TERMS OF USE

Please read the following terms and conditions very carefully as your use of our Service are subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

1. General:
   1. osirimilletmix.com (hereinafter referred to as or “Platform”) is developed and operated by Bajal Foods (hereinafter referred to as or “Company”).
   1. By registering to or using Platform, you agree that you have read, understood and are bound by these terms of use [Hereinafter referred to as terms], regardless of how you subscribe to or use Platform. If you do not agree to the Terms, you must not subscribe to or use Platform.
   1. You must be at least 18 years old and capable of entering into a binding contract in your jurisdiction to register as a member or use Platform. Persons who are “incompetent to contract” within the meaning of applicable law, including minors are not authorized to use By using the Platform, you represent and warrant that you have the right, authority, competency and capacity to enter into these Terms of use and to abide by all of the terms and conditions set forth herein.
   1. At the time of registering for use or using Platform, the user may be asked to enter the user’s name, the user’s age, gender, e-mail address, phone number or other information.
   1. In these Terms, references to:
      1. Commercial / contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services.
      1. “we”, “us”, “our”, “Platform” or “www.osirimilletmix.com” shall mean Bajal Foods, its franchisees, affiliates or partners.
2. Product information
   1. Company owns an ecommerce platform through which manufacture and sell ethnic millet-based breakfast cereals, milk supplements, infant foods, dried fruits. The Platform enables users/customers to place order online.
   1. The product information provided in the Platform shall have every detail of the product such as name of the product, list of ingredients, Nutritional Information, declaration regarding Vegetarian or Non- Vegetarian, Details of the manufacturer, Net quantity, Code no./Batch No., Date of manufacturing, Expiry date, Instruction to Use and any other details.
3. Requirements:
   1. Platform can be accessed by person(s) who have created a User account. Once account is set up, User can place order on the Platform. The Platform can be used with a compatible device either a computer or Mobile with internet access.
   1. Platform may be upgraded from time to time to add support for new functions, features and services.
   1. The User shall accept and agree that, Platform shall not be responsible for any electronic or mechanical defect, data failure or corruption, viruses and bugs or related problems that may be attributable to the User’s telecommunication equipment and/or the Services provided by any Service Provider.
4. Platform’s Rights and Obligations:
   1. Company reserves the right, at its sole discretion to suspend or terminate any End User and Platform reserves the right to, at all times, monitor a End User activities to ensure compliance with these terms and conditions.
   1. Occasionally there may be information on our Platform, that contains typographical errors, inaccuracies or omissions relating to product description, pricing, promotions, offers, product shipping charges, etc. We reserve the right to correct any such errors, or change any information or cancel orders if any information in the Platform is inaccurate at any time without prior notice to the User.
5. User Account:
   1. The User may be required to create his/ her own User ID and Password in order to register and/ or use the services on the Platform. By accepting these Terms, the User agrees that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
      1. Choose a new password, whenever required for security reasons.
      1. Keep his/ her User ID & Password strictly confidential.
      1. Be responsible for any transactions made by User under such User ID and Password.
   1. Platform may verify at the time of creation of the user account, including but not limited to phone number, email address, bank account, credit card details, etc.
6. User Details for transaction: The User in order to place an order, shall provide information such as name, phone number, email id, billing address, credit/debit card details, or any other payment instrument details.
7. User’s Obligations: User represents and warrants that they will abide by these terms and conditions as updated from time to time by Company.
8. Conditions of Use:
   1. The User will not, nor allow third parties on the User’s behalf to (i) make and distribute copies of the Platform (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Platform; or (iii) create derivative works of the Platform of any kind whatsoever.
   1. The User acknowledges that the terms of agreement with the user’s respective network provider (‘Internet Service Provider’) will continue to apply when using the Platform. As a result, the user may be charged by the Internet Service Provider for access to network connection services for the duration of the connection while accessing the Platform or availing of the Services or any such third party charges as may arise. The User accepts responsibility for any such charges that arise.
9. Information/Data: The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on/through the Platform that:
   1. belongs to another person and to which The user does not have any right to;
   1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   1. harm minors in any way;
   1. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
   1. violates any law for the time being in force.
10. Warranty:
    1. The User warrants and represents that all details and information provided through the Platform by the User are true and accurate and are not false, misleading or deceptive and the information contained on Platform will be kept accurate and up to date and compliant with these terms and conditions.
    1. Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. The User is advised to independently verify the bona fides of any particular User that the user chooses to deal with on the Platform and use the user’s best judgment in that behalf.
    1. Company attempts to be as accurate as possible. However, the Company/Platform does not warrant that product descriptions and Platform content is accurate, free of errors, complete or current. If any product ordered from Platform that you receive isn’t described as shown on the Platform ,it can be returned – unused – as described in our Shipping and return policy.
