These Terms of Service are legally binding and govern all use of this Website and its Services. This Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Nimbark Organic.
If you desire to become a member of the Website and receive the Services provided by Nimbark Organic, please read these Terms of Service carefully before using this Website and its Services. By registering for and/or using the Services in any manner, including, but not limited to, visiting or browsing this Website, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on this Website, each of which is incorporated by reference into these Terms of Service and each of which may be updated from time to time without notice to you. Nimbark Organic reserves the right to amend or provide for additional terms and conditions without notice to you, which are incorporated by reference into these Terms of Service. This Agreement, as posted on this Website, reflects the latest agreement in effect and you should check this Website regularly to take notice of changes made to these Terms of Service. These Terms of Service will remain in full force and effect while you use the Website and the Services.
This Website, including its Services, are intended for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using this Website, including the Services, you warrant and represent that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are under eighteen (18) years old, your use of the Website and the Services is subject to the requirements of parental consent, in which case your supervising parent or legal guardian is considered the user under these Terms of Service and is responsible for any and all activity. You may not use this Website, including its Services, if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using this Website or the Services. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
- Proper Use:- You understand and agree that you will use this Website, including its Services, with a full sense of responsibility and in a manner consistent with these Terms of Services and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use this Website and its Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
- Nimbark Organic, in its sole discretion, has the right to remove content and suspend, terminate, deactivate, or refuse registration or access to your Member Account (defined below) at any time, without notice and without liability, for any reason, including, but not limited to, violations of this Agreement, infringing on Intellectual Property, and inactivity.
- To ensure compliance with these Terms of Service, Nimbark Organic reserves the right to monitor and review your Member Account (defined below), content, and activity. Nimbark Organic may remove any content that is unlawful, offensive, threatening, libelous, defamatory, obscene, objectionable or violates any party’s intellectual property rights.
- You may view, download for collection purposes only, and print pages or other content from this Website for you own personal use, subject to the restrictions set out below and elsewhere in these Terms of Service.
- Prohibited Use:- By agreeing to these Terms of Service, you agree not to engage in any of the following activities:
- Republishing, selling, renting or sub-licensing any materials from this Website including republication on another website.
- Reproducing, duplicating, copying or otherwise exploiting material on this Website for commercial purposes.
- Using this Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of this Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal fraudulent or harmful purpose or activity.
- Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Services, except to the extent that applicable laws specifically prohibit such restriction.
- Transmitting worms, viruses, codes, files, or programs designed to destruct, disrupt, damage, limit, or interfere with the proper function of any software or hardware used in connection with this Website.
III. HEALTH CARE DISCLAIMER
ALL ASPECTS OF THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PROVIDED THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, PROFESSIONAL MEDICAL KNOWLEDGE, ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH PROVIDER KNOWLEDGE, ADVICE, DIAGNOSIS OR TREATMENT. YOU CANNOT USE THE SERVICES AS A DIAGNOSIS, TREATMENT OR PRESCRIPTION. RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. NO PATIENT-DOCTOR RELATIONSHIP OF ANY KIND IS ESTABLISHED THROUGH USE OF THE SERVICES. THE SERVICES ARE NOT A SUBSTITUTE FOR EMERGENCY MEDICAL HELP AND CANNOT BE USED IN THE EVENT OF A MEDICAL EMERGENCY. You should always seek the advice of your physician or other qualified health provider, with any questions you may have regarding personal health or a medical condition, including diagnosis and treatment for your specific medical needs. You should never disregard or delay in seeking professional medical advice due to information you have obtained from the Services.
IV. MEMBERSHIP REGISTRATION AND MEMBER ACCOUNT
As a requirement of becoming a member of this Website and using the Services you must register with the Website and provide a password and a user name to receive an account (“Member Account”). You must complete the full registration process and shall provide the site with accurate, complete and updated registration information. Failure to do so shall constitute a breach of these Terms of Service and Conditions, which may result in immediate termination of your Member Account. You shall not use any other person’s email address to register for a Member Account. You may not register for more than one Member Account, or register for a Member Account on behalf of an individual other than yourself or on behalf of any group or entity. If you are a group or entity interested in receiving Nimbark Organic’s Services or undertaking group sales, contact www.Nimbarkfoods.com.
- Member Account Terms and Conditions:- You are solely responsible for any and all use of you Member Account. Any information provided by you or gathered by this Website or third parties during any visit to this Website shall be subject to the terms of this Website. You may not use or attempt to use another’s Member Account without authorization from Nimbark Organic or create a false identity on this Website and use the Services on a false pretense. As a registered member of this Website, you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account or the username or password of another member at any time. You agree to notify Nimbark Organic immediately if you suspect any unauthorized use of a Member Account, username, or password.
