Welcome to Foodviva.com (the “website”). Please read the following Terms and Conditions of service that you agree to, when you access Foodviva.com. For the purposes of this Agreement, “Foodviva” means Foodviva.com.
By accessing any page of the website and/or using the services, you agree to be bound by these terms and conditions and other applicable law without limitation or qualification. If you do not accept these terms and conditions, please immediately discontinue your access to the website and/or use of the services.
Foodviva or its affiliates or licensors solely and exclusively own all rights, title and interest in all website materials, including, without limitation, the Foodviva logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”).
II. Website Usage
Other prohibited uses include:
i) Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the website Content for any purpose without the express written permission of Foodviva. Notwithstanding the foregoing, Foodviva grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
“Foodviva,” “Foodviva,” and other trademarks on this website are trademarks of Foodviva or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Foodviva. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Foodviva, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Foodviva. All other trademarks, registered trademarks, product names and company names or logos mentioned on the website are the property of their respective owners.
Foodviva might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the website. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Warranty Disclaimer This website and the content available on it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, and you agree use of this website and/or its content is at your sole risk. Foodviva disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Foodviva does not represent or warrant materials on this website are accurate, complete, reliable, current, or error-free. Foodviva does not represent or warrant this website or its server(s) are free of viruses or other harmful components. You acknowledge your use of the website and content is at your sole risk.
Foodviva reserves the right to change any and all Content contained on this website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Foodviva.
Limitation of Liability
In no event shall Foodviva or its affiliates, or any of their officers, directors, employees, agents, or suppliers be liable for any direct, special, incidental, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of, or inability to use, this website or content contained on, or accessed through, this website, even if Foodviva has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.
These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Foodviva without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Foodviva may deliver notice to you by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to Foodviva.
Your use of this website shall be governed in all respects by the laws of the state of India without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Foodviva products) shall be in the courts located in Vapi, Gujarat, India. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Foodviva products) must be commenced within one (1) month after the claim or cause of action arises. Foodviva’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Foodviva may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Foodviva or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Foodviva does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, Foodviva is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Foodviva reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Foodviva in its sole discretion.
You agree to indemnify, defend, and hold harmless Foodviva, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
In an attempt to provide increased value to our visitors, Foodviva may link to websites operated by third parties. However, even if the third party is affiliated with Foodviva, Foodviva has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Foodviva. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Foodviva seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).