TERMS AND CONDITIONS

Introduction:
The following terms and conditions regulate the use of this website i.e. ……………………. (“website”). By continuing to use the website, you agree that you have read, understood and are bound by the terms and conditions specified herein. If you disagree with these terms and conditions or any part thereof, you must not continue to use this website. For the purpose of these terms and conditions, the terms, “we”, “our”, “us”, “Tata Consumer Products Limited/Ltd.” refers to the owner of the website and the terms "you", "your”, “customer”, refers to the customer/ consumer of the website.

Services overview:
The website  is operated by Tata Consumer Products Ltd. The website is an online store which provides an online shopping and delivery service for packaged foods products and such other products as we may add or list in the website marketed by us and/or our business partners.

Eligibility criteria:
The use of this website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under provisions of the Indian Contract Act 1872. By continuing to use this website, you represent that you are not a minor [i.e. below 18 years of age]. If you are a minor and wish to transact or use the website, it must be done under the supervision of a parent or legal guardian provided that such a parent or guardian accepts and abide by the terms and conditions.

Account password and security:
The customer may be required to register and login for placing orders from the website. The customer should take all the necessary measures for maintaining the privacy of the password created upon registration and shall also remain responsible for all the activities that occur under the customer’s account. The customer agrees to immediately notify us of any unauthorized use of the account or password. In case of any damage or loss arising out of customer’s failure to comply with this provision, we shall not be held liable.

Pricing and terms of payment:
All the products listed on our website shall be sold at the prices mentioned on the website or at such rate as been fixed by us. All the prices are in Indian currency (i.e. Indian Rupee). Unless otherwise specified, the prices cited on the website are exclusive of shipping charges and delivery charges and GST, if applicable. The customer agrees to pay for shipping or delivery charges which shall be added to the quoted price upon placing of the order. We reserve the right to notify the customer of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event, if the customer chooses to continue with fulfillment of the order, the customer acknowledges that the product or service shall be provided in accordance with such revised description and/or corrected revised pricing. Generally, the prices of the commodities shall not fluctuate on a daily basis, but in case of any change in price, we shall endeavour to automatically update the same  on the website at our earliest, without any prior intimation. However, the prices of some featured items might change regularly and if such changes arise after the dispatch of your order, then it will not affect the customer's original purchase price as the customer is not liable to pay the revised price, unless the revised price has effected due to change in tax structure/liability. We reserve all the rights to change the prices or manner or timelines of delivering the product at our discretion. Owing to circumstances like increase in the cost of materials, labour, delivery charges or increase in tax, duty or levy or any variation in exchange rates,  we reserve the right to revise the prices and/or to withdraw the discounts, if any. While placing the order, the payment shall be made as per the indicated method on the website and such payment shall be unconditional and irrevocable.

Customer’s representation: 
The customer represents that all the information provided by the customer during the registration or while placing the order is up to date, correct and sufficient for fulfilment of the order. Unless agreed otherwise, any warranties provided in relation to products shall extend only to you on the understanding that you are a customer and not a reseller of those products. Some of the customer’s may be allergic to or may have certain medical conditions which may require them to avoid or restrict consumption of certain products and/or ingredients, it is expected that the customer shall ensure to go through the list of ingredients and/or the product information before buying and/or consuming the same. We shall not be held responsible for any kind of reaction/allergy that occurs because of your use/consumption of any product listed on the website. Also note that we shall not be held responsible if any health-related problem occurs due to consumption of any product from the said website.

Unauthorized or fraudulent use:
As already mentioned in clause 3 of these terms and conditions, the use of the website is limited to the person who is of 18 years of age or above. By continuing to use the website, the customer guarantees that he/she is 18 years of age or above. A person less than 18 years of age can access the websit as per the condition mentioned in clause 3 of these terms and conditions. Using of the website without compliance to this provision shall be deemed as an unauthorised use of the website. Promotional offers may be extended to the existing or potential customers at regular intervals and the customer agrees to adhere to the terms and conditions of such offer. Non-adherence of such terms and conditions while purchasing the products or accessing the website shall be regarded as a fraudulent use by the customer and the customer shall be held responsible for all the damages which may occur due to such fraudulent use. 

Customer conduct and rules (general):
  1. The customer undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivatives, sell, lease, translate, decompile or otherwise exploit the website or any portion thereof, by any means, unless otherwise provided.
  2. The customer undertakes not to post or publish any information on to the website that is abusive, defamatory, threatening, obscene, indecent, disparaging, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.
  3. The customer warrants not to upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.
  4. The customer agrees not to violate, abuse, manipulate or exploit any of these terms and conditions, any policy or other guideline as provided under the website. The user undertakes not to make any defamatory, derogatory, abusive, inappropriate, indecent comment, disparaging statement or claim about us and/or our websites or our associates and partners on any property owned by us.
  5. The customer shall not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this website. We shall not be liable to the customer nor shall be held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, epidemic, pandemic, lockdown, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event, we may elect to cancel your order and refund any payments made or may delay the delivery of the order, if required.

