TERMS & CONDITIONS
LICENSE AND SITE ACCESS
A limited sub-license is granted to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent by us. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent by us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of The Bombay Sparrow and its affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Site’s or our name or trademarks without the express written consent by us. Any unauthorized use terminates the permission or license granted by us.
ACCOUNT AND REGISTER
Customers are required to register and login for placing order on the site. By agreeing to the terms and conditions, the customer agrees to receive promotional communication and newsletters upon registration. Account and registration details will be kept for communications related to your purchases from the site. Customers can opt out by contacting our customer service or unsubscribe from ‘My Account’.
Customers agree to provide accurate & complete information for purchase made at our store. Customers are advised to keep their current account and billing information updated on their respective account, including delivery address email address and credit card numbers and expiration dates, so that we can complete the transactions and contact our customers as and when needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order, per person or per household. In the event of cancellation or changes that we make to your order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was confirmed. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
Prices payable for perishable products including but not limited to fruits and vegetables are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery You agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your order.
Unconditional and Irrevocable Payment shall be made while placing order and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement). On acceptance of the order by us, the payment shall stand appropriated to our account absolutely.
All other packed goods except for perishable products listed on the site must be sold on MRP’s or unless specified otherwise.
Colour of products that appear on our website are as accurate as possible. However, the eventual colours you see will depend on your monitor, we cannot guarantee the monitor’s colour display will be accurate. Therefore, a variation in the Colour of Product shall not be treated as any damage or defect in the Product.
MODIFICATION IN TERMS AND CONDITIONS
We may modify the terms and conditions of use at any time without prior notifications to you. Latest versions of T&C can be accessed every time on the site. If modified terms are not acceptable, customers can discontinue using the service. However if the customer continues to use the site, he will be deemed to have accepted the revised T&C.
ERRORS, INACCURACIES AND OMISSION
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related websites, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
COPYRIGHT AND TRADEMARK
The Bombay Sparrow, its licensors and its suppliers expressly reserve the right to all intellectual property rights in all technology, programs, product, processes, text, content and other materials appearing on this Site.
Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Sri Siddhi Organic. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without a prior written permission. You may not modify, distribute or re-post anything on this website for any purpose.
The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The Bombay Sparrow and its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including designs, images, text, photographs, illustrations, icons, music clips, video clips, programs, or any written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of The Bombay Sparrow or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by The Bombay Sparrow, one of its affiliates or by third parties who have licensed their materials to The Bombay Sparrow and are protected by Indian and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of The Bombay Sparrow and is also protected by Indian and international copyright laws.
You agree to indemnify, defend and hold harmless thebombaysparrow.com and our parent, directors, partners, suppliers, contractors, subcontractors, agents, licensors, subsidiaries, service providers, affiliates, officers, employees and interns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.