TERMS & CONDITIONS

AGREEMENT TO TERMS OF USE

These terms and conditions (“Website Terms”) apply to website https://www.thebangaloreberrycompany.in (“Website”) and all other associated sites linked to the Website on which we, The Bangalore Berry Company (“we”, “us”, “our”, “TBBC” or ”Berry Trails pvt Ltd”), provide our services through our to you (“you”, “your” and “yours” are references to you the person accessing this Website and ordering any product/s or service/s from the Website or from any other medium offered by The Bangalore Berry Company).

Please read these Website Terms carefully before ordering any products through the Website, as your purchase of any products offered on the Website is subject to these Website Terms. By ordering any product/s or service/s through the Website (whether now or in the future), you agree to be bound by these Website Terms. Any use of the Website is also subject to these Website Terms.

1. INTRODUCTION AND OUR ROLE

1.1. Company details:

The Website, www.thebangaloreberrycompany.in, is a website owned and operated by Berry Trails Private Limited, a private limited firm with registered address in Bengaluru, India.

1.2. Service:

TBBC is involved in the farming and direct home delivery of farm fresh strawberries . TBBC, via its website, allows you to place orders (“Orders”) for the products (“Products”) available for sale on the menu as displayed on the Website for delivery in accordance with the TBBC Shipping and Delivery Policy.

2. WEBSITE ACCESS AND TERMS

2.1. Website access:

You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms:

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms:

We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility:

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age:

By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order:

Once you have selected the Products you wish to order from the menu and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “confirm order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.

4.2. Amending or Cancelling your Order:

Once you have submitted your Order and your payment has been authorized (if payment is done online in advance), you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to our Refund and Cancellation Policy for details on when a refund or cancellation is possible).

4.3. Payment authorisation:

Where any online payment you make is not authorised, your Order will not be processed.

4.4. Delivery of your Order:

We will take due care and reasonable efforts to deliver the Product in a timely manner. However, we do not take any responsibility for late delivery or loss caused to you for non-delivery or delay in delivery. We cannot be held liable for any damage, cost or expense incurred to the Product where this arises as a result of a failure on your part to provide adequate access/address or any other instructions or arrangements for delivery of the goods. Please refer to our Shipping and Delivery Policy to know all the details of our Product transportation services.

5. PRICE AND PAYMENT

5.1. Taxes and delivery costs:

Prices will be as quoted on the Website. These prices inclusive/exclusive of taxes but may exclude delivery costs (if you opt for collection instead of delivery). These will be added to the total amount due where applicable.

5.2. Incorrect pricing:

This Website’s menus contain numerous items and it is possible that some of these items may be displayed with incorrect prices due to either technological or personal error. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched, and the Order may be cancelled in such case. However if the Order is dispatched, in such an event, we are not under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.3. Payment methods:

Payment for Orders must be made by an accepted credit card, debit card, NetBanking or UPI through the Website or by Cash on Delivery, or in cash at the TBBC premises for takeaway/pickup Orders. Failure to pay on time will result in the cancellation of your order.

5.4. Card payments:

If you pay by credit or debit card, you may be required to show the card to the Delivery Person at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

8. SERVICE ACCESS

8.1. Website availability:

While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

8.2. Suspension of access:

Access to the Website may be suspended temporarily at any time and without notice.

8.3. Information security:

The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Nonetheless, we commit to following the terms of our Privacy Policy as far as is possible to prevent any misuse of your information.

9. CONTENT STANDARDS

9.1. General:

9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Visitor Reviews) (“Content”) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Content, you represent and warrant that we own or otherwise control all of the rights to such Content. You agree that we will have no obligations with respect to any Content so uploaded, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

9.1.2. You represent and warrant that that any Content you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Content Policy:

You are prohibited from posting, uploading or transmitting to or from the Website any Content (including any Reviews) that:

9.2.1. Breaches any applicable local, national or international law;

9.2.2. Is unlawful or fraudulent;

9.2.3. Amounts to unauthorised advertising; or

9.2.4. Contains viruses or any other harmful programs.

9.3. Visitor Review Restrictions:

In particular (but without limitation), any Visitor Reviews that you submit through the Website must not:

9.3.1. Contain any defamatory, obscene or offensive material;

9.3.2. Promote violence or discrimination;

9.3.3. Infringe the intellectual property rights of another person;

9.3.4. Breach any legal duty owed to a third party (such as a duty of confidence);

9.3.5. Promote illegal activity or invade another's privacy;

9.3.6. Give the impression that they originate from us; or

9.3.7. Be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Content:

The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law or any other obligation) and have the sole discretion to remove or edit at any time any Reviews or other Content posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or

9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.5. Use of Content and Reviews:

The Reviews and other Content contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Content reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

9.6. Liability:

You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any other third party arising out of or in connection with any Reviews or other Content that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.7. Disclosure to authorities and courts:

You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Content in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Third party websites:

If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

10.2. Linking to the Website:

You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

10.3 Social media Features:

This Website may provide certain social media features that enable you to:

10.3.1. Link from Your own or certain third-party websites to certain content on this Website.

10.3.2. Send emails or other communications with certain content, or links to certain content, on this Website.

10.3.3. Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.

10.4. Restrictions on use of social media features:

You may use social media features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to these features. Subject to the foregoing, You must not-

10.4.1. Establish a link from any website that is not owned by You.

10.4.2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

10.4.3. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

10.4.4. Make a link from, or make our content accessible on, a website which does not comply with the Content Standards set out in these Terms of Use.

10.5. Duties and our rights with respect to non-compliant links or social media.

10.5.1. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

10.5.2. We may disable all or any social media features and any links at any time without notice in our discretion.

11. DISCLAIMERS

11.1. Website information:

While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and though we will attempt to make regular changes and updates we make no commitment with respect to any update of that material.

11.2. Allergy, dietary and other menu information:

If you are in doubt about allergy warnings, contents of a Product or any other Menu Information, you should confirm with us before ordering. We accept no liability for any failure to do so or the consequences thereof.

11.3. Exclusion of terms:

We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

12. LIABILITY

12.1. General:

We disclaim any and all liability to you for the supply of the Products ordered and services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Products or services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.

12.2. Exclusion of liability:

Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

12.2.1. Any loss of profits, sales, business, or revenue;

12.2.2. Loss or corruption of data, information or software;

12.2.3. Loss of business opportunity;

12.2.4. Loss of anticipated savings;

12.2.5. Loss of goodwill; or

12.2.6. Any indirect or consequential loss.

12.3. Limitation of liability:

Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your Order.

12.4. Additional costs:

You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

13. TERMINATION

13.1. Grounds for termination:

We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

13.1.1. You have used the Website in breach of paragraph 7.1 (License);

13.1.2. You have posted Reviews or other Content in breach of paragraphs 9.2 or 9.3 (Content Standards)

13.1.3. You have breached paragraph 10.2 (Links to and from other websites); or

13.1.4. You have breached any other material terms of these Website Terms.

13.2. Obligations upon termination:

Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS

14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1. Strikes, lock-outs or other industrial action;

15.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

15.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5. Impossibility of the use of public or private telecommunications networks; and

15.2.6. The acts, decrees, legislation, regulations or restrictions of any government.

15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

16.1. Privacy Policy:

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms by this reference.

16.2. Severability:

If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.3. Entire agreement:

These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.4. No waiver:

Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

16.5. Assignment:

You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

16.6. Headings:

The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

17.1. These Website Terms shall be governed by and construed in accordance with Indian law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of Courts in Bengaluru Urban District, Karnataka, India.