Terms & Conditions

General Website Terms and Conditions

This Terms and Conditions (“Terms”) are published by Tata SmartFoodz Limited (CIN: U15549MH2017PLC301841) a company incorporated under the Companies Act, 2013 and having its registered office at Godrej Bhavan, 4th Floor, 4A Home Street, Fort, Mumbai-400001, Maharashtra, India (“TSFL”). The User (as defined below) shall be deemed to have accepted these Terms on continuing to use the Website (as defined below). Upon such confirmation, these Terms come into effect and be held to be a valid agreement between TSFL and the User.
By mere use of the Website, the User shall be deemed to have accepted these Terms including the policies.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of these Terms, wherever the context so requires, the term:

• –  “Applicable Laws” shall include all laws, statutes, ordinance, regulations, guidelines, policies and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of India.
• –  “Content” shall include without limitation, data text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data.
• –  “Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society or other entity (whether or not having a separate legal personality).
• –  “Product Information” means the details of the products available on the Website in different variations for the knowledge of the User; [Note: Please edit/ modify the description of the Website.]
• –  “User/ you” shall mean any individual or natural person who accesses the Website and/or accepts these Terms and who seeks to avail the Product Information of TSFL. Nothing in these Terms shall be deemed to confer any third – party rights or benefits.
• –  “User Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through or their TSFL profile, including but not limited to, images, photos, documents and contact details saved therein by the User, profile information, and any other Content or information that User stores or makes available on the Website.

Description of the Website

• 1.1  This official Website of TSFL has been developed to provide general public information for the products of TSFL which are food products including ready to eat vegetarian and non-vegetarian products (“Products”). The documents and information displayed on this Website are for reference and information purposes only. [Note: Please insert more details about use of the Website and the information available on it.]
• 1.2  Users are advised to read the Terms carefully before proceeding. Users are advised to refrain from using or accessing the Website, if they do not agree with the Terms. By impliedly or expressly accepting these Terms, the User also accepts and agrees to be bound by all TSFL’s policies (including but not limited to Privacy Policy available on [insert hyperlink] as amended from time to time)
• 1.3  TSFL provides the content on this Website (the “Website”) subject to the following Terms. While TSFL attempts to keep its web information accurate and timely, it neither guarantees nor endorses the content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on this Website or any other server. TSFL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to the User, so the User should re-appraise themselves of the Terms periodically. Unless explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to these Terms.
• 1.4  Commercial use of web materials without the written consent of TSFL is prohibited.

Eligibility

Where any person under the age of 18 or otherwise not competent to contract attempts to use the Website, TSFL reserves the right to refuse to provide such person with access to the Website if it is brought to TSFL’s notice or if it is discovered that such User is not eligible to use the Website.

General Use of the Website

• 3.1  User agrees, undertakes and confirms that its use of the Website shall be strictly governed by the binding principles contained herein below. The User shall not host, display, upload, modify, transmit, update or share any information that:
• • 3.1.1  belongs to another person and to which User does not have any right to;
  • 3.1.2  is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • 3.1.3  is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” under Applicable Laws;
  • 3.1.4  is misleading in any way;
  • 3.1.5  harasses or advocates harassment of another person;
  • 3.1.6  involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • 3.1.7  infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
  • 3.1.8  promotes an illegal or unauthorized copy of another Person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or some other Person’s database or proprietary information;
  • 3.1.9  refers to any website or mobile application or URL that, in TSFL’s sole discretion, contains material that is inappropriate for the Website or any other website or mobile application or URL, contains content that would be prohibited or violates the letter or spirit of these Terms;
  • 3.1.10  harms minors in any way;
  • 3.1.11  creates any liability for TSFL or causes TSFL to lose (in whole or in part) the services of its internet service provider (“ISPs”) or other clients or suppliers.
• 3.2  User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. TSFL reserves its right to bar any such activity
• 3.3  User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, password “mining” or any other illegitimate means.
• 3.4  User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or information made available through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.
• 3.5  User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about TSFL, the Website or the brand name or domain name used by TSFL, including the term “TATA Q” or otherwise engage in any conduct or action that might tarnish the image or reputation, of TSFL or otherwise tarnish or dilute any of TSFL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by TSFL. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TSFL’s systems or networks, or any systems or networks connected to TSFL.
• 3.6  User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or with any other person’s use of the Website.
• 3.7  User may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to TSFL on or through the Website. User may not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.
• 3.8  User may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of TSFL and/ or others.
• 3.9  User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to income tax, goods and service tax, central excise, custom duty, local levies) regarding the User’s use of the Website.
• 3.10  Solely to enable TSFL to use the User Content supplied to it by the User and to ensure that TSFL is not in violation of any rights the User may have in the User Content, the User agrees to grant TSFL 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 the User has in the User Content, in any media now known or not currently known. TSFL will only use User information in accordance with the Terms and Privacy Policy applicable to use of the Website.
• 3.11  User understands that TSFL has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website, its location, its friends, etc.) 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 summons. In addition, TSFL can (and the User hereby expressly authorizes TSFL to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as TSFL, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• 3.12  User acknowledges that TSFL is required to report cyber security incidents related information with appropriate authority, such as their identity, location, friends, etc. and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.
• 3.13  User acknowledges and agrees that it shall at all times respect the privacy of other users of the Website.
• 3.14  TSFL shall have the right to remove or edit any User Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, User remains solely responsible for the User Content of the materials it posts on the Website. Users are advised that such User Content posted does not necessarily reflect TSFL’s views. In no event shall TSFL assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/ or appearance of User Content on the Website. User hereby represents and warrants that it has all necessary rights in and to all User Content which it provides 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. User agrees and acknowledges that it shall assume all the risks associated with the User Content, including but not limited to anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the User of information in User Content that makes it personally identifiable.
• 3.15  Any software that is available on the Website is the property of TSFL. Users may not use, download or install any software available on the Website, unless otherwise expressly permitted by these Terms or by the express written consent of TSFL.
• 3.16  In case a person using the world wide web/internet receives a spam or virus which includes a link to the Website or to any other site maintained, operated or owned by TSFL, it should not be held responsible for the same. TSFL assumes no responsibility for such mails.

