Terms & Conditions

We take your privacy and security very seriously, and aim to be transparent in informing you how we use your data and provide our services to you. You can understand our policies below, and we welcome feedback at shop@archanaskitchen.com

TERMS OF USE

1. Introduction

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name archanaskitchen.com and all its subdomains (hereinafter referred to as the “Website”) is licensed by Archana’s Kitchen Food Products Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Doddanekundi, Bangalore 560 037 (hereinafter referred to as the “AKFoods”)

For the purpose of these Terms of Use, wherever the context so requires,

1. The term "You", “Your” and other cognate expressions shall refer to the user of the Website.
2. The term "We", "Us", "Our" and other cognate expressions shall mean AKFoods and its representatives.
3. The AKFoods reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use (“the Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, the AKFoods grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.  
4. These Terms shall continue to be in full force and effect as long as You access and use the Website.
5. You are advised to read these Terms of Use carefully before using the Website. Once you start and continue using the Website, it is deemed that you have accepted these Terms of Use and it will be a legally binding agreement between You and Us and you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by Us, and they shall be deemed to be incorporated into this Terms of Use and shall be considered a part and parcel of this Terms of Use.  You acknowledge that We have provided you with a reasonable opportunity to review the Terms of Use before using the Website.
6. We May Discontinue or Suspend our Website or Terminate Your Use. We reserve the right at any time and from time to time and for any reason whatsoever to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice. You agree that We shall not be liable to You or any third party for any such modification, suspension or discontinuance of our Website. In addition, We reserve the right to terminate Your access to our Website for any reason whatsoever, and to take any other actions that We, in our sole discretion, believe to be in Our interest and the interest of Our users as a whole

2. Membership Eligibility

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. AKFoods reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to AKFoods notice or if it is discovered that such person is not eligible to use the Website.

3. Account  and Registration Obligations

• "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. AKFoods shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately through the address provided below. If AKFoods has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to AKFoods. 
• You also agree to: Provide true, accurate, current and complete information about yourself in the Website registration form (such information being the "Registration Data"), maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if AKFoods has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, AKFoods has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

4. Usernames/Passwords

The confidentiality of your username and password is to be maintained by you and in case of any misappropriation or unauthorised access of the Account you agree to communicate the same promptly to AKFoods. Any information regarding this will be sent to the e-mail address which was used at the time of sign up.

5. Cancellation by Website

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.

6. Customer Order Cancellation

We will be unable to cancel the order, once it has been placed on the website.

7. Returns and Return Shipping

Since these are food items, the products cannot be returned and no refund will be processed.

In case of any issues, please email us at: shop@archanaskitchen.com 

8. Offers, Discounts, Codes & Program’s

You agree, understand and confirm that no two offers can be used simultaneously on the Website. Also, when the prices are reduced by way of a sale, no offer, code or program’s will be applicable. In other words, offers, discounts, codes and programs are individually applicable only on MRP unless explicitly allowed by the Website.

9. Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on the Website. Your credit card information never reaches the Website, we just get a pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or the Website with any of the third parties unless required for fraud verifications or by law, regulation or court order. AKFoods will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

10. Fraudulent / Declined Transactions

We as a merchant AKFoods shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

11. Agreement to Receive Mails & Phone calls

You hereby by way of accepting these Terms consent to the receipt of communication from us by way of emails, newsletters, WhatsApp messages & Phone calls.

12. Links to Third Party Websites/ Social Media

The Website may contain links and interactive functionality interacting with the websites of third parties or social media. AKFoods is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website or social media. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website or social media, AKFoods strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website or social media.

13. Use of the Website

You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person or entity and to which you do not have any right.

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

• is misleading in any way.

• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

• 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, e-mail address, physical address or phone number) or rights of publicity.

• provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.

• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.

• engages in commercial activities without AKFoods prior written consent such as engages in contests, sweepstakes, barter, advertising etc.

• interferes with another user’s use of the Website.

• refers to any website or URL that, in AKFoods sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

• contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

14. Your Reviews

• The Website may allow you to post certain content, data or information of your own, such as reviewing a product. We are allowing you to share your experience and views about a particular product, post your comments and reviews in relation to products on the Website on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to AKFoods using the Website (collectively referred to "User Content").

• You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that AKFoods does not endorse any User Content on the Website and is not responsible or liable for any User Content. AKFoods reserves the right to disable access to the User Content on the Website.

• You hereby grant AKFoods a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivative works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.

• You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

15. Limitation of Liability

You hereby acknowledge that AKFoods shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. AKFoods shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.

16. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY AKFoods ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. AKFoods MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. AKFoods SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. AKFoods WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WE SITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, AKFoods DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

17. Indemnification

You shall indemnify and hold harmless AKFoods, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

18. Content and Intellectual Property Rights

AKFoods solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Services and Contents and is protected under Indian law.

You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of AKFoods during and after the term of this agreement. You may not selectively download portions of the website without retaining the copyright notices. You may download material from the website only for your own personal use and for no commercial purposes whatsoever.

Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.

19. Termination of Access to your Services

The Account can be terminated at any time by:

• You by ceasing to use the Website.

• AKFoods, in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of Services. You acknowledge that the termination of services may be affected without any prior notice, and AKFoods may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the services. Further, you agree that AKFoods shall not be liable for any discontinuation or termination of services by any third party.

20. Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.

21. Governing Law

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India.

22. Grievance Redressal Mechanism

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Name: Mrs. Archana Doshi,

E-mail: help@archanaskitchen.com

23. How to Contact Us

If you have questions or concerns about this Policy, please contact us at shop@archanaskitchen.com.