TERMS AND CONDITIONS
Effective date: February 6, 2024
Terms and Conditions
Introduction
Mahabhoj Palace (the “Website Owner”) operates the website mahabhoj.shop (the “Website”). The Website Owner, including affiliates (or “we” or “us” or “our” or “Mahabhoj palace”) provides the information contained on this Website or any of the pages comprising the Website to visitors (“Visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these Website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the “Agreement”). This Agreement is made between you and us.
Website Availability
Mahabhoj Palace may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
Frugivore reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
In the event that Frugivore, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Frugivore reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, initiating legal proceedings.
Your Status:
By placing an order to purchase Products (Order) through the Website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
The Contract Between You And Mahabhoj:
After placing an Order, you will receive an email from Frugivore acknowledging that Mahabhoj has received your order. Please note that this does not mean that your Order has been accepted. All orders are subject to availability of the items that are ordered, and Mahabhoj will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (out for delivery confirmation). The contract between Mahabhoj and you (Contract) will only be formed when Mahabhoj sends you the dispatch confirmation.
Each Contract relates only to those Products whose dispatch Mahabhoj has confirmed in the dispatch confirmation. Frugivore shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a dispatch confirmation.
For the avoidance of doubt, your contract with Frugivore relates only to your use of the Website and the services available therein.
Credit Card or Debit Card Payments:
We have built in relevant security systems on the website based on the prevalent industry standards. Out payment systems are managed by third party payment gateways (phonepe), which are a reputed and renowned manager of payment gateways with the relevant security checks built-in. Payments are made only after a multiple level check including encryption and passwords. In a card transaction, you must use your own credit card or debit card or other payment cards. We will not be liable for any payment fraud due to use of your card by any other person, whether known or unknown to you. The liability for use of a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
Trademarks:
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner and the suppliers of the products listed on the Website. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.
External Links:
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us at customercare@mahabhoj.shop if you would like to link to this website or would like to request a link to your website.
Specific Use:
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby INDEMNIFY the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website.
Delivery:
Both parties agree and confirm that:
i)in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or phone number or any other wrong information) Frugivore shall not be obligated to attempt re-delivery. However, if in good faith/upon request from you, we do attempt redelivery, you agree and undertake to bear the additional costs incurred by us for the proposed redelivery – including the cost of delivery and the value of items which are spoiled due to perishable or delicate nature of product being delivered and multiple handlings. Further, if a re-delivery means any extra costs are incurred by us, in addition to the amount you have already paid, you warrant to make such additional payment promptly upon request made by us.
ii)in the event that a non-delivery or delayed delivery occurs on account of a force majeure event,riots, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire, flood, tempest, earthquake, civil commotion, traffic jams, heavy rains or storm, barricading, curfew, traffic restrictions, transport strike, governmental action or other causes, which are beyond the control of one party, other party shall not be entitled to any claim for damages against the other in respect of such non-delivery or delay in delivery.
- in the event that a partial or full, non-delivery or delayed delivery occurs on account of a decision or mistake on our part, to that extent of missed or delayed delivery, you shall not be obligated to pay (for non-delivery) and not obligatedto accept the delivery (for delayed delivery). If you have already made payment for a delivery which is missed due to an act on our part, and you choose not to receive a re-delivery or a delayed delivery or an equivalent credit to your e-wallet, we shall refund that amount to the source of payment within 07 working days.
Mahabhoj Returns Policy:
It is our sincere endeavor to serve you with good quality products. If you happen to receive a defective product at the time of delivery, you can refuse the products at the time of delivery and get refund to the e-wallet or refund to the source,at your option. If you notice a defect or deficiency in a product after delivery has been accepted by you, you can raise a return or replacement request by sending an email to customcare@mahabhoj.store or by clicking on the “complaints/suggestions” button in the “my orders” page in “my account” section of our website, within the timelines specifically defined in our Cancellations and Returns policy. The request received after the applicable periods will not be entertained. For returns initiated within the allowed period, we will refund the amount to e-wallet or to the original payment source within 07(seven) working days.
Limitation of Liability:
The aggregate liability of the website ownersand its directors, officers, employees, agents, sub-contractors,to the user of the website in respect of any claims, losses, costs or damages arising out of the sale of products or services on the website shall not exceed the total amount of payment received from a user. In the event of our product or services being found defective we are liable to make good any actual and direct loss for the amount paid by you to us and under no circumstance shall we be liable for any indirect, consequential, special or exemplary damages or losses. No liability shall be admissible towards the claims arising out of any alleged bodily injury, disease, sickness orindisposition of any individuals as a result of the possession orconsumption or use of any product sold through our website.