  Collection of Personal Data

• 4.1  By mere use of the Website, the User authorizes TSFL to collect information that can be used to identify or contact a single person (including but not limited to, name, contact preference, telephone number, mailing address, e-mail address, location tracking, etc.) (“Personal Information”) and other non-Personal Information about the User and use and/or disclose the same if TSFL believes that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions, including investigation of potential violations thereof, or (d) protect against harm to the rights or properties of TSFL, its users or the public as required or permitted by law, (e) to protect TSFL against third-party claims. TSFL may also provide and/or disclose such information to any other trusted businesses or persons for the purpose of processing Personal Information on behalf of TSFL. TSFL shall however, not be liable for any misuse of any Personal or non-Personal Information of the User by any third party.
• 4.2  The User agrees that the information provided on the Website may be stored, processed and transmitted manually/electronically by TSFL. The User also agrees to provide accurate information on the Website and shall be liable for any damages and disputes arising due to the inaccuracy of the information.

  Copyright, Trademark and Restriction

• 5.1  All material of, or contained on the Website, including but not limited to text, design, graphics, interfaces, artworks or computer code(s) and the selection, structure, co-ordination, expression, the look, feel and arrangements of the content on the Website (hereinafter referred to as “Materials”) , images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights are properties either owned by or licenced to TSFL. The names including website are owned by or licensed to TSFL and logos and all related product and service names, design marks and slogans are the trademarks or service marks of TSFL its affiliates, its partners or its suppliers. The use of the Materials or any other content on this Website, except as provided in these Terms , is strictly prohibited.
• 5.2  The User must not sell or modify the content of this Website or copy, reproduce, display, publicly perform, republish, upload, post, transmit , distribute, or otherwise use such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so, for any public or commercial purpose.
• 5.3  A single copy of the Materials may be downloaded or otherwise copied from this Website for your own personal, non-commercial use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of this Website in any way is strictly prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of TSFL.

  Hyperlinks to Third Party Websites

• 6.1  This Website may contain hyperlinks to content that belong to third parties (“Third Party Content”). TSFL is not responsible and assumes no responsibility for any Third Party Content, or for any potential damage arising out of or in connection with the use of such Third Party Content. Access to any Third Party Content at the User’s own risk.
• 6.2  User’s use of such Third Party Content shall be governed by the terms and conditions of use and privacy policy applicable to the corresponding third party. TSFL may obtain publicly available data, such as, business addresses, phone numbers, other contact information etc. available from such third parties. However, TSFL does not control, represent or endorse the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to the Website.
• 6.3  TSFL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Third Party Content accessible on the Website. Further, TSFL may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Content included/linked to the Website, wherever deemed appropriate by TSFL, but shall not be liable for any delay or inaccuracies related to such updates.
• 6.4   TSFL does not endorse any advertising, products or other materials on or available from such third parties and assumes no responsibility or liability for any Third Party Content. Third Party Content does not reflect the views of TSFL or that of TSFL’s parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.

  Disclaimer of Liability and Consequential Damages

• 7.1  ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TSFL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE CONTENT OF THE WEBSITE OR THAT THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL TSFL OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF TSFL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
• 7.2  USERS ARE ADVISED TO VIEW THE SALES PACK FOR PRODUCT DETAILS AS THE SAME MAY HAVE MINOR VARIATIONS OR OTHER EXPLAINATIONS THAT ARE PRESENTLY NOT AVAILABLE ON THE WEBSITE.
• 7.3  PRIOR TO CONSUMPTION OF ANY PRODUCT USERS ARE CAUTIONED TO CHECK EXPIRY DATES AND CRITICAL INFORMATION SUCH AS ALLERGY RELATED INFORMATION. TFSL DOES NOT ASSUME ANY LIABILITY IN THE EVENT ANY USER CONSUMES ANY PROUCT NOT SUITABLE TO SUCH USER.
• 7.4  TFSL DOES NOT PROVIDE ANY GUARANTEE IF CONTINUATION OF THE PRODUCTS AND MAY CHOOSE TO DISCONTINUE A PRODUCT OR LINE OF PRODUCTS WITHOUT ANY NOTICE.

Remedy

Termination or expiration of these Terms, in part or in whole, shall not limit TSFL from pursuing other remedies available to it, nor shall TSFL be liable to the User for any damages resulting solely from termination as permitted herein.
Indemnity

As a condition of its use of this Website, User shall indemnify and hold harmless TSFL, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law

The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
Jurisdiction for Dispute Resolution

Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or TSFL, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the jurisdiction of the courts at Mumbai.
Contact Us

Please send any questions or comments (including all inquiries related to trademark/ copyright infringement) regarding the Website or the Products to [insert].
Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: