TERMS & CONDITIONS

TERMS OF SERVICE

These Terms of Service (“Agreement”) apply to the use of website – www.bayrich.in (“Website”) For the purposes of this Agreement, wherever the context so requires “you” or “User” shall mean any person including any natural or legal person who uses the Website or buys any product of Gupte Foods And Beverages using any computer system or other device including but not limited to any mobile device, handheld device and tablet and “we” shall mean Gupte Foods And Beverages.

ACCEPTANCE

Gupte Foods And Beverages encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website and / or the purchase of Products (defined below). If you do not agree with this Agreement (including any policies or guidelines referred to herein), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar. The Website can be viewed subject to User’s acceptance without modification of any of the terms and conditions contained in this Agreement. By accessing or using any part of this Website, the User agrees to be bound by the terms and conditions of the Agreement as such terms and conditions may be modified by Gupte Foods And Beverages from time to time as per their sole discretion. IN THE SITUATION OF THE VIEWER NOT AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, USERS ARE REQUESTED NOT TO USE THE WEBSITE. User’s continued access or use of the Website following any alteration to the Agreement constitutes User’s acceptance of those alterations or modification of the terms.

ELIGIBILITY

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms and conditions set forth in this Agreement.
Gupte Foods And Beverages reserves the right to terminate your membership and/or refuse access to the Website, if you are below eighteen (18) years of age or otherwise incompetent to contract as per applicable law.

TERMS OF US

The Website and all the information, images, logos, and other materials on this Website, including the “look and feel” of the Website (collectively “Web Content”), are the exclusive intellectual property of Gupte Foods And Beverages and/or other authors whose work may be represented herein. Unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on this Website, without express and written approval from Gupte Foods And Beverages is a violation of copyright laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Website, subject to the terms of this Agreement. You agree that you will not violate any laws in connection with your use of the Website or interfere with or try to disrupt the Website.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on the Website including the brand name – Bayrich (collectively known as “content”) are owned by Gupte Foods And Beverages. You are expressly prohibited from using any Content without the express written consent of Gupte Foods And Beverages. Except as otherwise stated in this Agreement, none of the Content may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Gupte Foods And Beverages, and/or the appropriate. Permission is granted to display, copy, distribute, and download the materials on the Website solely for your personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Gupte Foods And Beverages’ express written permission, ‘mirror’ any material contained on the Website or any other server. Any permission granted under this Agreement terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed Content.

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website 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, 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;
c. Harm minors in any way;
d. Infringes any patent, trademark, copyright or other proprietary rights;
e. Violates any law for the time being in force;
f. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. Impersonates another person;
h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website;
i. 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.

You agree not to collect information of other users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.

ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

PRODUCTS, ONLINE ORDERS AND PRICING

Gupte Foods And Beverages is currently delivering orders of the products listed on the Website (“Products”) and providing various offers mentioned on the Website (“Offers”) only at select locations in the cities of Thane city, Kalwa, Mumbai & Navi Mumbai (“Operating Locations”). We will not be able to service orders at any place other than the Operating Locations. Any modification in the Operating Locations of Gupte Foods And Beverages shall be mentioned on the Website.
All Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed an order.
We take care to accurately display the description, colors and images of our Products but, we cannot guarantee nor take responsibility for variations in pictorial representations for the Products and color variation due to technical reasons. Prices and descriptions of the Products are subject to change at any time without notice, at our sole discretion.
We shall not be liable to you or to any third-party for any modification in price, suspension or discontinuance of the Products.
In case the quantity of the Product supplied to you exceeds the quantity ordered by you, any additional amount due from you will be adjusted against your next order.
The Products sold on the Website are perishable goods. Hence, we recommend that you read the instructions written on the packaging of each Product carefully, before using such Product.
Any offers available on the Website shall be, in addition to this Agreement, subject to the terms and conditions as may be listed on the Website in relation to such offers.
Gupte Foods And Beverages has proprietary rights and trade secrets in the Products. You shall not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Gupte Foods And Beverages.

DELIVERY, HANDLING CHARGES AND TAXES

Gupte Foods And Beverages may charge such delivery and handling charges, as maybe determined by Gupte Foods And Beverages from time to time along with the applicable taxes.
Although Gupte Foods And Beverages strives to deliver the orders on time, there may be situations wherein the actual time taken for delivery of a Product shall vary from the delivery time mentioned at the time of ordering such Product. Gupte Foods And Beverages shall keep you updated about any delays in delivering of Products.