Product Recall:
If the website owners, in good faith decide to recall a product due to an actual product defect, a perceived product defect, intended product improvements, in response to consumer complaints or any other reasons whatsoever, then the buyer of those products shall be intimated via email or message or phone call. It shall be at full discretion of the purchaser whether he or she chooses to respond to a product recall notice and whether to return the product or not. If the purchaser chooses to return the product he or she shall receive full refund or credit to their e-wallet or replacement for the amount spent including the purchase, delivery, pick-up or any associated charges. If the customer chooses not to respond to the recall notice or is unable to respond to recall by virtue of having already used the product, then such user shall not be eligible for any refunds.Irrespective of whether the user chooses to return the product(s) in question or not, the Company’soverall liability shall remain limited by the total amount actually paid by the customer as described in clause “Limitation of Liability” hereinabove.
Best Before Date for Fresh products:
The primary purpose of the website is to sell to our consumers good quality food products including fresh (fresh fruits, vegetables, dairy, meat and related products), near-fresh food products (example cut or washed vegetables, cold pressed juices etc.) and other food products. As the user might be aware,fresh food products are subject to perishability within a relatively short shelf life. There are guidelines regarding their consumption prior to a mentioned “best before date” and the applicable storage conditions. Owing to the fact that the fresh products are natural products, which are subject to natural processes and phenomena, which are, not comprehensively enlisted,not completely understoodand not fully controllable,fresh products may change some of their characteristics like colour, taste, texture or freshness and may become unfit for consumption even prior to the suggested best before date. On the other hand, a product past its “best before date” mentioned on the packaging, may lose some or all of its freshness, taste, aroma or nutrients. It may be unfit or unsafe to eat but not necessarily so.We have not conducted any research & development to arrive at a scientifically accurate “best before date”for the fresh products. The “best before date” mentioned on our fresh product packages has been mentioned, in good faith,to help you decide the duration during which the product remains consumable, based on our best estimates of shelf life duration after which a product might not remain fit for consumption, if and only if, the advised storage conditions (temperature, moisture etc) have been strictly followed. However, you should consume a fresh product,even before its “best before date”, relying on your own senses (smell, sight, taste, touch etc.) and not indiscriminately relying on the mentioned “best before date” on the package. You should consume a fresh product being fully aware that the ultimate responsibility to decide whether to consume or when to consume a fresh product lies with yourself. This advice is not meant to absolve us of our commitment to deliver good quality products to you and if you find that a product has been delivered to you in a defective or deteriorated state, we commit to either refund the amount paid or give you an equivalent credit in your e-wallet, at your choice. Any such issue has to be highlighted at the time of delivery or immediately after the delivery more fully described in our Cancellations and Returns Policy.
Claimed or Actual Health Benefits of Products:
The products marketed and sold on the website may mention certain health benefits by therespective manufacturers, suppliers, importers or distributors of those products. Further, certain natural products have perceived health benefits which are prevalent common beliefs (Example: Amla/Indian gooseberry boosts immunity) supported by various media, web forums, blogs and publications. Any such claims have not been independently verified by us and we don’t undertake any responsibility for the accuracy or truth of such claims. User of the website should do their own independent research to reach at the conclusion of health benefits of any productwhether natural or processed.
Perceived or Actual health risks of the products:
The products marketed and sold on the website may pose health risks for individual based on their gender, age groups, health conditions, category (ex: pregnant women) or individuals suffering from certain allergies or diseases. Such individuals have to do their own research and consult their own sources of advice whether to consume any one or more products listed on the website. No specific health warnings have been mentioned against the individual products for any unsuitability or risks associated with their consumption. Any such risks have neither been researched by us nor published on the website. User of the website should do their own independent research to reach at the conclusion of health benefits of any product whether natural or processed. For example: if Mango is unfit for diabetic patient of a certain type and age – it will NOT be mentioned against the product “mango” being sold on website and the individuals buying the Mango are expected to know the risks and suitability of its consumption.
No Commercial Use:
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
Visitor Registration:
Visitors will need to register with the Website in order to use some of the services or features made available on this Website. When you register, you are required to provide information about yourself that is current and complete for the purpose for which it is sought (example: your delivery address and your phone numbers). Should any of your registration information change, please notify us immediately either using the Website’s automated service, or via e-mail at customercare@mahabhoj.store. We may change registration requirements from time to time.
