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TERMS OF USE

USER AGREEMENT

Dalmia Consolidated Private Limited, a company incorporated in India, having its registered office at A 238, Ground Floor, Okhla Industrial Area Phase 1, New Delhi 110020
(referred to herein as "Kaffa Cerrado", "we", "our" or "us") operates the Internet e-commerce website www.kaffacerrado.com (or any successor site) and its related sub-domains, sites, Services and tools ("Website"). The Website is provided as a service to you and is intended to allow you and other users to browse and order products and other goods or services ("Products") offered for sale on the Website. Kaffa Cerrado reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website. Please read these terms of use carefully before using the services.

1. ACCEPTANCE OF TERMS AND CONDITIONS

Kaffa Cerrado believes in giving its users a delightful and enjoyable shopping experience with a commitment to protect their privacy at all times. We have accordingly designed our Privacy Policy to protect your Personal Information and keep it confidential. Privacy of its users is important to Kaffa Cerrado and thus we take all reasonable endeavours to prevent unauthorized disclosure of user information to third parties. Kaffa Cerrado promises that we will not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent. Your trust and confidence are our highest priority.

2. PERSONAL INFORMATION

By using our Services (as defined below) you, the customer (referred to herein as "you", "your", or the "User") unconditionally agree to the terms and conditions that we have provided herein for the use of our Services. By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Website, you (i) accept the Terms of Use that appear below (all of which are called the "User Agreement") and agree to be bound by each of its terms, and (ii) represent and warrant to Kaffa Cerrado that: (a) You are at least eighteen (18) years of age and have the authority to enter into this User Agreement; (b) this User Agreement is binding and enforceable against you; (c) to the extent an individual is accepting this User Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (d) You have read and understand Kaffa Cerrado's Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy. This User Agreement is made between you and us and shall come into effect on April 1, 2014, 00.00 hours India Standard Time.
If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Privacy Policy, please do not click on the "check box" and on the "continue" button and do not seek to obtain access to or otherwise use the Website.

2. PURPOSE

The purpose of this User Agreement is to set forth the terms and conditions under which, among other things: (i) Kaffa Cerrado will license to you use of certain of Kaffa Cerrado's technology, software and/or services such that you can utilize Kaffa Cerrado's Services, and (ii) you can access and/or use the Website (collectively, the "Purpose").

3. SERVICES

The services provided by Kaffa Cerrado ("Services") shall include: (i) The provision to you of the Website to browse the Website and/or purchase any Products; (ii) Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you ("Logistics Supplier"); and (iii) Kaffa Cerrado’s customer support, enabling you to contact Kaffa Cerrado at [.] with any queries that you may have in relation to your purchased Product/s.

4. LICENSE

Kaffa Cerrado hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use Kaffa Cerrado's Website during the term of this User Agreement solely for the Purpose. Kaffa Cerrado may, from time to time, update or modify the Website, release new versions of the Website, which may, at Kaffa Cerrado's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights and/or obligations hereunder including, without limitation, access to the Website. Subject to these Terms of Use, Kaffa Cerrado may offer to provide the Services, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Kaffa Cerrado performs for you, any applications or widgets offered by Kaffa Cerrado that you download from the Website or from third party application stores authorized by Kaffa Cerrado, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)). You shall not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Website solely for its intended purposes and shall not use the Website for the benefit of any third party except as specifically contemplated under this User Agreement.

5. REGISTRATION AND ELIGIBILITY

No registration is required if you use the Website to search Products, browse or add Products to cart. You may browse the Website and view content without registering, but as a condition to using certain aspects of the Website, you are required to register with Kaffa Cerrado, by creating an account ("Account") on Kaffa Cerrado and represent, warrant and covenant that you provide Kaffa Cerrado with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Website) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account. For the purpose of this User Agreement, Account means the account successfully opened by the User on the Website by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time. You shall not: (i) Create any Account for anyone other than yourself without such person's prior written permission; (ii) Use a User Name that is the name of another person with the intent to impersonate that person; (iii) Use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or (iv) Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful. Kaffa Cerrado reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for all activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Kaffa Cerrado User Name and password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Kaffa Cerrado in writing of any unauthorized use of your Account, or other Account related security breach of which you are aware. Any conduct by a User that in Kaffa Cerrado's exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited. When you register and agree to be bound to this User Agreement, a contract between us and you for the use of our Services is accomplished by default. Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may not register as a member of the Website. Kaffa Cerrado reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Kaffa Cerrado’s notice or if it is discovered that you are under the age of 18 years. You represent that you are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

6. ORDER, PRICING AND PAYMENT

(i) You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in Indian Rupees. (ii) Kaffa Cerrado may not accept your order for Products if (a) the item/s is/are out of stock; (b) Kaffa Cerrado is unable to obtain authorization for your payment; (c) shipping restrictions apply to a particular Product; (d) Kaffa Cerrado finds a Product or pricing error; or (e) for any other reason at Kaffa Cerrado’s sole discretion. In any of these situations, Kaffa Cerrado will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun. (iii) All prices posted on the Website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the Website. (iv) From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Kaffa Cerrado will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with Kaffa Cerrado to resolve such issues, and you agree that Kaffa Cerrado shall have full discretion to determine the appropriate resolution in such cases. (v) All payments must be received by Kaffa Cerrado prior to shipping unless the order is placed by using Cash on delivery (COD) payment mode. Kaffa Cerrado accepts payment by cheque/cash/draft, net-banking, credit card and debit card. (vi) All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, Kaffa Cerrado will cancel your order and contact you for an alternative method of payment. Kaffa Cerrado cannot be held responsible if this should result in a delay in dispatching your goods/Products. (vii) All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested. (viii) Certain orders may constitute improper use of the Services. Kaffa Cerrado reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Kaffa Cerrado’s sole discretion. (ix) In the event that a Product is listed at an incorrect price due to an error in pricing, Kaffa Cerrado shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Kaffa Cerrado may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. (x) Kaffa Cerrado reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by the same Account, the same credit card and also to orders that use the same billing and/or shipping address.

