Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 andrules there under as applicable and the amended provisions pertaining to electronicrecords in various statutes as amended by the Information Technology Act, 2000. Thiselectronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.thebreadcompanyindia.com (here in after referred to as "Website") is owned by Sweebon India Pvt Ltd a company incorporated under the Companies Act, 1956 with its registered office at Wazirpur, NewDelhi, 110052
In using the service of Sweebon India Pvt. Ltd. you are deemed to have accepted the terms and conditions listed below- All products/services and information displayed on the website constitute an "invitation to offer". Your order for purchase constitutes your "offer"which shall be subject to the terms and conditions as listed below. Sweebon Indiareserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No actor omission of Sweebon prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Eligibility for Membership
Account and Registration Obligations.
"Your Information" is defined as any information you provide to us in the registration,buying or listing process, in the feedback area or through any email feature. We willprotect YourInformationinaccordancewithourPrivacyPolicy. IfyouusetheSite, you are responsible for maintaining the confidentiality of Your Account and Password and forrestricting access to your computer, and you agree to accept responsibility for allactivities that occur under Your Account or Password. www.thebreadcompanyindia.comshall not be liable to any person for any loss or damage which may arise as a result ofany failure by you to protect your password or account. If you know or suspect thatsomeone else knows your password, you should notify us by contacting us immediatelythrough the address provided below. If www.thebreadcompanyindia.com has reason tobelieve that there is likely to be a breach of security or misuse of the www.thebreadcompanyindia.com Site, we may require you to change your password or we may suspend your account without any liability to www.thebreadcompanyindia.com
You also agree to: Provide true, accurate, current and complete information aboutyourself in www.thebreadcompanyindia.com 's registration form (such information beingthe "Registration Data") Maintain and promptly update the Registration Data to keep ittrue, accurate, current and complete. If you provide any information that is untrue,inaccurate,incomplete, or not current or if www.thebreadcompanyindia.com has reasonable grounds to suspect that such information is untrue, inaccurate, and notcurrent or not in accordance with the User Agreement, www.thebreadcompanyindia.comhas the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Cancellation by www.thebreadcompanyindia.com
Please note that there may be certain orders that we are unable to accept and mustcancel. We reserve the right, at our sole discretion, to refuse or cancel any order for anyreason. Some situations that may result in your order being canceled include limitationson quantities available for purchase, inaccuracies or errors in product or pricinginformation, or problems identified by our credit and fraud avoidance department. Wemay also require additional verifications or information before accepting any order. Wewill contact you if all or any portion of your order is cancelled or if additional informationisrequiredtoaccept yourorder. Ifyourorderiscancelledafteryourcreditcardhasbeencharged, thesaidamount willbereversedback inyourCardAccount.
Offers, Discounts, Codes & Programmes
You agree, understand and confirm that no two offers can be used simultaneously onwww.thebreadcompanyindia.com. Also, when the prices are reduced by way of a sale,no offer, code or programme will be applicable. In other words, offers, discounts, codesandprogrammes areindividually applicableonly on MRP.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you foravailing of services on www.thebreadcompanyindia.com will be correct and accurate andyou shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake toprovide the correct and valid credit card details when making paymentwww.thebreadcompanyindia.com. Your credit card information never reaches www.thebreadcompanyindia.com, we just get pass, hold or fail message from ourpayment gateways. The said information will not be utilized and shared by our payment gateways or www.thebreadcompanyindia.com with any of the third parties unlessrequired for fraud verifications or by law, regulation or court order.www.thebreadcompanyindia.com will not be liable for any credit card fraud. The liabilityfor use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
We as a merchant shall be under no liability what so ever in respect of any loss ordamage arising directly or indirectly out of the decline of authorization for anytransaction, on Account of the Cardholder having exceeded the preset limit mutuallyagreedby us withour acquiring bank from time to time.
User content and submission
In these Terms, “user submissions” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
In relation to your user submission, you agree that:
“The user shall not host, display, upload, modify, publish, transmit, store, update or share any information that — (i) belongs to another person and to which the user does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, orcauses incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.”
Your agree and acknowledge that Sweebon India does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sweebon India expressly disclaims any and all liability in connection with User Submissions. Furthermore, Sweebon India Foods does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Sweebon India Foods is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Sweebon Indiareserves the right to remove content and User Submissions without any prior notice.