WEBSITE

Intellectual Property and Third-Party Links
Gupte Foods And Beverages is the owner of the brand Bayrich and the Website and has the exclusive right, title and ownership of any and all intellectual property rights arising out of it’s brand and the Website.
User Account
To access and use the Website, you may register with us by providing the required information. You are responsible for ensuring the accuracy of this information.
You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. The billing information you provide us, including payment details, billing address and other payment information, is subject to the same accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Website to further fraud or any unlawful activity is grounds for immediate termination of this Agreement.
By posting, storing, or transmitting any content on the Website, you hereby grant Gupte Foods And Beverages a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Gupte Foods And Beverages does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Gupte Foods And Beverages is not liable for any damage or harm resulting from any posts by or interactions between users. Gupte Foods And Beverages reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Gupte Foods And Beverages deems objectionable, at its sole discretion.
Security
You agree not to undertake any of the following actions:
1.Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
2.Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network; and
3.Use the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

DISCLAIMER OF WARRANTIES

Your use of this Website is at your sole risk. The Website, Products and offers are offered on an “as is” and “as available” basis. To the extent permitted under applicable laws, Gupte Foods And Beverages expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website, or any reliance upon or use of the Website or Products.
Without limiting the generality of the foregoing, Gupte Foods And Beverages makes no warranty that the content and the links to third-party platforms provided on this Website are accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this Website will create any warranty, not expressly stated herein, as to the results that may be obtained from the use of the Products or that any defects in the Products will be corrected.

LIMITATION OF LIABILITY

To the extent permitted under applicable laws, Gupte Foods And Beverages will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the use of Website, Products and offers in any manner, including liabilities resulting from
(1) the use or the inability to use the Website, Products or offers;
(2) the cost of procuring substitute Products; or
(3) any lost profits, loss of goodwill, loss, theft or corruption of user information that you may allege.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Gupte Foods And Beverages and any of it’s contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
(1) your violation of any provision of this Agreement including the breach of your warranties, representations and obligations under this Agreement by you;
(2) your use of the Website, Products or offers;
(3) infringement of any intellectual property or other proprietary right of any person or entity including Gupte Foods And Beverages by you; or
(4) any information or data supplied to Gupte Foods And Beverages by you.

MODIFICATION

Gupte Foods And Beverages reserves the right to amend this Agreement at any time, in accordance with applicable law, by posting such amendments or the amended Agreement on this Website.
Gupte Foods And Beverages may alert you of the amendments by indicating on the top of this Agreement the date it was last revised or by any other means. The amended Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such amendments will constitute continued acceptance of the Agreement including the amendments thereof.

PRIVACY

Gupte Foods And Beverages believes strongly in protecting user privacy and providing you with notice of use of your data. Please refer to Gupte Foods And Beverages’ Privacy Policy incorporated in the website.

GENERAL

Force Majeure Gupte Foods And Beverages will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of it’s obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, pandemic, lockdown conditions, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
Gupte Foods And Beverages may at any time, in it’s sole discretion and without advance notice, stop the operation of the Website and/or distribution of the Products and/or the offers provided on the Website.

Entire Agreement
This Agreement including the policies and guidelines included herein by reference comprise the entire agreement between you and Gupte Foods And Beverages and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver
The failure of Gupte Foods And Beverages to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law and Jurisdiction
This Agreement will be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Thane, Maharashtra.

Dispute Resolution
If any dispute arises between you and Gupte Foods And Beverages during your use of the Website or thereafter, the dispute shall be referred to a sole arbitrator, who shall be appointed by an independent and neutral third party arbitral institution identified by Gupte Foods And Beverages. The place of arbitration shall be Thane, Maharashtra. The arbitration proceedings shall be in the English language and shall be governed by Arbitration & Conciliation Act, 1996.
This arbitration agreement will survive the termination of this Agreement with you.

Waiver of Class Action Rights
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination
Gupte Foods And Beverages reserves the right to terminate your access to the Website without advance notice if it reasonably believes, in it’s sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Gupte Foods And Beverages may, in it’s sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Gupte Foods And Beverages reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Gupte Foods And Beverages chooses, in it’s sole discretion and without advance notice to you, to terminate it.
Use of Website outside Operating Locations
Gupte Foods And Beverages makes no representation that the Website or Products or offers are appropriate or available for use in locations other than the Operating Locations.

Assignment
You may not assign your rights and obligations under this Agreement to anyone. Gupte Foods And Beverages may in accordance with applicable law assign it’s rights and obligations under this Agreement in it’s sole discretion and without advance notice to you.

Severability
In the event that any provision of this Agreement 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 the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Conflict
This Agreement includes, and incorporates by reference, the Privacy Policy and any other rules or policies available on the Website including all other additional or modified terms and conditions and policies in relation to the Website or any current or future services that may be offered by Gupte Foods And Beverages. In the event of any conflict between the terms of this Agreement and any provision of the polices and guidelines available on the Website, the terms of this Agreement shall prevail in relation to the subject matter hereof and the terms of such polices and guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to carefully read all such policies and guidelines, as available on the Website.

Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website. Should you have any grievances about the processing of your personal information or if you have questions or comments about this notice, you may contact.

Mr. Vaibhav Gupte
Gupte Foods And Beverages
Registered address
310/G, Pala 3rd Floor, Empire Industrial Hub,
Plot No. 22, Chikhloli,
Ambernath, Thane, Maharashtra – 421501. INDIA,
Email: gupte.fandb@gmail.com, weserve@bayrich.in