PLEASE READ THIS TERMS and CONDITIONS OF SERVICE CAREFULLY. BY USING THIS WEBSITE/APP OR ORDERING PRODUCTS FROM THIS WEBSITE/APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms and Conditions of Service Agreement (the "Agreement") governs your use of this Website/App, MyAzad ("Business Name") offer of products for purchase on this Website/App, or your purchase of products available on this Website/App. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. MyAzad reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website/App. MyAzad will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website/App. Your use of the Website/App following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MyAzad encourages you to review this Agreement whenever you visit the Website/App to make sure that you understand the terms and conditions governing use of the Website/App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with MyAzad for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website/App. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website/App offers for Food Products (the "Products"). By placing an order for Products through this Website/App, you agree to the terms set forth in this Agreement.
II. WEBSITE/APP
Content; Intellectual Property; MyAzad does create the content on this Website/App, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website/App is for personal, noncommercial use. Any links to third-party Website/Apps are provided solely as a convenience to you. MyAzad does not endorse the contents on any such third-party Website/Apps. MyAzad is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Website/Apps. If you link to third-party Website/Apps, you do so at your own risk.
Use of Website/App; MyAzad is not responsible for any damages resulting from use of this Website/App by anyone. You will not use the Website/App for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website/App (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website/App by other users, (3) not resell material on the Website/App, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website/App
License. By using this Website/App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website/App in connection with your normal, noncommercial, use of the Website/App. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from MyAzad or the applicable third party (if third party content is at issue).
III. LIMITATION OF LIABILITY
MyAzad ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE/APP CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID.
MyAzad WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE/APP CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE/APP; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IV. INDEMNIFICATION
You will release, indemnify, defend and hold harmless MyAzad, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website/App content or your use of the Website/App content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to MyAzad. When MyAzad is threatened with suit or sued by a third party, MyAzad may seek written assurances from you concerning your promise to indemnify MyAzad; your failure to provide such assurances may be considered by MyAzad to be a material breach of this Agreement. MyAzad will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website/App content or Products, with counsel of MyAzad choice at its expense. MyAzad will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend MyAzad against any claim, but you must receive MyAzad prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website/App or Products.
V. PRIVACY
MyAzad believes strongly in protecting user privacy. Please refer to MyAzad privacy policy, incorporated by reference herein, that is posted on the Website/App.
VI. AGREEMENT TO BE BOUND
By using this Website/App or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website/App.
VIII. GENERAL
Force Majeure. MyAzad will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. MyAzad may at any time, in its sole discretion and without advance notice to you, cease operation of the Website/App and distribution of the Products.
Governing Law; This Website/App originates from the Trivandrum, Kerala India. This Agreement will be governed by the laws of the State of India without regard to its conflict of law principles to the contrary. Neither you nor MyAzad will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Kerala. By using this Website/App or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/App or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Termination. MyAzad reserves the right to terminate your access to the Website/App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website/App and MyAzad may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website/App is terminated, MyAzad reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website/App. This Agreement will survive indefinitely unless and until MyAzad chooses, in its sole discretion and without advance to you, to terminate it.