V. CANCELLATION AND TERMINATION.
- Cancellation:- You may cancel your Member Account at any time with no cancellation fees. If you submit a cancellation request and an order has already been processed on your behalf, then you will be charged for that order and the items ordered will be delivered. To cancel and delete your Member Account, please contact www.Nimbarkfoods.com.
- Termination:- Nimbark Organic reserves the right to terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Member Account.
VI. COMMERCIAL USE
Members on this Website are prohibited from using the Website and the Services in connection with any commercial endeavors or ventures. Juridical individuals or entities, including, but not limited to, organizations, companies, and/or businesses may not register to become members of this Website or set up Member Accounts and should not use the Website for any purpose.
VII. PROCESSING AN ORDER
- Acceptance:- All orders are subject to acceptance by Nimbark Organic. Nimbark Organic reserves the right to reject or cancel an order at any time without any liability for the rejection or cancellation. The confirmation of receipt does not constitute a purchase contract. The confirmation of receipt only documents that your order has been received by Nimbark Organic. An order is accepted when you receive a confirmation email from Nimbark Organic stating that your order will be shipped. Nimbark Organic reserves the right, without notice, to make product substitutions when necessary provided such substitutions are similar in style, nature and quality.
- Rejected or Cancelled Orders:- If an order is rejected or cancelled by Nimbark Organic, Nimbark Organic will notify you of the rejection or cancellation by email. If an order is not filled, Nimbark Organic will either not charge you for all or the rejected or cancelled portion of your order, or provide you with a refund for the rejected or cancelled portion of your order.
- Delivery:- The delivery of the ordered merchandise will be made to the delivery address specified by you. The risk of loss and title for all products you order passes to you upon Nimbark Organic’s delivery to the common carrier (ex: FedEx, Bluedart, DTDC,etc.).
- Payment:- Nimbark Organic currently accepts payment from a number of different payment types including, Visa, MasterCard, etc. Nimbark Organic reserves the right to change or limit accepted payment methods from time to time in Nimbark Organic’s sole discretion. Further, Nimbark Organic reserves the right to take reasonable steps to verify your identity to process your order. Should Nimbark Organic use a third party to process order payments, payment is subject to the terms and conditions of that third party. Please note that agreements you may have with your credit institution or other institutions may result in additional costs and fees for electronic transactions.
- Returns:- Returns and exchanges are offered within 14 days of purchase. After 14 days, no returns are accepted.
VIII. INTELLECTUAL PROPERTY
In using this Website and Services, you may receive information and content from Nimbark Organic. While this Website is freely accessible, by accepting these Terms of Service, you acknowledge and agree that Nimbark Organic and/or its licensors is the sole and exclusive owner of all materials appearing on the Website and the materials are protected by copyright, trademark, and other intellectual property laws. You acquire no proprietary interest in any such rights and you may not remove or obscure any copyright notice or other notices contained on the Website or anything retrieved or downloaded from the Website. You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this Website and its Services, or proprietary information related thereto.
- No Challenge of Intellectual Property Rights:- You agree not to dispute, contest, or challenge, directly or indirectly, the validity or enforceability of Nimbark Organic’s intellectual property or Nimbark Organic’s ownership of its intellectual property, and you agree not to counsel, procure, or assist anyone else to do the same, unless such dispute contest or challenge is in connection with any intellectual property right you may have.
- Content Submission:- Should you submit content to the Website, or otherwise for Nimbark Organic’s Services, you hereby grant Nimbark Organic, a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute derivative works of, display, perform, and otherwise fully exploit the submitted content in connection with the Website, the Services, and Nimbark Organic’s (and its successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) or its Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant to each user of this Website and/or the Services a non-exclusive license to access your content through the Website and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of this Website and the Services.
You agree not to disclose information you obtain from Nimbark Organic and or from its clients, advertisers, suppliers and forum members. All information submitted to Nimbark Organic by an end-user customer is proprietary information of Nimbark Organic. Such customer information is confidential and may not be disclosed by Nimbark Organic, except as reasonably required for Nimbark Organic to conduct its primary business or to comply with a subpoena ordered by a court or other tribunal with proper jurisdiction. Nimbark Organic agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
X. LIMITED LIABILITY, DISCLAIMER OF WARRANTY
- Limited Liability:- You represent and warrant that (a) all of the information provided by you to this Website is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You hereby accept and agree that it is beyond Nimbark Organic’s control, and Nimbark Organic has no duty to take any action regarding which users gain access to the Website or use its Services. You release Nimbark Organic from all liability for you having acquired or not acquired content through this Website or the Services. This Website and/or the Service may contain, or direct you to other websites containing, information that some may find offensive or inappropriate. Nimbark Organic makes no representations concerning any content contained in or accessed through this Website or its Services, and Nimbark Organic will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Services. The views expressed by our partners, affiliates and third party websites accessed through this Website are not the views of Nimbark Organic and therefore shall not be attributed to Nimbark Organic.
