TERMS OF USE
INTRODUCTION
Thank you for visiting our website www.kraftheinz.co.in (“Website”). The Website (i.e. the Website's domain and its subdomains), is owned and operated by Kraft Heinz India Private Limited ("KHIL", "Us", "We" or "Our").
TERMS OF USE
These Terms of Use set forth the terms and conditions that apply to the visitors (“You”, “Your”, or “Yourself”) of this Website.
Please read the Terms of Use carefully before using the Website or accessing/using any material, information or services, through the Website. Your use of the Website or any of the services provided therein shall signify Your acceptance of the terms and conditions stated in this Terms of Use and Your agreement to be legally bound by the same.
If You do not agree with any of these terms contained in this Terms of Use, You are requested not to proceed with using this Website. KHIPL reserves the right to make changes to this Terms of Use from time to time at its sole discretion. You can determine when KHIPL last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Website shall be deemed to be construed as Your acceptance to the updated Terms of Use.
KHIPL does not take responsibility for information given by third parties on the Website, whether in relation to the products of KHIPL, including statements made by nutritional experts or information posted on any discussion forum within Website. KHIPL shall not be responsible for any such information and We do not encourage or advise You or any other users of the Website to act on such third-party information and You are advised to consult Your family physician/nutrition/health expert/medical practitioner before acting on such advice.
SERVICES
The Website provides the Following services (collectively, “Website Services”)
(a) It allows You to access the information, content, material, product details that has been made available on the Website.
(b) It provides You with the option to contact Us with respect to any queries, comments, quality of KHIPL's products.
KHIPL may at its discretion, add, modify or remove any of the Website Services listed above from time to time without notice. KHIPL shall not be under an obligation to notify any change in the Website Services and Your access to the Website Services will accordingly stand modified, specifically in the case where KHIPL has offered new Website Services and You have chosen to avail the same.
You hereby agree and acknowledge that all images products displayed on the Website, are for illustration purposes only and may differ from actual the products.
We may offer searches on the Website to browse through different products offered by KHIPL or for any other purpose. The results for such searches are derived on the basis of an algorithm developed by or on behalf of KHIPL. The result of any search conducted by You on the Website shall not be construed as the opinion or preference of KHIPL.
USE OF WEBSITE
Use of and access to the Website is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use, along with any amendments made by KHIPL at its sole discretion and posted on the Website.
By (i) using this Website and/or any Website Services in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by this Terms of Use and the KHIPL's Privacy Policy available at www.kraftheinz.co.in(opens in a new window)
KHIPL reserves the right to refuse access to the Website or Website Services to You or any of its users or to terminate access granted to You or any existing users at any time without according any reasons for doing so.
USER REPRESENTATIONS AND OBLIGATIONS
Subject to compliance with the Terms of Use, KHIPL grants You a non-exclusive, limited privilege to access and use this Website and Website Services.
You agree to use the Website Services, Website and the materials provided therein only: (a) for purposes that are permitted by this Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
You agree to not engage in activities that may adversely affect the use of the Website by other users or KHIPL.
You agree not to access (or attempt to access) the Website and the materials or Website Services by any means other than through the interface that is provided by KHIPL. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Website Services, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. KHIPL disclaims all liabilities arising in relation to such offensive content on the Website.
If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Website by You is Your sole responsibility.
You hereby do and shall grant KHIPL a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with KHIPL and KHIPL’s (and KHIPL’s successors’ and assigns’) businesses, including without limitation, for promoting the Website in any media formats and through any media channels. You represent and warrant that You have all rights to grant such licenses to KHIPL without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
Engage in any activity that interferes with or disrupts access to the Website or the Website Services (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any KHIPL server, by hacking, password mining or any other illegitimate means;
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. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, to its source, or exploit the Website or Website Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
Collect or store data about others users in connection with the prohibited conduct and activities set forth in this Section;
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
Use the Website or any material or Content for any purpose that is unlawful or prohibited by this Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of KHIPL or other third parties;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Website Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms of Use or terms of use contained herein or elsewhere; and
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
KHIPL reserves the right to review any information/data uploaded by You on the Website and delete any information/data that is inconsistent with this Terms of Use. You agree that You are solely responsible to KHIPL and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which KHIPL or its affiliates may suffer) for any such breach.
You agree that KHIPL may, at any time, modify or discontinue all or part of the Website, to some or all users.
USE OF MATERIALS
Except as expressly indicated herein, KHIPL hereby grants You a non-exclusive, freely revocable (upon notice from KHIPL), non-transferable access to view, download and print any materials available on the Website, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
You may not modify or alter the materials available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the materials on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained in any of the materials available on the Website.
The rights granted to You in the materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Any software that is available on the Website is the property of KHIPL. You may not use, download or install any software available on the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of KHIPL.
USAGE CONDUCT
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access and use the Website.
Intellectual Property
Subject to any third party information, and/or material available on the Website, You acknowledge and agree that all content, processes and material on this Website, including without limitation, text and images, graphics, user interfaces, sounds, music (if any), artwork, and computer code (collectively, the “Content”) is owned and controlled by KHIPL and the Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights. Except as expressly authorized by KHIPL, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content.In addition, this Website contains a number of names, logos, trademarks, service marks and other intellectual property rights (“Marks“) which are the property of KHIPL or respective third party, as the case may be. You agree not to use or display publicly these Marks without the prior written permission of KHIPL. You may not use any metatags or any other hidden text utilizing KHIPL's name or trademarks without the prior written permission of KHIPL.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, ITS MATERIAL AND WEBSITE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING, KHIPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, SPECIFICALLY, KHIPL MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE WEBSITE SERVICES OR OTHER SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR-FREE. (II) RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE (II) QUALITY OF WEBSITE AND WEBSITE SERVICES WILL MEET YOUR EXPECTATIONS OR (III) ANY ERRORS OR DEFECTS IN THE WEBSITE OR WEBSITE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KHIPL OR THROUGH USE OF THE WEBSITE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
KHIPL HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT KHIPL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, OR WEBSITE SERVICE. KHIPL SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, KHIPL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND KHIPL'S CONTROL. YOU UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL KHIPL, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES ARISING OUT OF, OR INABILITY TO USE, THIS WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED AT LAW OR IN EQUITY, OR WHETHER ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS EVEN IF HIPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING LAW, KHIPL'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless KHIPL and its affiliates and their directors, officers, employees and agents (“Indemnitees”) from and against any and all losses, damages, demands, claims, demands, actions, damages or other liabilities, including cost and expenses and attorney's fees, asserted against or incurred by the Indemnitees that arise from Your use of this Website/Website Services or due arise out of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to this Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website or Website Services, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. KHIPL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with KHIPL in asserting any available defenses.
DATED MATERIAL DISCLAIMER
The passage of time can render information contained in, or linked to, this Website stale. You should consider the dates of issuance of all items and information contained in, or linked to, this website. You agree that KHIPL is not responsible or liable for any misimpressions that may result from the reading of dated material. KHIPL does not undertake any duty to update, supplement, correct, comment on or modify any information contained on this website or any website to which it is linked.
INTERNATIONAL USE
KHIPL controls and operates this website from Mumbai, India. As a result, KHIPL makes no representation that materials on this Website are appropriate or available for use in locations outside India. Accessing this Website from territories where its content is illegal is prohibited. If You choose to access this Website from outside India do so on their own initiative and are responsible for compliance with all applicable local laws.
USE OF COMMUNICATIONS
Any communications or information or personal data You transmit to this Website will be treated in accordance with our Privacy Policy. In general, such information should not be considered by You to be confidential or proprietary. While We welcome Your comments and feedback (through e-mail or regular mail) with respect to this Website or any of our products, We are not seeking and do not review any unsolicited ideas, suggestions or materials related to the development, design, manufacture or marketing of our products.This Terms of Use is intended to avoid confusion about the ownership of new ideas and concepts and to help protect You. By sending us any proposed ideas or other such information, You agree to transfer to KHIPL all of Your rights and interests in such proposed intellectual property, ideas and information. You further agree that KHIPL is free to use any ideas, concepts or know-how that You or individuals acting on Your behalf provide to KHIPL.
OTHER TERMS AND CONDITIONS
This Terms of Use, shall be interpreted in accordance with and governed by the laws of India and the without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the [exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Mumbai.
If any provision of this Terms of Use is unlawful, void or unenforceable, You agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Terms of Use shall continue in full force and effect.
This Terms of Use constitutes the entire agreement between You and KHIPL regarding Your use of this Website and the Website Services. No advice or information, whether oral or written, obtained by You from KHIPL shall alter the terms of this Terms of Use. You should check, however, our Privacy Policy for additional terms that form part of this Terms of Use.
You agree that failure by KHIPL to enforce or exercise any provision of this Terms of Use or related right shall not constitute a waiver of that right or provision.
All notices from KHIPL will be served by email to Your registered email address or by general notification on the Website. Any notice provided to KHIPL pursuant to the Terms of Use should be sent to Kraft Heinz India Private Limited, Shop-8, Shilpa Trading, Royal Accord, Chakala, Andheri (East) Tarun Bharat Rd, Mumbai - 400099, with a copy to: 04B - 102, We Work Spectrum Tower, 307, Chincholi Bunder Rd, Rajan Pada, Mindspace, Malad West, Mumbai, Maharashtra 400064 with subject line - Attention: TERMS OF USE.
You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. KHIPL’s rights under the Terms of Use are freely transferable by KHIPL to any third party without the requirement of informing You or seeking Your consent.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
REPORT ABUSE
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report the same to the following e-mail id: enquiry.india@kraftheinz.com
COMMUNICATION
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from KHIPL, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting enquiry.india@kraftheinz.comIf You have questions, comments or concerns about these Terms of Use or the Website You may contact us at: enquiry.india@kraftheinz.com. Our office address is as mentioned below
Kraft Heinz India Private Limited
Registered Office:
Shop-8, Shilpa Trading, Royal Accord, Chakala, Andheri (East) Tarun Bharat Rd, Mumbai 400099
Corporate Office:
04B - 102, We Work Spectrum Tower, 307, Chincholi Bunder Rd, Rajan Pada, Mindspace, Malad West, Mumbai, Maharashtra 400064.We will be happy to answer Your questions.
IP INFRINGMENT
If You believe the Website violates Your intellectual property, You must promptly notify KHIPL in writing at enquiry.india@kraftheinz.com. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located on the Website;
a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Website;
Your contact details, such as Your address, telephone number, and/or email;
a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
Your physical or electronic signature.
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