7. SHIPPING

(i) Kaffa Cerrado will arrange for shipment of the Products to you. Kaffa Cerrado shall process the shipment of any ordered Products forty-eight (48) hours after payment of the same has been received.Shipping schedules are estimates only and cannot be guaranteed. For Kaffa Cerrado to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details. (ii) Risk of loss and title for the Products that you purchase on the Website shall pass to you upon delivery of your purchased Products by the Logistics Supplier. (iii) Kaffa Cerrado is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you. (iv) All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately at [.], and arrange for the faulty Product to be returned to us.

8. RETURNS

Kaffa Cerrado will accept the return of the Products, provided such return is for Products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that Kaffa Cerrado is informed about such discrepancies within 24 hours from the date of receipt of the Product and provided that the Products are returned in their original condition. Please go through the Returns Policy available on the Website and the important information given here. The Returns Policy states that Kaffa Cerrado shall not accept the return of any perishable goods such as coffee beans and coffee capsules for reasons pertaining to quality unless the same has been received by you in an unsealed condition. All correctly returned Products will be refunded to the original purchaser as credit to the relevant credit/debit card or bank account used for the transaction after deducting the applicable bank charges (if any). If you think that we have provided you with an incorrect refund, please contact us immediately on coffee@dalmiainfra.com. Please note card refunds may take up to [15] business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and Kaffa Cerrado shall not be liable for any delays in refund by card companies. Kaffa Cerrado offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customers card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

9. CONTENT

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Kaffa Cerrado cannot guarantee the authenticity of any Content or data which users may provide about them. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, recommendations, reviews, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Kaffa Cerrado on or through the Website. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Website by users, is collectively referred to as, "User Submissions".

10. USER SUBMISSIONS

We may use your User Submissions in a number of different ways in connection with the Services and Kaffa Cerrado’s business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications ("Third Party Media"). By submitting User Submissions through the Website, you hereby do and shall grant Kaffa Cerrado a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and Kaffa Cerrado's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof). You also hereby do and shall grant each user of the Website, including Third Party Media, a non-exclusive license to access your User Submissions through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Website and Third Party Media. For clarity, the foregoing license grant to Kaffa Cerrado does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Kaffa Cerrado. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated; that Kaffa Cerrado will not be liable for any errors or omissions in any Content; and that Kaffa Cerrado cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. When you delete your User Submissions, they will be removed from the Website. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions or maybe retained by Kaffa Cerrado for such period as stipulated under law.

11. ELECTRONIC COMMUNICATIONS

When you use the Website or send an email or other data, information or communication to Kaffa Cerrado, you agree and understand that you are communicating with Kaffa Cerrado through electronic records and you consent to receive communications via electronic records from Kaffa Cerrado periodically and as and when required. Kaffa Cerrado will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.

12. FEES

Membership on the Website is free. There is no charge or fee for browsing and buying Products on the Website. Kaffa Cerrado may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event Kaffa Cerrado reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Kaffa Cerrado within such time as specified in the invoice. Non payment: Kaffa Cerrado reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Kaffa Cerrado. Kaffa Cerrado also reserves the right to take legal action in case of non-payment of fees by you to Kaffa Cerrado.

13. USE OF THE WEBSITE

You understand and agree that Kaffa Cerrado merely provides hosting services to its users and persons and that Kaffa Cerrado is an intermediary as defined under the Information Technology Act, 2000. Kaffa Cerrado neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Kaffa Cerrado has no control over the third party user generated content. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles: (i) You shall not host, display, upload, modify, publish, transmit, update or share any information or item that: (a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, (c) pedophilic, libelous, 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; (d) harms minors in any way; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) violates any law for the time being in force; (g) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (h) impersonates another person; (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (j) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation; (k) shall not be false, inaccurate or misleading; (l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (ii) You enable Kaffa Cerrado to use the information you supply us with ("Information"), so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Information, in any media now known or not currently known, with respect to your Information. Kaffa Cerrado will only use your Information in accordance with the User Agreement and Kaffa Cerrado's Privacy Policy. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Kaffa Cerrado has no obligation to monitor the Website, Content, or User Submissions. However, Kaffa Cerrado reserves the right to: (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Kaffa Cerrado is concerned that you may have violated these Terms of Use), or for no reason at all; and (ii) to remove, suspend or block any User Submissions from the Website. Kaffa Cerrado also reserves the right to access, read, preserve, and disclose any information as Kaffa Cerrado reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Kaffa Cerrado, its users and the public.

14. INTELLECTUAL PROPERTY

General Ownership All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this User Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between you and Kaffa Cerrado, you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and (ii) [.] is the sole owner of the name "Kaffa Cerrado" as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Kaffa Cerrado regarding the Website shall, upon submission to Kaffa Cerrado, be owned solely and exclusively by Kaffa Cerrado. In addition, Kaffa Cerrado shall be entitled to post feedback at the Website (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to Kaffa Cerrado.