Term Of Use

1. Introduction and Terms and Conditions of use

The domain name www.rasapaaka.com (hereinafter referred to as “Website“) is owned by M/s Rasapaaka Foods (“Company” or “we” or “our” or “us”).

Any person logging on to or using the Website (“User” or “you”) and receiving associated services provided through the Website (“Services”) shall be presumed to have read and understood the following terms and conditions which includes the disclaimer (if any, at the landing page of the Website) (“Disclaimer”) and privacy policy separately provided on the Website at Privacy policy (“Privacy Policy”)(these terms and conditions along with the Disclaimer and the Privacy Policy, together referred to as the “Terms of Use”) and has unconditionally accepted the Terms of Use. These Terms of Use shall constitute a binding and enforceable agreement between the User and the Company.

The User’s use of the Website is governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By the use of the Website, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter.

For the purpose of these Terms of Use, wherever the context so requires “User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity.

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Website,).

The Terms of Use may be revised or altered by the Company at its sole discretion at any time without any prior intimation to the Users. The latest Terms of Use will be posted here (i.e. on this URL). By continuing to use or access the Website after changes are made, you agree to be bound by the revised/ altered Terms of Use.

2. Eligibility

Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to access or visit the Website. Your use or access of the Website shall be treated as your representation that you are competent to contract.

The User represents and warrants that the User will be responsible, financially or otherwise, for all of User’s use and access of the Website (as well as for use of User’s account by others). The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

3. Account and Registration

In order to access and use certain Services, you must first register and create an account with us (“User Account”).

Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy.

If you use the Website, you are responsible for maintaining the confidentiality of your password and other details in relation to your User Account and any activity that occur in or through the User Account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or User Account. If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept any legal terms available therein, make various representations and warranties etc. Any such action/ activity will be deemed to have occurred on your behalf and in your name. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at reachus@rasapaaka.com and/or calling us on +91-9902667796. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.

You also agree and confirm that you will:

(i)   Provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration/Signup form (“Registration Data”).

(ii)  Maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to provide you access to the Website.

(iii)  Indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.

(iv)  In order to ensure that we are not violating any right that you might have in your Registration Data, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights that you may have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.

4. Availability

We will take all reasonable efforts to ensure that our Website is operational and uninterrupted. However, we do not guarantee that any Content will be made available to you in or through the Website. In case of certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Website or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Website.

We also reserve the right to: (i) remove, edit, modify, refuse to distribute or otherwise manipulate any Content at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms of Use), or for no reason at all, and (ii) remove or block any Content from the Website.

5. Other Representations, Warranties and Covenants

You understand and undertake that you shall be solely responsible for the Registration Data and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:

(i)  belongs to another person and to which you do not have any right to;

(ii)  is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, podophilic, seditious, 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;

(iii)  harms minors in any way;

(iv)  infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;

(v)   violates any law for the time being in force;

(vi)  deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(vii)  impersonates another person;

(viii)  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(ix)   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 offence or prevents investigation of any offence or is insulting to any other nation;

(x)   creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers and/ or Users;

(xi)   is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or

(xii)  is illegal in any other way.

You agree and understand that the Company reserves the right to remove and/or edit such detail / information. 

You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

6. Payment Terms

You shall be entitled to use a valid credit/debit and/or any other payment cards, online banking facility or other payment methods(“Virtual Payment Modes”) to make payment against any transaction being effected on the Website.

You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by arrangement(s)/terms and conditions between you and the relevant banks and/or financial institutions, as the case may be. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of / relating to the Virtual Payment Modes (including any fraudulent transaction). Notwithstanding anything contained in the Terms of Use, you agree to indemnify us for any liability arising in this regard.

We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.

We may, at our sole discretion, require further authorization from you, such as a telephone confirmation of your payment and/or other information.

7. Delivery

You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery for our products would ideally be somewhere between 7 to 10 days from the date of confirmation of order. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. At times, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you either by e-mail or by SMS or both. However, we will not be able to compensate for any mental agony caused due to delay in delivery.

8. Indemnity

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs arising from your use of this website, your breach of these Terms of Service, or infringement of any intellectual property right.

9. Returns and Refunds

The products sold on the Website, being food products, are not eligible for being returned. However, we may, at our sole discretion, provide an option of a free replacement of product(s), in cases where such product(s) may have quality related issues.

10. Force Majeure

We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay is result of or arising out of a Force Majeure Event, as defined hereunder.

For the purposes of these Terms of Use, “Force Majeure Event” means any event due to any cause beyond our reasonable control, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, lockdown, epidemic, pandemic and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions, breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder. It is hereby clarified that the failure to make a payment of money by the User will not be considered to be a Force Majeure Event.