Intellectual Property and Rights
Except for Comments, all of the content and services and products provided on the Website, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by us or others (including without limitation, the third party service providers) that we license such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes our valuable intellectual property. You thereby agree to protect our proprietary rights at all times. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
You shall use the Website strictly in accordance with these Terms of Service, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms of Service; (h) use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any products or any services offered by or listed on the Website; or (i) derive any confidential information, processes, data or algorithms from the Website.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
Disclaimer of warranties; limitation of liability
The website and all information, content, materials and services included on or otherwise made available to you through the website (collectively, the “content”) are provided by us on an “as is,” “as available” basis, without representations or warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement, satisfactory quality, compatibility, applicability, usability, appropriateness, as to the operation of the website, the accuracy or completeness of the content and the accuracy of the information. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that the use of website is at your own discretion and sole risk and that you will be solely responsible for any damage resulting from any transaction. No advice or information, whether oral or written, obtained by you from us or through or from the website or content shall create any warranty. You expressly agree that your use of, or inability to use of the service is at your sole risk.
Further, we shall have no responsibility for any damage to your mobile phone or loss of data that results from the download of any content, materials, documents or information
In no case shall we, our affiliates and our respective directors, officers, employees, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You hereby agree to waive, release, discharge, and hold us harmless including our partners, affiliates and group companies (as applicable) and each of their respective officers, directors, employees and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the services available on the website.
You agree to indemnify, defend and hold harmless Sweebon INDIA Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, or actions including reasonable attorneys’ fees, made by any third-party or penalty imposed due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party (including infringement of any intellectual property rights) of a third party.
Severability and waiver
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Website.
We in our sole discretion for any reason or no reason, including if you have failed or if we suspect that you have failed, to comply with any term or provision of these Terms of Service, may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) and/or the Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The disclaimer of warranties and the governing law provisions shall survive any termination of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, Delhi. In the event of any dispute arising out of these Terms of Service the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be New Delhi, Delhi.
PERSONAL INFORMATION COLLECTION
We may collect and use the following kinds of personal information:
• information about your use of this website
• information that you provide using for the purpose of registering with the website
• information about purchases and transactions carried out over this website
• information that you provide for the purpose of subscribing to the website services; and
• any other information that you send to Sweebon India
If you choose to make a purchase from our site, we may collect information pertaining to your buying behaviour.
The information we collect includes, but is not limited to: Name, Date of Birth, E-mail Address, Billing Address, Shipping Address, Phone/Mobile number, Recipient’s Phone/Mobile number.
Under the Rule 3 of the 2011 Rules lists the following personal data as sensitive personal data:
ii. financial information such as bank account or credit card or debit card or other payment instrument details;
iii. physical, physiological and mental health condition;
iv. sexual orientation;
v. medical records and history;
vi. biometric information;
Our web servers automatically collect limited information about your computer'sconnection to the Internet, including your IP address when you visit out site. (The IPaddress is a number that lets the computers attached to the internet know where to sendthe data such as the web pages you view.) The IP however doesn't identify youpersonally. We use this information to deliver our web pages to you on request, to tailorour sites to the interests of our users, to measure traffic within our site and to know the geographic locations from where our visitors come.
The information collected is for us to understand our audience and confirm the value ofadvertising on our website. It is usually in the form of aggregated statistics on traffic tovariouspages withinour site.
All the information gathered on our websites is securely stored within the databasecontrolled by us. The database is stored on servers that are secured by a firewall, andaccess to these servers is password protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We can'tguarantee the security of our database, nor can we guarantee you that the information you supply will not be intercepted while being transmitted to us over the internet. Any information you include in a posting to the discussion areas is available to anyone withInternet access.
We will notify you that the information is being collected along with the purpose of itscollection. We will not reveal your personal identity in connection with the disclosure ofsuch interest to any third party and will treat your personal information as strictly privateandconfidential. Theinformationwillbeusedby usstrictly for our core business.
However, we reserve our right to disclose the information about the users includingpersonal information when legally called upon to do so at the request of the Governmentand the authorities conducting an investigation or to protect against misuse ofunauthorizeduseofourwebsites.
All data is stored for up to a period of 36 months, post which it may be deleted.
If you wish to unsubscribe and have us delete your data or you would like to review theinformation previously provided, please write in to email@example.com.
In accordance with the Information Technology Act, 2000 and Rules made, the name and contact details of the Grievance Officer are provided below:
Mr. Sahil Katna
Sweebon India Pvt. Ltd.
A-127, Wazirpur Ind. Area, New Delhi, Delhi - 110085
Contact us: firstname.lastname@example.org
Time: Mon – Fri (10:00 – 18:00)
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms of Service or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made.