Terms & Conditions

Emkay Food Products website (hereinafter referred to as "Emkay Food Products" or “Us” or “We”) ") is concerned about the privacy of its users (hereinafter referred to as “User” "You" "Your" "Yourself") accessing its Website called as “www.emkayfoodproducts.com” ("SITE") and has provided these terms and conditions ("T & C") to familiarize You with the manner in which Emkay Food Products collects, uses and discloses Your information collected through the Site. The documents and information displayed in this site are for reference purposes only.

USER AGREES

By using this site, You agree to the T & C of this site. If You do not agree with the T & C of this site, please do not proceed further to use the services of this site and it is hereby stated by Us that using this site without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law. We reserve the rights, at Our discretion, to change, modify, add, alter, delete or remove portions of these T & C. Your continued use of this site following the posting of any change or modification of these terms will mean You accept those changes or modifications.

The content on the site is updated on a continual basis. While Emkay Food Products attempts to keep its web information accurate and timely, it neither guarantees nor endorses the content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on this server or any other server.

ELIGIBILITY

The "User" shall be at least 18 years of age or over to register and avail the services of the site. "User" represents and warrants that he/she has the right, authority, and capacity to register for this site and to abide by all of the T & C of this site. The "User" shall not impersonate any person or entity, or falsely state or otherwise misrepresent the identity, age or affiliation with any person or entity.

Emkay Food Products may terminate the registration of the "User", and any content or information that "User" has posted on Emkay Food Products and/or prohibit "User" from using or accessing the service (or any portion, aspect or feature of the service) for any reason including the reasons stated above, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age.

REGISTRATION

As part of the registration process on the site, You will need to create an account with the site to view the offers listed on the site. Emkay Food Products may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

PAYMENT

All shoppers have to register and login for placing orders on the site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. All the products listed on the site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering be the prices charged on the date of the delivery. In case the prices are higher or lower on the date of delivery additional charges will be collected or refunded as the case may be at the time of the delivery of the order. The payment shall be processed by Payment Gateways.

APPEARANCE

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

TRADEMARKS

The trademarks, logos and service marks ("Marks") displayed on the site are the property of Emkay Food Products and other respective entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of Emkay Food Products or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") are protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

LIMITATION OF LIABILITY

Emkay Food Products will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Emkay Food Products including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

You expressly understand and agree that Emkay Food Products and its subsidiaries, affiliates, officers, employees, agents, partners, technology providers and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from use of the Site.

All transactions on Emkay Food Products, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of Emkay Food Products or its representatives, in which event the user agrees that the user shall only be entitled to a refund of the amount actually paid by the user and actually received by Emkay Food Products.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

INDEMNITY

You agree to indemnify and hold Emkay Food Products (and its officers, directors, agents, subsidiaries, joint ventures, technology providers, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T & C, or your violation of any law or the rights of a third party.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

ELECTRONIC COMMUNICATION

When you use the site or send emails to Emkay Food Products, you are communicating with Emkay Food Products (and its officers, directors, agents, subsidiaries, joint ventures, technology providers, and employees) electronically. You consent to receive communications from Emkay Food Products (and its officers, directors, agents, subsidiaries, joint ventures, technology providers, and employees) electronically. Emkay Food Products (and its officers, directors, agents, subsidiaries, joint ventures, technology providers, and employees) will communicate with you by email, SMS, by posting notices on the site and other forms of electronic media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USERS INFORMATION AND PRIVACY

Emkay Food Products is committed to protecting all the information you share with us. We follow stringent procedures to help protect the confidentiality, security, and integrity of data stored on our systems.

User Registrations: Emkay Food Products keeps track of your information to offer you the best possible rewarding experience. When you register (log in), you supply your Email & Mobile number. This allows us to provide you access to your account every time you visit our site. This information may be disclosed to specific members of our staff & technology partners involved in the order processing. We may require your phone number to contact you if we have questions about your payment. We or our associate companies & technology partners may also use your email & mobile number to notify you about new services or special promotional programs, or send you offers or information if you have not opted-out.

Service Providers: Emkay Food Products may use various outside agencies (third party service providers) to make our site operate. For example, We may use third parties to operate various features made available on our site, send emails, analyze data, provide search results and links, and assist in fulfilling your orders. Some of these third parties may need access to your information in order to make the services provided through our site work. Information will only be disclosed to these service providers on a need to- know basis, and they will only be permitted to use such information for the purpose of providing the particular services provided by such entities in connection with our site.

Exceptions And Changes: Emkay Food Products may be forced to disclose information in order to comply with court order, administrative or governmental order, or any other requirement of law, or when Emkay Food Products, in its sole discretion, deems it necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or Sitely our Site’s T & C. Personally identifiable information may be transferred as an asset in connection with a merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale, or other change in control.

YOU AGREE AND CONFIRM

• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Emkay Food Products for redelivery shall be claimed from you.
• That you will use the services provided by the site, its affiliates, consultants,technology partners and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you. Emkay Food Products reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), Emkay Food Products has the right in its sole discretion to reject the registration and debar you from using the services and/or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site.
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. That before placing an order you will check the product description carefully. By placing an order for the product you agree to be bound by the conditions of sale included in the item's description.

You may not use the site for any of the following purposes :

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offense or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person's use or enjoyment of the Site.
• Breaching any applicable laws.
• Interfering or disrupting networks or websites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You acknowledge that this Privacy Policy is part of the T & C and you unconditionally agree that using this site signifies your assent to Emkay Food Products's Privacy Policy. If you do not agree with this Privacy Policy, please do not use our Site. Your visit and any dispute over privacy are subject to this policy and our T & C, including limitations on damages. Emkay Food Products reserves the right to change the T & C and this Privacy Policy, at any time. We will post any changes so that you are always aware of our policy. Unless stated otherwise, our current Privacy Policy at site lies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

REMEDIES FOR BREACH OF CONDITIONS

In the event where a User used or uses the site in a manner which is prohibited according to the conditions of the statutes, or in a manner liable to cause other Users a disruption of services, or in a manner that constitutes a civil or criminal tort, or in a manner that arouses reasonable suspicion that the User is acting in a manner that contradicts and/or breaches the conditions determined in these terms of use, the Site administration will be authorized to block and / or to limit and / or to stop the supply of services to the User, including preventing them from participating in any service on the site, without the need for advance notice.

GENERAL

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Emkay Food Products may offer special promotional offers which may or may not be sitely to your Emkay Food Products account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Emkay Food Products.

This T & C and the relationship between you and Emkay Food Products will be governed by the Indian laws as the site is in India. Any disputes will be handled in the competent courts of Ahmedabad(Gujarat), India. The failure of Emkay Food Products to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Emkay Food Products does not guarantee it will take action against all breaches of this T & C. Except as otherwise, expressly provided in this T & C, there shall be no third-party beneficiaries to this T & C. This T & C constitutes the entire agreement between you and Emkay Food Products and governs your use of the site, superseding any prior agreements between you and Emkay Food Products with respect to the Site.

Notwithstanding any other provisions of this T & C or any general legal principles to the contrary, any provision of this T & C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T & C.

TERMS AND CONDITION FUTURE MODIFICATION(S)

The site reserves the right to change these conditions from time to time as it sees the need and the fit, and your continued use of the site will signify your acceptance of any adjustment to these terms. The user is required to check terms and conditions at every visit. No notification communication will be done subject to change in terms and conditions.