These terms of use, read together with the privacy policy constitute a legal and binding agreement between you and AMITH CASHEW INDUSTRIES, having its registered office at City Centre, G B Panth Marg, Udupi-576101 (“ACI“).  The Agreement, inter alia, provides the terms that govern your access to use (i) ACI’s website www.amithargo.com (“Site”), and (ii) the purchase of Products, and any other service that may be provided by ACI from time to time (collectively referred to as the “Services”). You hereby understand and agree that the Agreement forms a binding contract between ACI and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you are advised not to proceed with using the Site or purchasing the Products or using the Services. The terms contained in this Agreement shall be accepted without modification. Your use of the Services would constitute acceptance of the terms of the Agreement.Throughout this document, “we”, “us”, “our”, “ours” or “ ACI ” refer to AMITH CASHEW INDUSTRIES and ‘you’ or ‘your’ refers to you (i.e., the User). 

 1] ELECTRONIC COMMUNICATION 

When you visit the Site, or send us e-mails, you are communicating with us electronically. Also when you place an order on the Site, you are accepting these terms of Use. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. 

2] ELIGIBILITY 

Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to ACI that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should ACI be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, ACI reserves the right to deactivate such User’s account or cancel any orders placed by such a minor user without further notice. 

If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization. 

3] COPYRIGHT 

Images of people, places and/or products posted on this Site are either the property of ACI or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “ACI Content”) is the property of ACI or its licensors, or affiliates and is protected by law. The compilation of this Site is the exclusive property of ACI and is protected by law. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at  customercare@amithagro.com. 

 4] TRADEMARKS 

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to ACI, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of ACI, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site. 

5] LIMITED LICENSE AND SITE ACCESS 

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. 

6] WARRANTY 

All the information made available through the Site or the products (if any) included on or otherwise made available to you by ACI through the Site or otherwise are provided without any representation or warranties, express or implied except otherwise specified in writing. 

7] IMAGES 

Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site. The images on www.amithargo.com are copyright protected and shall not be used without prior written consent of ACI. 

8] USE OF THE SITE 

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not: 

• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site; 
• frame or link to the Site without permission; 
• use data mining, robots, or other data gathering devices on or through the Site; 
• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; 
• disclose personal information about another person or harass, abuse, or post objectionable material; 
• sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent; 
• post advertising or marketing links or content, except as specifically allowed by these Terms; 
• use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to ACI or others; or 

• Access the Site from a jurisdiction where it is illegal or unauthorized. 

9] DISCLAIMER 

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability. 

User Disputes:- We are not responsible for any disputes or disagreements between you and any third party you interact regarding the Site or contents of the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release ACI of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site. 

Content Accuracy:- We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. 

We make no promises and disclaim all liability of specific results from the use of the Site. 

Released Parties Defined:- “RELEASED PARTIES” include ACI and its affiliates, officers, employees, agents, partners, and licensors. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

(A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE INFORMATION OR PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; 

(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT 
(i) THE SITE WILL MEET YOUR REQUIREMENTS, 
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, 
(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR
(v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND 

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. 

10] ON LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL 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 (EVEN IF ACI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 

(i) THE USE OR THE INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; 
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 
(iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE;
(v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR 
(vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF ACI CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL NOT EXCEED INR 1,000/-. 

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any ACI Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding. 

11] DISPUTE RESOLUTION 

These Terms and the relationship between you and ACI will be governed by the laws of Karnataka, India without regard to its conflict of law provisions. You and ACI agree that all disputes will be subject to arbitration at Udupi, Karnataka in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language and the sole arbitrator shall be appointed by ACI. That you and ACI hereby expressly and irrevocably attorn to the jurisdiction of the courts of Udupi with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement. You covenant not to sue ACI in any other forum. 

12] TERMINATION 

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply. 

13] WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME 

From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. Any changes we may make to these terms of use in the future will be posted on the Website. We recommend that you visit our Terms of Use page regularly. Your continued use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms. 

 14] WAIVER 

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. 

15] SEVERABILITY 

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. 

16] GRIEVANCE OFFICER 

In accordance with IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below: 
Name: Gajanan Pai  
Phone: 8095807446 
Email: office.amithcashew@gmail.com 
Time: 9am to 5.30pm