Ministop Brownie - Terms of Use – 2020

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.ministop-brownies.com website.


Terms of Use

 

These terms of use (the "Terms of Use") govern your use of our website www.ministop-brownies.com (the "Website"). The Website is referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to exit. By installing, downloading or even merely using the Platform, you shall be contracting with i2cook Organic Foods LLP and you signify your acceptance to this Terms of Use and other i2cook policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

 

The Platform is owned and operated by i2cook Organic Foods LLP, a limited liability partnership incorporated under the Companies Act, 1956 and having its registered office at #648/H, 1st Main Road, Binnamangala, Inidiranagar, Bengaluru – 560034, Karnataka, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "ministop brownies", "we", "us" or "our" shall mean i2cook Organic Foods LLP.

 

Ministop Brownies enables transactions on its Platform between participating delivery agents and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale including but not limited to the bakery, restaurant, snacks, eateries and delivery partner ("agent/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”). 

 

Ministop Brownies enables delivery of such orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, ministop brownies is merely acting as an intermediary between the agents and Buyers and agents.

 

For the pickup and delivery services and completing the Tasks, we may charge the users of the Platform (Buyers), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

Amendments

 

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Ministop Brownie policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other ministop brownies policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Ministop brownies policies. As long as you comply with these Terms of Use, Ministop brownie grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Ministop brownies policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

 

Use of Platform and Services

 

All commercial/contractual terms are offered by and agreed to between Buyers and agents alone with respect to products and services being offered by the agents. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Ministop brownies does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and agents. Ministop brownies may, however, offer support services to agents in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by Ministop brownies with the agent/s. The price of the product and services offered by the agents are determined by the agent itself and Ministop brownies has no role to play in such determination of price in any way whatsoever.

 

Upon acceptance of any Order or Task by the Buyer, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between agents and buyers. Ministop Brownies shall not be responsible for the services provided by agent to Buyers through the Platform. Ministop may, however, offer support services to agents in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Ministop Brownies with the agent/buyer.

 

Ministop Brownies does not make any representation or warranty as to the item-specifics (such as legal title, credit worthiness, identity, etc.) of any of the agents. You are advised to independently verify the bonafides of any particular agent that you choose to deal with on the Platform and use your best judgment on that behalf. All agent offers and third-party offers are subject to respective party terms and conditions. Ministop Brownies takes no responsibility for such offers.

 

Ministop Brownies does not make any representation or warranty with respect to any aspect of the services being provided by the agents through the Platform including but not limited to pick up and delivery services and Task completion services to the Buyers as the case may be.

Ministop Brownies is not responsible for any non-performance or breach of any contract entered into between Buyers and agents on the Platform. Ministop Brownies cannot and does not guarantee that the concerned Buyers and agents will perform any transaction concluded on the Platform. Ministop Brownies is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of PDP services.

Usage Terms

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.

 

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Ministop Brownies', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Ministop Brownie or i2cook on platform or otherwise tarnish or dilute any ministop brownie's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ministop brownie's systems or networks, or any systems or networks connected to Ministop Brownies.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Ministop Brownies and/or others.

 

You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to gst, income tax, octroi, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

 

From time to time, you may be responsible for providing information relating to the products or services proposed to be referred by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over-emphasize the attributes of such products or services so as to mislead other users in any manner.

 

You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Ministop Bronwies shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect ministop brownies views. In no event shall ministop brownies assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

Ministop Brownies shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

Account Registration 


You may access the Platform by registering to create an account (" Ministop Brownies Account") and become a member (" Membership"); or (c) you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your ministop brownies Account with Third Party Accounts, by either:

providing your Third Party Account login information to us through the Platform; or allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

 

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

 

By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your ministop brownies Account.

 

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your ministop brownies Account on the Platform.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.

We will create your Ministop Brownies Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one Ministop Brownies Account and are not permitted to create multiple accounts. Ministop reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your Ministop Brownies Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Ministop policies.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ministop Brownies Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Ministop Brownie Account.

Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Order Booking and Financial Terms

The Platform allows the Buyers to place Orders and upon acceptance of such Orders Ministop Brownie will, subject to the terms and conditions set out herein, facilitates delivery of goods or services through directly or through an agent.

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.

However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Ministop Brownies reserves the right to not to process Buyer's Order in the event Buyer or agent is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order.

Cancellation and Refund Policy shall be applicable.

All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved available payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Ministop Brownies is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Ministop Brownies is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Buyers acknowledge and agree that Ministop Brownies acts as the agent's payment agent for the limited purpose of accepting payments from Buyers on behalf of the agent, as the case may be. Upon your payment of amounts to us, which are due to the agent, your payment obligation to the agent for such amounts is completed, and we are responsible for remitting such amounts to the agent. You shall not, under any circumstances whatsoever, make any payment directly to the agent for

Order bookings for delivery of the Order or completion of the Task made using the Platform.