11. Communication: The User will be required to provide a valid phone number and Email ID at the time of using the Platform. By registering the user’s phone number and Email ID with us, the User gives consent to be contacted by us via phone calls and/or SMS and /or email notifications, in case of any service related updates. We will not use the user’s personal information to initiate any promotional phone calls or SMS or email.
12. Advice: The contents of this Platform do not constitute advice and should not be relied upon in making or refraining from, making any decision.
13. Complaints:
    1. All complaints relating to this Platform should be addressed to feedback@osirimilletmix.com.
    1. User agrees that under no circumstances Company shall be held responsible for such fraudulent/duplicate transactions.
14. Liability:
    1. Company assumes no responsibility, and shall not be liable for any commercial decisions. It is the responsibility of the User alone to ensure that the information/ data either stored in Platform or taken out from the Platform, by printing or exporting to any computer file format or data stored offline in mobile devices of Users accessing Platform, is used in compliance with privacy laws applicable to the user’s business transactions.
    1. Company has made the Platform available to the User as a matter of convenience. Company expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Company reserves the right to terminate the rights to use of the Platform immediately without giving any prior notice thereof.
    1. Company shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Company, its employees, directors, and its third party agents involved in online order processing, delivering the products or managing the Platform, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Platform or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Platform.
    1. Company assumes no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto.
    1. The User shall indemnify and hold harmless Company and it’s respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
    1. The User agrees that Company or any of it’s employees will not be held liable by the User for any loss or damages arising from the User’s use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Platform’s reasonable control.
15. Disclaimer and Limitation of Liability: THE PRODUCTS ARE MADE AVAILABLE OR PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLATFORM’S LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS TERMS OR ANY SERVICE SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE COST OF A SPECIFIC PRODUCT. PLATFORM SHALL AT ITS DISCRETION HAVE THE OPTION TO REFUND THE COST OR EXCHANGE THE PRODUCT AS PER THE TERMS OF SHIPPING POLICY.
16. Intellectual Property Rights:
    1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Platform owns all Intellectual Property Rights to and into the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that the user shall not use, reproduce or distribute any content from the Platform belonging to Platform without obtaining authorization from the Company.
    1. Platform is not responsible for the content of any third party application(s)/service(s) and does not make any representations regarding the content or accuracy of material on such third party application(s)/service(s). If the user decides to link to any such third party websites, the user does so entirely at the user’s own risk.
17. Term &Termination Platform may suspend or terminate the user’s use of the Platform or any Service, if it believes, in its sole and absolute discretion that the user may have breached any of the Terms. Platform may delete any content or other materials relating to the User’s use of the Platform, the Company will have no liability to the user or any third party for doing so. The User shall be liable to pay for any product that the User has already availed/ordered till the time of Termination for any reason whatsoever.
18. Confidentiality:
    1. The User shall keep all and any information regarding the Service availed and User’s confidential information, both, during the subsistence of this Terms and Conditions and post cancellation. The User shall not, without prior written consent of Platform transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. This does not include third parties who are authorized byPlatformto operate the Platform, conducting Platform’s business, or servicing the User, so long as those parties agree to keep this information confidential [Internal Purpose].
    1. Platformmay also release the User’s information when Platformbelieves that such release is appropriate to comply with the law, enforce the terms and conditions or protect others or Platform’s rights, property, or safety.
    1. The User is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event Platform is made aware of any such practice of such violation of the terms and/or conditions of this terms, Platform shall be entitled to terminate the Agreement as well as initiate legal proceedings against the User, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
    1. Platformmay include or offer third party products or services on our Platform. These third party products/services have separate and independent privacy policies. Platform, therefore has no responsibility or liability for the content and activities of these linked products/services.
    1. Platformreserves the right, at our sole discretion, to change, modify, add, or remove portions of this terms and conditions at any time.
19. Governing Law: The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Platform reserves the right to make changes to the Platform and the terms, conditions and disclaimers at any time and without information to the Users of Platform’s Platform.
20. Arbitration: If any dispute arises between the user and Platform during the User’s use of the Platform, in connection with the validity, interpretation, implementation or alleged breach of any provision of this terms or any our policy or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party appointed by Platform. The place of arbitration shall be Chennai. The Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
21. Miscellaneous:
    1. Any waiver of any rights available to Platform under these terms shall not mean that those rights are automatically waived.
    1. The User agrees, understands and confirms that his/her/it’s personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Platform has no control over such matters.
    1. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Platform does not represent or guarantee that the use of the Platform provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
    1. Platform and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Platform.
22. Customer Services: If the user has any query, please e-mail us at feedback@osirimilletmix.com.