General
Entire Agreement:
These website terms and conditions along with the i) Privacy policy and ii) Cancellation and returns policy constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
Alteration:
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict:
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Waiver:
No indulgence or extension of time which either party may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Cession:
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, at its own discretion.
Severability:
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable Jurisdiction:
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Delhi, India in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Comments or Questions
If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices, please contact us at customercare@mahabhoj.shop
By opening and placing an order with Mahabhoj Palace, you confirm that you agree to and are bound by the terms and conditions set out below. These terms apply to the entire website and any email or other communication between you and Mahabhoj Palace.
In no event shall Mahabhoj Palace team be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, loss of data or profits, arising out of the use or inability to use the materials herein. site, even if Mahabhoj Palace team or an authorized representative has been advised of the possibility of such damages. If use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
Mahabhoj Palace is not responsible for any outcome that may occur while using our resources. We reserve the right to change prices and resource usage policies at any time.
License
Mahabhoj Palace grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Website strictly in accordance with the terms and conditions of this Agreement.
These Terms and Conditions constitute a contract between you and Mahabhoj Palace (referred to in these Terms and Conditions as “Mahabhoj Palace”, “us”, “we” or “our”), the provider of the Mahabhoj Palace website and the services accessible from the Mahabhoj Palace website (collectively referred to in these Terms and Conditions as the “Mahabhoj Palace Service”).
You agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Mahabhoj Palace Service. In these Terms and Conditions, “you” refers to both you as an individual and the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to cancel your account or block access to your account without prior notice.
Definitions and key terms
To explain things as clearly as possible in these Terms and Conditions, whenever these terms are referred to, they are strictly defined as:
Cookie: small amount of data generated by a website and stored by your web browser. It is used to identify your browser, perform analytics and remember information about you, such as your language preference or login details.
Company: When this policy refers to “Company”, “we”, “us” or “our”, we are referring to Mahabhoj Palace, OLD DHAN MANDI, SHOP NO. 87, WARD 04, Raisinghnagar, Ganganagar, Rajasthan, 335051
, which is responsible for your information under these Terms and Conditions.
Country: where Mahabhoj Palace or the owners/founders of Mahabhoj Palace are located, in this case
Device: any internet-connected device such as a phone, tablet, computer or any other device with which Mahabhoj Palace can be visited and the services used.
Service: refers to the service provided by Mahabhoj Palace as described in the relative terms and conditions (if available) and on this platform.
Third Party Services: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we believe may interest you.
Website: Mahabhoj Palace’s site, accessible via this URL: https://Mahabhoj.shop/
You: a person or entity registered with Mahabhoj Palace to use the Services.
Limits
You agree not to and you will not allow others to do so:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or Platform to any third party.
Modify, make derivative works of, disassemble, decode, decompile or reverse engineer any part of the Website.
Remove, alter or obscure any proprietary notice (including any copyright or trademark notice) of Mahabhoj Palace or its affiliates, partners, suppliers or the licensors of the Website.
Returns and Refunds Policy
Thanks for shopping at Mahabhoj Palace. We appreciate you buying the stuff we make. We also want to ensure that you have an enjoyable experience while exploring, evaluating and purchasing our products.
As with any shopping experience, terms and conditions apply to transactions at Mahabhoj Palace. We’ll keep it as short as possible. The most important thing to remember is that when you place an order or make a purchase from Mahabhoj Palace, you agree to the terms and conditions and Mahabhoj Palace’s Privacy Policy.
If, for any reason, you are not completely satisfied with any product or service we provide, please do not hesitate to contact us and we will discuss the issues you are experiencing with our product.
Your suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Mahabhoj Palace regarding the Website will remain the sole property of Mahabhoj Palace.
Mahabhoj Palace shall be free to use, copy, modify, publish or redistribute the Suggestions for any purpose or in any manner without any credit or compensation to you.
Your consent
We’ve updated our Terms and Conditions to give you full transparency about what is set when you visit our site and how it is used. By using our website, registering an account or making a purchase, you agree to our Terms and Conditions.