Buyer agrees to pay for the total amount for the Order placed on the Platform. Ministop Brownies will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or delivery service for the particular agent. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above.

 

Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation communication via electronic means summarising the confirmed booking.

Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information may be incorrectly reflected and in such an event ministop brownies may cancel Buyer’s Order(s).

Cancellations and Refunds
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.  

Terms of service
  • The Buyer agrees and acknowledges that Ministop Brownies shall not be responsible for:

  • The delivery services or goods provided by agents including but not limited to serving of non-ministop brownies food Orders suiting your requirements and taste;

  • The agent's services or goods, or services provided by agents not being up to Buyer expectations or leading to any loss, harm or damage to him/her;

  • The availability or unavailability of certain items on the menu;

  • Buyers and agents agree and acknowledge that Ministop brownies is not responsible for any liability arising out of delivery services provided by agent to them.

  • Buyers may not be able to avail Services if their delivery location is outside Ministop brownies and agent’s current scope of Service. 

  • Ministop brownies has the right to cancel such orders even after the time of confirming his/her Order booking. Ministop brownies will not be held responsible for any loss/harm/concern arising out of such cancellation and the buyer is responsible to make themselves aware of the service area before placing an order on the platform.

  • Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from agents. Ministop Brownies will not be responsible for any delay in the delivery of an Order.

  • Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the agent / Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance.

  • The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

  • The Buyer understands that Ministop Brownies’s liability ends once Order has been created for the buyer, except where the product liability of the agent subsists. 

 

Services provided:

 

You agree and acknowledge that Ministop Brownies shall not be liable in the event you have failed to adhere to the Terms of Use. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilised or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of your credit/ debit card.

Ministop Brownies does not offer any refunds against goods or services already purchased from an agent through the Platform unless an error that is directly attributable to Ministop Brownies has occurred during the purchase of such product or services.

 

We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions. If you use the Platform, you do the same at your own risk. Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant agents.

No Endorsement

We do not endorse any agent. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

Specific Terms with respect to Use of Platform for purchase of alcohol containing products

 

By accessing and ordering alcohol containing category in the Platform, the Buyer represents that he/she is of legal drinking age in Buyer’s state of domicile and/ or where he/she is accessing the Platform and has not been previously suspended or prohibited from accessing or otherwise availing the Services of the Platform.

Mandatory age and Know Your Customer (KYC) verification: The Buyer agrees to undergo and complete mandatory age and KYC verification process to access the Platform. The Buyer undertakes to provide a valid and legible KYC document for the purpose of verification, failing which he/she will not be allowed to access the Platform. The Buyer shall be solely liable as to the veracity of the KYC documents provided by him/her, Ministop Brownies undertakes no liability in this regard.

Collection of the Buyer’s details and documents for verification will be subject to our Privacy Policy.

General:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Ministop Brownies policies, you shall immediately discontinue its use. Ministop Brownies reserves the right to terminate your Membership and / or deny access to the platform if it is brought to Ministop Brownie's notice that you are under the age of 18 years.

 

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorisations, rules and guidelines.

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Ministop Brownies policies to the attention of all such persons accessing the Platform on your computer or mobile device.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

 

You agree and grant permission to Ministop Brownies, to receive promotional SMS and e-mails from ministop brownies or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to itoocook@gmail.com

 

By using the Platform you represent and warrant that:

 

All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

 

Your use of the Platform shall be solely for your personal use and you shall not authorise others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

 

You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

 

All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorisation required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.

 

You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

 

You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.

 

You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

 

You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

 

You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

 

You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party

 

You release and fully indemnify Ministop Brownies and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Ministop Brownies cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

 

Access to the Platform, Accuracy and security

 

We endeavour to make the Services available during working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

 

We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

 

We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

 

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended

user may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").

 

Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

 

You and we acknowledge that these Terms of Use are concluded between you and Ministop Brownies only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

 

The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.

 

We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

 

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Disclaimers
  • THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

  • DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

  • WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORISED USE OF CREDIT/ DEBIT CARDS.

  • YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / AGENT’S SERVICES.

  • MINISTOP BROWNIES DISCLAIMS ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE AGENT.

  • WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

  • THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

  • WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

  • IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual property

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

You recognise that MINISTOP / i2cook Organic Foods LLP is the registered owner of the word mark ‘Ministop Brownies’ and the logo  including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Ministop brownie’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at itoocook@gmail.com with all relevant information.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.


Third Party Content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.


Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.


Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

Contact Us: Please contact us at itoocook@gmail.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
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