Terms & Conditions
Welcome to The Food Company! These Terms and Conditions govern your use of our website and mobile application (collectively referred to as “the Platform”). By accessing or using the Platform, you signify your acceptance and agreement to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from using the Platform.
1. Use of the Platform
1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.
1.2 Account Creation: In order to access certain features of the Platform, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to promptly update any information that may have changed.
1.3 User Conduct: You agree to use the Platform for lawful purposes and in a manner that does not infringe upon the rights of others. You will not engage in any activity that could disable, overburden, or impair the proper functioning of the Platform or interfere with any other party’s use and enjoyment of the Platform.
2. Content
2.1 Ownership: The Platform and its contents, including but not limited to text, graphics, images, logos, and software, are the property of The Food Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content from the Platform without our prior written consent.
2.2 User-generated Content: By submitting or posting any content on the Platform, you grant The Food Company a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you have the necessary rights and permissions to grant this license.
3. Ordering and Delivery
3.1 Product Availability: The availability of products and services on the Platform is subject to change without notice. We make every effort to provide accurate and up-to-date information, but we do not guarantee the availability of any particular product or service.
3.2 Ordering and Payment: When placing an order, you agree to provide accurate and complete information, including billing and delivery details. You are responsible for any charges incurred as a result of your order. Payment methods and terms will be specified during the checkout process.
3.3 Delivery: We will make reasonable efforts to deliver products within the estimated timeframe, but we do not guarantee delivery dates or times. Delivery may be subject to additional terms and conditions, which will be communicated to you at the time of purchase.
4. Limitation of Liability
4.1 Disclaimer: The Platform is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the Platform or its content. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2 Limitation of Liability: In no event shall The Food Company or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Platform or the inability to use the Platform, whether based on contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.
5. Governing Law and Dispute Resolution
5.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Gangtok Jurisdiction, without regard to its conflict of laws principles.
5.2 Dispute Resolution: Any dispute arising out of or relating to these Terms and Conditions shall be resolved through negotiation in good faith. If the parties are unable to reach a resolution, the dispute may be submitted to mediation or binding arbitration in accordance with the rules of the state of Sikkim, India. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the dispute.
6. Amendments
We reserve the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after the posting of changes constitutes your acceptance of the revised Terms and Conditions.
7. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intention underlying the invalid or unenforceable provision.
8. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at hello@thefoodcompany.co.in.
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.