUPEES FIVE HUNDRED ONLY) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN RELATION TO THE SERVICE, THE PRODUCTS OR THE USAGE OF THE WEBSITE IN THE PAST 1 (ONE) MONTH HEREUNDER. YOU AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND MANBHARI RELATING TO THE PROVISION OF THE WEBSITE, THE SERVICE AND THE PRODUCTS TO YOU, AND MANBHARI WOULD NOT PROVIDE THE WEBSITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
MANBHARI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN RELATION TO (1) THE USE OR CONSUMPTION OF PRODUCTS PROCURED / MANUFACTURED BY THIRD PARTIES OR (2) THE PRODUCTS DELIVERED TO YOU BY ANY THIRD PARTY. MANBHARI ASSUMES NO RESPONSIBILITY FOR EXAMINING OR EVALUATING THE PRODUCTS AND SERVICES OFFERED BY THEM. MANBHARI DOES NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS. MANBHARI DOES NOT ENDORSE, IN ANY WAY, ANY THIRD PARTY PRODUCTS OR SERVICES OR WEBSITE’S CONTENT THEREOF. ANY CLAIM IN RESPECT OF THE SAME SHALL BE MADE DIRECTLY WITH THE THIRD PART