IN ALL CIRCUMSTANCES NIMBARK ORGANIC’S MAXIMUM LIABILITY IS LIMITED TO CUSTOMER PURCHASE PAYMENTS RECEIVED DURING YOUR MEMBERSHIP. NIMBARK ORGANIC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, WHETHER UPON A CLAIM OR ACTION IN CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NIMBARK ORGANIC SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR PERSONAL INJURY, DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGES OF ANY KIND INCLUDING EXEMPLARY DAMAGES, WHETHER OR NOT NIMBARK ORGANIC HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. FURTHER, IN NO EVENT WILL NIMBARK ORGANIC BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Warranty Disclaimer:- NIMBARK ORGANIC MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR ERROR-FREE, ANY DEFECTS OR ERRORS WILL BE CORRECTED, ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THE RESULTS OF USING THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, AND NIMBARK ORGANIC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. NIMBARK ORGANIC MAY CHANGE, RESTRICT ACCESS TO, SUSPEND, OR DISCONTINUE THE WEBSITE, ITS SERVICES OR ANY PART THEREOF AT ANY TIME. THE INFORMATION, CONTENT AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE, AND ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY NIMBARK ORGANIC TO THE MAXIMUM EXTENT PERMITTED BY LAW. WHEN YOU USE THE SITE AND OR PARTICIPATE HEREIN, YOU UNDERSTAND AND AGREE THAT YOU PARTICIPATE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF SERVICE, WE DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS SOLD ON OR THROUGH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIMBARK ORGANIC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS, AND YOU AGREE TO HOLD US HARMLESS FROM THE SAME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR PRODUCTS IS SOLELY AT YOUR OWN RISK.
You shall and hereby do waive India Civil Code or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or the exclusion of implied warranties, the above exclusions or limitations may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. You may have other rights, which vary from jurisdiction to jurisdiction.
You shall defend, indemnify, and hold harmless Nimbark Organic, our affiliates, contractors and licensors including each of our and their respective members, agents, employees, contractors, directors, suppliers, content providers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Your rights under these Terms of Service cannot be assigned or transferred to any party without Nimbark Organic’s express written consent, and any such attempt without Nimbark Organic’s written consent may result in the termination of your Member Account and your access to the Website and its Services, without liability to Nimbark Organic. Nimbark Organic may assign this Agreement to any person or organization at any time without notice.
XIII. ENTIRE AGREEMENT
These Terms of Service shall be deemed an Agreement that contains the complete terms and conditions that apply to your use of this Website and the Services. This Agreement describes and encompasses the entire agreement between Nimbark Organic and you, the user of this Website and the Services provided through this Website. Further, this Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Website, the content and the software programs provided by or through the Website, and the subject matter of these Terms of Service.
Failure of Nimbark Organic to insist upon strict performance of any of these Terms of Service and the covenants provided herein shall not be deemed a relinquishment or waiver of any rights or remedy that Nimbark Organic may have, nor shall it be construed as a waiver of any subsequent breach of these Terms of Service and the covenants provided herein, which shall remain in full force and effect at all times. No waiver by either party of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Any provision of these Terms of Service which is prohibited, unenforceable, or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to extent of such prohibition, unenforceability, or non-authorization without invalidating the remaining provisions hereof or affecting the validity, enforceability or legality of such provision in any other jurisdiction. In addition, if a court or other tribunal shall hold that the restrictions herein are unreasonable or unenforceable under circumstances then existing, you agree that the maximum scope reasonable under such circumstances shall be substitute for the scope stated herein.
Sections VII (regarding indemnification), VIII (regarding intellectual property), X (regarding limitation of liability and disclaimer of warranties), and XIV (regarding severability) shall survive termination of these Terms of Service.
XVII. FORCE MAJEURE
Nimbark Organic has no obligation to provide, and no liability for failing to provide, the Services in the event that performance of the Services is delayed or prevented by causes beyond its reasonable control (including, but not limited to, acts of God, earthquake, flood, embargo, riots, sabotage, utility or transmission failures, fire, labor disturbances, acts of war, acts of terror, radiological, nuclear, chemical, or biological attacks, or a new and unforeseeable law or court order that prohibits Nimbark Organic’s performance of the Services).
XVIII. GOVERNING LAW, CLASS ACTION WAIVER
- Governing Law:- These Terms of Service shall be governed and construed in accordance with the substantive laws of India, without any reference to conflict-of-laws principles. In any action, litigation, arbitration or other proceedings between the parties arising out of these Terms of Service, the prevailing party in such action will be awarded, in addition to any damages, injunction or other relief, and without regard to whether or not such matter be prosecuted to the final judgment, such party’s costs and expenses, including, but not limited to, taxable costs and reasonable attorneys’, accountants’, and experts’ fees and costs.
- Class Action Waiver:- By using this website and its Services, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST NIMBARK ORGANIC. You will not participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.