Terms and Conditions
theindianbean.com
Customer Agreement
This Agreement (the "Agreement") is a legal agreement between you and theindianbean (the sole owner of its brand “theindianbean” & “theindianbean.com”) that states the terms and conditions under which you may receive the theindianbean Service and use the theindianbean Website ("theindianbean.com"). If you use the theindianbean Service or indianbean.com, you agree to these terms and conditions. theindianbean and theindianbean.com is hereinafter referred to as theindianbean.com.
theindianbean.com Service is a service available to authorized users ("customers") who access theindianbean.com. theindianbean.com currently provides an online coffee shopping and delivery service, and may in the future provide additional shopping and related services.
theindianbean.com's employees, agents or designees will deliver orders for coffee available on tindianbean.com. Delivery will be charged at Rs. 75 per order and an additional Rs. 75 for a cash-on-delivery service and made to the delivery address that you specify when you confirm your order.
Prices for products you place in your cart will be guaranteed for the transaction. Payment for coffee is due at the time of delivery. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If theindianbean.com cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, or wrong address / details given to us by you, will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the theindianbean.com Service, you may call customer service at the time of receiving your order at 9820745916 or write to us at order@theindianbean.com. theindianbean.com’s liability for missing a delivery is limited to delivery at a later agreed time at no additional charge.
(a)Pricing: All the products listed on indianbean.com will be sold at price stated in the Website although prices of the coffee do not fluctuate on a daily basis but is subject to change depending on various factors. Revised prices will be updated almost immediately on the portal.
(b)Cancellation Policy: as a policy you will not be able to cancel any order after it is placed on the Website but one can email us at customercare@theindianbean.com within 6 hours of it being ordered for us to cancel/refund the same. However, if there are changes in the delivery address or need to add more products, you need to call us on customer care number 9820745916.
Please note: If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them. Please note we have a ‘no return and refund policy’.
2. Property Rights.
(a) Copyright: All content on theindianbean.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of theindianbean.com. theindianbean.com authorizes you to view and copy for the sole purpose of placing an order with theindianbean.com, for your personal use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on theindianbean.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of theindianbean.com is strictly prohibited. theindianbean.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from theindianbean.com.
(b) Trademarks: " theindianbean," “theindianbean.com,”, all theindianbean.com logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of theindianbean.com or otherwise proprietary to theindianbean.com and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on indianbean.com are the property of their respective owners.
3. Your Account. You agree to provide theindianbean.com with accurate and complete information as required by registration for the theindianbean.com Service ("Customer Registration Data"), including, but not limited to, your name, billing and delivery addresses, telephone number and promptly to notify theindianbean.com of any change in your Customer Registration Data at theindianbean.com. Upon registration, your username and password will allow you to access the theindianbean.com Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify indianbean.com promptly of any unauthorized use of your password or your account. You will remain liable for any use of the theindianbean.com Service until you notify theindianbean.com of the unauthorized use, loss or theft.
4. Reviews, Comments, Communications, and other Contents. Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. theindianbean.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
(I) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
(ii) theindianbean.com may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of indianbean.com violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
(iii)Any information provided by you on this site shall not be misleading in any way.] Internal Note: Kunal – is this relevant for your website?
5. Unauthorized or Fraudulent Use: theindianbean.com does not offer the theindianbean.com Service to children. By registering for the theindianbean.com Service, you warrant that you are at least 18 years old. If you are under 18, you may use the theindianbean.com Service only with the involvement of a parent or guardian. From time to time, indianbean.com may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use.
6. Changes in Agreement or theindianbean.com Service: theindianbean.com may at any time change any of the terms of this Agreement but not limited to, the amount of, or basis for determining, any fees or charges for the theindianbean.com Service. If theindianbean.com makes material changes to this Agreement, theindianbean.com will provide notice to you in a manner provided in this Agreement. Your use of the theindianbean.com Service after any such change will be conclusively deemed acceptance of such change. theindianbean.com may discontinue or revise any or all aspects of the theindianbean.com Service without prior notice to you. Price and availability of products are also subject to change without notice.
7. Links to other websites - theindianbean.com may contain hyperlinks to websites operated by parties other than theindianbean.com. The inclusion of hyperlinks to such websites does not imply theindianbean.com’s certification or endorsement of such websites nor any association with their operators. theindianbean.com or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or theindianbean.com. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites.
7. Disclaimer of Warranty and Limitation of Liability. YOUR USE OF THE theindianbean.com SERVICE, theindianbean.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. theindianbean.com SERVICE, theindianbean.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIANBEAN.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. theindianbean.com DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THEINDIANBEAN.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEINDIANBEAN.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER THEINDIANBEAN.COM NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, theindianbean.com SERVICE, THEINDIANBEAN.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH THEINDIANBEAN.COM.
8. Indemnification. You agree to defend, indemnify and hold theindianbean.com and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
9. Termination. theindianbean.com may suspend or terminate your access to the theindianbean.com Service at any time for any reason with or without notice to you. You may terminate your theindianbean.com Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice.
10. Privacy and Security. Your privacy is very important to indianbean.com. Please click here to review a complete statement of our Privacy and Security Policy.
(a) Aggregated Information. theindianbean.com may use aggregated information regarding its customers and usage of the theindianbean.com Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
(b) Electronic Communication - By using the theindianbean.com service, you consent to receiving electronic communications from theindianbean.com. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured coffees or other information or offerings. These communications are part of your relationship with theindianbean.com. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(b) Third Party Service Providers. theindianbean.com may employ other companies and individuals to perform certain functions such as delivering packages and analyzing data. They may have access to personal information to perform their functions.
[(c) Sale of Business. theindianbean.com may transfer Customer Registration Data and other personal information in connection with the sale of theindianbean.com or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.]
(d) Enforcement of Agreement or Compliance with Law. theindianbean.com may use or disclose personal information when indianbean.com believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of theindianbean.com or its users or to comply with the law.
11. Notices. theindianbean.com may give notice to you of a change in this Agreement and any other matter by general posting on indianbean.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data.
12. Legal and Miscellaneous. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Agreement or your use of theindianbean.com does not constitute any joint venture, partnership, employment or agency relationship between you and theindianbean.com.
(a)Arbitration
If any dispute arises between you and theindianbean.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by theindianbean.com. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
(b) Applicable law:
This site is created and controlled by theindianbean.com. The laws of India shall apply and courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and disclaimers. theindianbean.com reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of theindianbean.com. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
Our Corporate Office address:
Level 3, Neo Vikram, Above Audi Showroom, New Link Road, Andheri (W), Mumbai 400053
Customer Care:
customercare@theindianbean.com