11. User’s liability

The User, by the act of logging onto the Website and/or submitting information to the Company (through the Website or otherwise) is deemed to have consented to and has expressly/impliedly and irrevocably authorized the Company to use, reveal, archive, analyze, display or transmit all information required by the Company. The User represents and warrants that all the information provided by the User are true, correct and complete and if found to be untrue, incorrect or incomplete, the Company has the right to take any action it deems fit in relation to the particular circumstances without any limitations.

The User represents and warrants that the User is fully aware of all the applicable laws particularly governing the use of the Website and that the User is not violating or attempting to violate any applicable laws.

12. Restriction on use of Content

The information and Content provided on the Website is an exclusive property of the Company and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of the Company.

Further, the User shall not: (i) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Website; (ii) take or attempt to take any action that might damage, disable or overburden our (or our third party providers) infrastructure; (iii) bypass, circumvent or attempt to bypass or circumvent any measures that the Company uses to prevent or restrict access to the Services and/ or the Content; (iv) run any form of auto-responder or “spam” on the Services and/ or the Content; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services and/ or the Content, unless the same is done in accordance with the provisions of our robots.txt file;(vi)harvest or scrape any Content from the Services; (vii) copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Services and/ or Content; (viii) modify, translate, or otherwise create derivative works of any part of the Services, (ix) retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) the Services or the Content, or any part thereof, without express prior written consent from us (except as and only to the extent any of the foregoing restriction is prohibited by applicable laws or to the extent as may be permitted by licensing terms governing use of open-sourced components included in the Services); or (x) otherwise take any action in violation of our Terms of Use.

The Company has the right to access, read, preserve, and disclose any information as it reasonably believes is necessary: (i) under any applicable laws or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect its rights, property or safety along with that of its Users and the public.

13. Geographical Extent

The Website and Services can be accessed in and from all jurisdictions across the world. We make no representation that materials or Content available through our Website and Services are appropriate or available for all these jurisdictions.

If You access or use the Website from a country or location apart from India, you are solely responsible for compliance with applicable laws and regulations for use of the Website, in your jurisdiction.

14. Intellectual Property Rights

The Content available through the Services may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Website or the Content, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the Website, including the Content. We request that you promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Website and/or Content. You agree not to make use of the Content in a manner that would infringe the copyright therein.

You also acknowledge and agree that any feedback, comment or suggestion you may provide regarding the Website and/or Content is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.

15. Infringement of Intellectual Property Rights

If you believe that your copyright work has been copied and posted in the Website or the Content in a way that constitutes copyright infringement, please provide us with all relevant information, including but not limited to, the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and any information reasonably sufficient to permit us to locate such material. Please also provide us your contact information, including your address, telephone number, and an email address at the time of making the complaint. To inform us about any infringement, you must send an email to reachus@rasapaaka.com, and we will take appropriate action as required under applicable laws.

16. Collaboration with the Company

The company owns all applicable intellectual property rights over any Content that you create on behalf of the Company or in collaboration with the Company’s editorial team. Such Content shall not be shared with any third party or posted on any other website, without prior written permission from the Company.

17. Jurisdiction and Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Bengaluru (Karnataka) shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

18. Miscellaneous

No waiver: Even if the Company does not exercise a particular right or enforce a particular clause under these Terms of Use, it will not amount to a waiver of the Company’s rights under these Terms of Use.

Severability: If any provision of these Terms of Use is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the intentions as reflected in the such provision and that the other provisions of the Terms of Use shall remain in full effect, notwithstanding anything contained in such impugned provision. Thus, illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website.

It is clarified that the Disclaimer and the Privacy Policy provided separately forms an integral part of these Terms of Use of the Website and should be read in conjunction.

19. Links to Third Party Websites: Third Party Material

The Website contains links to websites owned and/or operated by third parties. You may be able to access, review, display or use third party services, resources, content, or information. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Website does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third party website you accept that we do not exercise any control over such websites or their content. We have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such third party websites or their content. Further, the User undertakes to indemnify the Company for any liability that may arise on the Company in relation to the User’s access, use, review or reliance on any third party website, service, resource, content or information. We encourage you to familiarize yourself with the terms of use applicable to any third-party website you may access. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any third party websites and any materials or content made available therein.

20. Cancellation Policy

In case you want to cancel your order please email us at reachus@rasapaaka.com. Please mention the order number, date of order and the reason for cancellation in the email. We will be able to cancel the order as long as it is not shipped. Please note we cannot cancel once the order is shipped and the same will be informed to you via email/Whatsapp. Once the order is cancelled, we will issue a full refund for the same within 12 working days from the date of cancellation. Any refund will be made in the same method that the payment is made.