Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules,2011. Being generated by a computer system it does not require any physical or digital signatures.Please read these Terms of Use fully and carefully before using the website yellowdiamond.in (the “Site”), features, content or applications owned by Prataap Snacks Limited (referred to below as “Company” or “us" or “our” and “we”). These Terms of Use set forth the legally binding Terms of Use for your use of the Site and the services.

  1. 1. Acceptance

    • These Terms of Use, which include our Privacy Policy govern your use of the Site or service. Each time you access or use the Site or services, you (i) accept this Terms of Use (on behalf of yourself or the entity that you represent), (ii) represent and warrant that you have the right, authority, and capacity to enter into this Terms of Use (on behalf of yourself or the entity that you represent) and access the Site, and (iii) agree that the Company has no obligation to investigate the authorization or source of any such access or use of the Site.

    • If you do not agree with all of the provisions of this Terms of Use, do not access and/or use the Site or services.

  2. 2. Eligibility

    • Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users.

  3. 3. Privacy

    • Personal Data is subject to our Privacy Policy (yellowdiamond.in/privacy) the terms of which are incorporated therein. Please review the Privacy Policy before using the service as it governs our treatment of any information. Please note that certain information, statements, data and content which you may submit to us are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data and content to us is voluntary on your part and that we may process and use such information, within the terms of the Privacy Policy.

  4. 4. Site License

    • Subject to the terms of this Terms of Use, Company grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and services for your personal, non-commercial use.

    • The rights granted to you in this Terms of Use are subject to the following restrictions:
      • you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or services;
      • you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or services;
      • you shall not access the Site or services in order to build a similar or competitive service; and
      • except as expressly stated herein, no part of the Site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or services shall be subject to the terms of this Terms of Use. All copyright and other proprietary notices on any Site or services content must be retained on all copies thereof.

    • Company reserves the right, at any time, to modify, suspend, or discontinue the Site, services or promotions or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, services, or promotions or any part thereof. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or services.

    • Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and services are owned by Company or Company’s licensors. The provision of the Site and services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Terms of Use.

    • “User Content” means any and all information and content that a user submits to, uses with or relates to the Company, the Site or services. By placing material on, or communicating with, the Site, social media or other channels (e.g., posting a comment to a Company post; publishing a picture or video on the Company’s Facebook profile) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Use, and that it will not cause injury to any person or entity. You grant Company and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Site in any form, media, software or technology of any kind now existing or developed in the future. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

  5. 5. Acceptable Use Policy

    • When using the services, you agree and confirm that:
      • - you will use the services provided by the Site 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. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in its sole discretion to reject the registration and debar you from using the services and / or Site without prior intimation whatsoever; and
      • - 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.

  6. 6. Usage Restriction

    • You shall not use the Site for any of the following purposes:
      • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
      • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
      • Gaining unauthorised access to other computer / network systems.
      • Interfering with any other person's use or enjoyment of the Website.
      • Breaching any applicable laws.
      • Interfering or disrupting networks or websites connected to the Website.
      • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

  7. 7. Copyright & Trademark

    • The Company expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us. Any use of this Site 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 the permission of the Company. You may not modify, distribute or re-post anything on this Site 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 Company. 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. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company is not responsible for the content of any third party sites and does 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 images, text, illustrations, designs, icons, photographs, programs and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. 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 Site or any related software. All software used on this Site is the property of the Company and protected by Indian and international copyright laws.

  8. 8. User Communications

    • Any communications sent by the user via this website or otherwise to the Company are on a non-confidential basis, and Company is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. We shall be free to use the content of any such communication, including any ideas, inventions, concepts, techniques or know how disclosed therein, for any purpose including developing manufacturing and/or marketing goods and services. The user agrees to not assert any ownership right of any kind in the communication (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and to waive the right to receive any financial or other consideration in connection with such communication including, but not limited to, acknowledgment of the user.

  9. 9. Indemnification

    • You shall defend, indemnify, and hold us harmless, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the services, or any security/data breach or hacking of the system/computer (including IT and operational failures) or otherwise from violation of these Terms and Conditions, or infringement by you, or any third party using your account or identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

  10. 10. Limitation of Liability

    • In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the information or services (i) for any data loss or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (if however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

  11. 11. Governing Law and Jurisdiction

    • This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Indore shall have exclusive jurisdiction in any proceedings arising out of this Terms of Use. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Use between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company 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 Indore. The courts of judicature at Indore alone shall have the jurisdiction and the Laws of India shall apply.

  12. 12. Termination

    • This Terms of Use is effective unless and until terminated either you or us. You may terminate this Terms of Use at any time, provided that you discontinue any further use of this Site. We may terminate this Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to us. Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under Terms of Use or otherwise. Any such termination of the Terms of Use shall not affect any liability that may have arisen under the Terms of Use.

  13. 13. Modification

    • We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend or discontinue the services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the services following notification of any changes to these Terms of Use constitutes acceptance of those changes.

  14. 14. Colours

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

  15. 15. Entire Agreement and Severability

    • These Terms of Use are the entire agreement between you and us with respect to the services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral written or electronic) between you and us with respect to the services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  16. 16. Force Majeure

    • We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

  17. 17. Assignment

    • These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

  18. 18. Agency

    • No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

  19. 19. No Waiver

    • Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

  20. 20. Headings

    • The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
 

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