Links to other websites
These General Terms and Conditions apply only to the Services. The Services may contain links to other websites that are not operated or controlled by Mahabhoj Palace. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms and Conditions no longer apply. Your browsing and interaction on any other website, including websites that have a link on our Platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Mahabhoj Palace uses “Cookies” to track which parts of our website you have visited. A Cookie is a small piece of data that is stored by your web browser on your computer or mobile device. We use cookies to improve the performance and functionality of our website, but their use is not essential. However, without these cookies, certain features, such as videos, may not be available or you may have to enter your login details each time you visit the website, as we cannot remember that you have previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to use the functions on our website correctly or at all. We never place personally identifiable information in cookies.
Changes to our general terms and conditions
You acknowledge and agree that Mahabhoj Palace may, in its sole discretion, without prior notice to you, discontinue (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally. You may stop using the Service at any time. You do not have to specifically inform Mahabhoj Palace when you stop using the Service. You acknowledge and agree that if Mahabhoj Palace disables access to your account, you will no longer have access to the Service, your account information, or files or other materials stored in your account.
If we decide to change our Terms and Conditions, we will post those changes on this page and/or update the Terms and Conditions modification date below.
Changes to Our website
Mahabhoj Palace reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it is connected, with or without notice and without liability to you.
Updates for our website
Mahabhoj Palace may from time to time make improvements or additions to the functionality of the website, including patches, bug fixes, updates, upgrades and other changes (“Updates”).
Updates may change or remove certain features and/or functionalities of the website. You agree that Mahabhoj Palace has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any features and/or functionality of the Website to you.
You further agree that all Updates (i) shall be deemed an integral part of the website, and (ii) shall be subject to the terms and conditions of this Agreement.
Third Party Services
We may display, include or make available third party content (including data, information, applications and other product services) or provide links to third party websites or services (“Third Party Services”).
You acknowledge and agree that Mahabhoj Palace is not responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Mahabhoj Palace assumes no liability or responsibility to you or any other person or entity for any Third Party Services.
Third Party Services and links thereto are provided solely as a convenience to you, and you access or use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement will remain in effect until terminated by you or Mahabhoj Palace.
Mahabhoj Palace may, in its sole discretion, at any time and for any reason, suspend or terminate this Agreement with or without notice.
This Agreement will terminate immediately, without notice from Mahabhoj Palace, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.
Upon termination of this Agreement, you must cease all use of the Website and delete all copies of the Website from your computer.
Termination of this Agreement will not limit Mahabhoj Palace’s rights or remedies in the event of a breach by you (during the term of this Agreement) of any of your obligations under this Agreement.
Copyright Infringement Notice
If you are a copyright owner or an agent of such owner and believe that any material on our Website infringes your copyright, please contact us with the following information: (a) a physical or electronic signature from the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact details, including your address, telephone number and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.
Disclaimer
You agree to indemnify, defend and hold harmless Mahabhoj Palace and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (as applicable) from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a ) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No guarantees
The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, Mahabhoj Palace, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, with including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Mahabhoj Palace makes no warranty or representation, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or operate with any other software, systems or services without interruption will operate, meet performance or reliability standards or be free from errors or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Mahabhoj Palace nor any of Mahabhoj Palace’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content and materials or products contained therein; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Mahabhoj Palace are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Mahabhoj Palace and its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Mahabhoj Palace or its suppliers be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for lost profits, for loss of data or other information , for business interruption, for personal injury, for loss of privacy arising out of or in any way connected with the use of or inability to use the website, third party software and/or third party hardware used with the website, or otherwise in in connection with any provision of this Agreement), even if Mahabhoj Palace or any supplier has been advised of the possibility of such damage and even if it fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices posted by Mahabhoj Palace on the Services, constitute the entire agreement between you and Mahabhoj Palace with respect to the Services. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and the failure of Mahabhoj Palace to exercise any right or provision under this Agreement shall not constitute a waiver of constitute such right or provision. YOU and Mahabhoj Palace AGREE that ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHOUT ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise any right or to require performance of any obligation under this Agreement shall not affect either party’s ability to exercise such right or to perform any obligation at any time thereafter. nor shall the waiver of any breach constitute a waiver of any subsequent breach.
o the failure by either party to exercise, or any delay in exercising, any right or power under this Agreement shall operate as a waiver of such right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of any conflict between this Agreement and any applicable purchasing or other terms, the terms of this Agreement will control.
Changes to this Agreement
Mahabhoj Palace reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Mahabhoj Palace.
Entire agreement
The Agreement constitutes the entire agreement between you and Mahabhoj Palace regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and Mahabhoj Palace.
You may be subject to additional terms and conditions that apply when you use or purchase other Mahabhoj Palace services, which Mahabhoj Palace will provide to you at the time of such use or purchase.