Links to 3rd party sites:
We may contain links to websites operated by other companies (third party sites). The customer's use of such third party websites are not governed by these terms and conditions. The third party websites are not controlled by us and therefore we are not responsible for the contents of any linked website. These links are provided to the customer only as a convenience and the inclusion of any link does not imply any endorsement by us.

Disclaimer:
Endeavours shall be made by us to ensure that the information provided on the website is correct. We makes no representations about the suitability, reliability, availability, quality, accuracy or completeness of any data, information, product or service.  Ours is a brand platform. We does not warrant that the functions provided by us will be uninterrupted or error free or that We or the server that makes it available are free from viruses or other harmful components. We shall not be held liable for any punitive or consequential damages arising out of customer’s use or inability to use the website.

Objectionable material:
There may be some instances, where customers may likely to encounter contents which are offensive, indecent or objectionable to some person (the contents may or may not be identified as such). The customer agrees to use the website or such content at his/her sole risk and we shall not be held liable for the contents that appear objectionable or indecent to you.

Reviews, feedback and comments:
The customer has the right to give us a review, feedback, comments or suggestions on the website. The reviews or comments posted on the website are not confidential and are the property of Tata Consumer Products Limited. The customer agrees to grant us the right to use, copy, distribute, display, make derivative, and/or modify their posted reviews and comments without any restriction. The customer also agrees to grant  us the right to use the name that has been submitted with the reviews or comments, in connection with such review or comment. Further the customer agrees that the comments or reviews posted by the customer shall not violate the Our policy or any other person’s rights. The customer agrees not to post comments or reviews that contain any illegal, scandalous, offensive, obscene, disparaging, or threatening material.

Termination:
We reserves the right to suspend or terminate any the customer's use of the website without giving prior notice, if we finds that the customer has violated any of these terms and conditions, policies or guidelines.

Modification of terms and conditions:
We reserves the right to revise these terms and conditions from time to time without notifying the customer. The revised terms and conditions would be applicable from the date on which the revised terms and conditions are published/uploaded on the website. The customer should regularly review the terms and conditions on the website. In the event the modified terms and conditions are not acceptable, the customer should discontinue using the website. However, if the customer continues to use the service on the website, then the customer shall be deemed to have agreed to accept and abide by the modified terms and conditions for use of this website.

Indemnification:
The customer agrees to indemnify, defend, and hold harmless Us for any losses, costs, expenses, suits, proceedings (including reasonable attorney fees), or any other liability including any third-party claims relating to or arising out of (i) customer's use of or inability to the use or unauthorized use of the website; or (ii), customer's violation of any of these terms and conditions and any of our policies; or (iii) violation of any applicable law, rules, regulations; or (iv) infringement of intellectual property rights of a third party; or (v) submission /uploading of any illegal, scandalous, offensive, obscene, disparaging or threatening material on the website

Severability:
If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.

Governing law:
These terms and conditions shall be governed in accordance with the laws of India. The courts located in Bengaluru, Karnataka shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with these terms and conditions.

Infringement policy:
The use or access of the website by you does not grant any right, title or Interest in the content or any materials published or displayed on the said website upon you. 
All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc., displayed on our website is the exclusive property of Tata Consumer Products Ltd., and we reserve all the intellectual property rights in those contents. Customers' agree not to use, reproduce, sell, transmit or create derivate work or distribute any content from the website belonging to Tata Consumer Products Ltd. Use of the website does not entitle the customer to make any unauthorised use of any protected content. Customer may use the protected content solely for personal use and will make no other use of the content without prior express written permission of Tata Consumer Products Ltd. Access to the website does not grant the customer any license, express or implied, to the intellectual property of Tata Consumer Products Ltd. or its licensors.

Tata Consumer Products Ltd. respects the intellectual property right of others. In case you find that any contents displayed in the website infringes a copyright, patent, design or trademark, then consumer shall intimate send Us to that effect with the following details.

#1  The user’s contact information including user’s name, address, telephone number and email address.
#2  A digital or electronic signature of the person authorised to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
#3  The alleged subject matter of the infringement and its location on the website. The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
#4  A statement that the notifying person believes in good faith that the alleged subject matter is infringing other person’s right.
The above information is necessary for Us in order to verify the genuineness of the claim and to investigate upon the matter. After investigation, if it appears that the claims are not merit-less, then we would remove the alleged subject matter and disable the access to such.

Contact
If you have any queries, grievances, feedback or suggestions, please feel free to contact us at care@eightoclock.co.in