Updates to our terms and conditions
We may change our service and policies, and we may need to make changes to these terms so that they accurately reflect our service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make any changes to these Terms and give you an opportunity to review them before they become effective. If you subsequently continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you may delete your account.
Intellectual property
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of Mahabhoj Palace , its licensors or other suppliers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Mahabhoj Palace, except as expressly provided in these Terms and Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT A DISPUTE RELATING TO DISPUTES FOR JUSTICE OR EQUITABLE REMEDY RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR OR Mahabhoj Palace’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, suit, or other controversy between you and Mahabhoj Palace relating to the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” shall be given the broadest meaning permitted by law.
Notice of Dispute
In the event of a dispute, you or Mahabhoj Palace must send the other a Dispute Notice. This is a written statement that includes the name, address, and contact information of the reporting party, the facts giving rise to the dispute, and the relief requested. You must send a notice of dispute by email to:info@noahsuit.com. Mahabhoj Palace will send a Notice of Dispute to you by postal mail to your address if we have one, or otherwise to your email address. You and Mahabhoj Palace will attempt to resolve any dispute through informal negotiation within sixty (60) days after the Notice of Dispute is sent. After sixty (60) days, you or Mahabhoj Palace may commence an arbitration proceeding.
Binding Arbitration
If you and Mahabhoj Palace do not resolve a dispute through informal negotiation, any other attempt to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. You waive the right to litigate (or participate as a party or class member) in any dispute before a judge or jury. The dispute will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Either party may seek injunctive relief from a court of competent jurisdiction if necessary to protect the party’s rights or property pending the completion of arbitration. All legal, accounting and other costs, fees and expenses incurred by the winning party will be borne by the non-winning party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertising, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions shall automatically be treated as non-confidential and non-proprietary and shall become the exclusive property of Mahabhoj Palace without any compensation or credit to you in any way. Mahabhoj Palace and its affiliates shall have no obligation of any kind with respect to any such submissions or postings and may use any ideas contained in such submissions or postings for any purpose in any medium in perpetuity, including but not limited to developing, producing and marketing products and services using such ideas.
Promotions
Mahabhoj Palace may from time to time conduct contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information about yourself. Please note that all Promotions may have separate rules that may include certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all Promotion rules to determine whether or not you are eligible to participate. By entering a Promotion, you agree to comply with all Promotion rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms are made a part of this Agreement by this reference.
Typographical errors
In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price . We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately credit your credit card or other checking account for the amount charged.
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If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will remain in full force and effect. Any waiver of any provision of these Terms and Conditions will only be effective if in writing and signed by an authorized representative of Mahabhoj Palace. Mahabhoj Palace will be entitled to injunctive or other equitable relief (without the obligation to post a bond or bond) for any breach or anticipatory breach by you. Mahabhoj Palace operates and manages the Mahabhoj Palace Service from its offices in . The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those who choose to access the Mahabhoj Palace Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions (which include and incorporate the Mahabhoj Palace Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and Mahabhoj Palace with respect to the subject matter, and may not be modified or modified by you. The section titles in this Agreement are for convenience only and have no legal significance.
Disclaimer
Mahabhoj Palace is not responsible for any content, code or other inaccuracies.
Mahabhoj Palace offers no guarantees.
In no event will Mahabhoj Palace be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the content of the Service. The Company reserves the right to make additions, deletions, or changes to the content of the Service at any time without notice.
The Mahabhoj Palace Service and its contents are provided “as is” and “as available” without any warranties or representations of any kind, either express or implied. Mahabhoj Palace is a distributor and not a publisher of the content provided by third parties; as such, Mahabhoj Palace exercises no editorial control over this content and makes no warranty or representation about the accuracy, reliability or currency of any information, content, service or merchandise provided by or accessible through the Mahabhoj Palace Service. Without limiting the foregoing, Mahabhoj Palace specifically disclaims any and all warranties and representations in any content transmitted on or in connection with the Mahabhoj Palace Service or on any sites that may appear as links on the Mahabhoj Palace Service, or in the products sold provided as part of, or otherwise in connection with, the Mahabhoj Palace Service, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No oral advice or written information given by Mahabhoj Palace or any of its affiliates, employees, officers, directors, agents or the like shall create any warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Mahabhoj Palace does not warrant that the Mahabhoj Palace Service will be continuous, uninterrupted, timely, or error-free.
