TERMS OF SERVICE
Last Updated: February 8, 2017
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Overview
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Welcome to Truefood!! Truefood is the operator of www.Truefood.in (the “Website”) and the developer and operator of the Truefood mobile application (the “App”). Throughout these Terms of Service, the terms “we”, “us” “Truefood” and “our” refer to Truefood, Inc. Truefood offers the Site, and the App, including all information, tools and services available from the website and the App to you, the user, conditioned upon your acceptance of all terms, policies, conditions, and notices stated below. NOTE THAT SECTION 25 OF THESE TERMS OF SERVICE CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
By visiting our website or the App and/ or by accepting these terms and conditions “Terms of Service,” or “Terms”) upon check out when buying something from us (the “Products”), or by you registering for a yearly membership to access the “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all members of the website, including without limitation users who are browsers, customers, merchants, vendors, and/ or contributors of content.
Please read these terms of service carefully before you start to use our site, as these will apply to your use of our site. By accessing or using any section of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of use of this agreement, then you may not access the site or use any Services. If these Terms of Service are considered an offer by Truefood, acceptance is expressly limited to these terms of Service.
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Any new tools or features which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. You are encouraged to review these Terms of service each time you use the website or the App because your use of the website or the App after the posting of changes will constitute your acceptance of the changes.
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Subject to your compliance with these Terms, we hereby grant you a personal, limited, non-transferable, non-exclusive license to access and use the website and the App. We reserve the right, in our sole discretion and any liability to you, to revise the products and services available on the website and the App and to change, suspend or discontinue any aspect of the website or the App and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the website or the App or restrict your access to part, or all, of the website or the App without notice or penalty. Your continued use of the website and the App will constitute your acceptance of any such changes.
Section 1 - Use of Site and App
You may use the website and the App only for your personal, non-commercial use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the website or the App and are responsible for the consequences of such communications. Any other use of the website or the App requires the prior written consent of Truefood. You may not otherwise copy, modify, or distribute the contents of this website or the App without the prior written consent of Truefood. You may not modify, transmit, publish, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the website or the App, in whole or in part.
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We require all our members to agree not to use the website or the App, and specifically prohibit any use of the website or the App, for any of the following purposes:
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Posting, transmitting or communicating any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Engage in any harassing, intimidating, threatening, predatory or stalking conduct;
Posting any info which is untrue, inaccurate or not your own;
Use or attempt to use another member’s account without authorization from such user and Truefood;
Using the website or the App to drop ship merchandise to 3rd parties;
Bulk purchases for resale;
Use the website and the App in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the website and the App or that could damage, overburden, disable, or impair the functioning of the website and the App in any manner;
Purposely engages in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Purchase of products for commercial use or in connection with distribution through a commercial meal service (e.g. school cafeteria; school snacks, etc.);
Attempting to interfere in any way with the website, the App’s or Truefood’s network security, or attempting to use the website or the App’s service to gain unauthorized access to any other computer system;
Use of the Service or shipment of products outside the America; and
Having more than one account per household
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You may not use spiders, robots, automated data mining techniques or other devices or programs to catalog, download or otherwise store, reproduce, or distribute content available on the website or the App. Further, you agree not to use any such automated means to manipulate the website or the App, such as automating what are otherwise manual or one-off procedures. You may not sustain any action to interfere with, or disrupt, the website or the App or any other user's use of the website or the App, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the website or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of service. You may not utilize framing techniques or frame of the Site or the App within another site. You may not resell use of, or access to, the website or the App to any 3rd party without the prior written consent of Truefood.
Section 2 - Website and App Not for Minors
The website is not targeted toward or intended for use by anyone under the age of 18. By agreeing to these Terms, you represent that you (a) are eighteen years of age or older, (b) are a legal resident of the US, (c) have not been previously suspended or removed from the website, or engaged in any activity that could result in removal or suspension from the website, (d) do not have more than one account, and (e) have full authority or power to enter into these Terms and in so doing will not violate any other agreement with any 3rd party. You may not sign up for a Membership or use the Services if you are not at least eighteen years of age. If we later discover or suspect that one is at least eighteen years of age, we reserve the right to take steps to cancel access to the membership or service, including cancellation of such person’s Membership.
A breach or violation of any of the Terms will result in termination of your access to the Services.
Section 3 - Fraud Protection
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to accept and/or execute an order on account of suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or other illegal activity, we may immediately reject your order or we may contact you at the email address or phone number you provided to confirm your order. We have the right to cancel any accounts or refuse to ship to certain addresses on account of suspected fraud or unauthorized or illegal activity. We take these extensive measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
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Section 4 - Truefood Membership
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In order for you to take advantage of the Services, be sure to sign up for a Truefood Membership. Information regarding the cost of the Membership can be found on our FAQs (the “Membership Fees”). All Membership Fees are paid in advance for the Membership term (the “Term”). Truefood may from time to time offer Membership term in addition to one year terms.
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ANNUAL MEMBERSHIPS:
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AUTOMATIC ANNUAL RENEWAL TERMS: All Memberships recur automatically for one (1) year periods until you cancel. By purchasing an Annual Membership, you agree and acknowledge that your Membership has an initial pre-payment option for one full year of service and a recurring Annual Membership Fee at the then-current Annual Membership rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Truefood after the expiration date of your payment card.
OTHER MEMBERSHIPS: From time to time Truefood may offer you a Membership for a period of less than one year. These Memberships renew automatically for one (1) year periods until you cancel. By not opting out of these shorter Membership offers, you accept and acknowledge that your membership has an initial prepayment function for the term of Service identified in the email offer and a recurring Annual Membership Fee at the then-current Annual Membership rate. You accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Truefood after the expiration date of your payment card.
CANCELLATION POLICY FOR MEMBERSHIPS: You may cancel your Membership plan at any time by contacting us at +91 8800777665 or email us at help@Truefood.in. We will not incur any charge for cancellation and your Membership will not continue past the then current period. However, all Membership Fees paid prior to termination of your Membership are non-refundable and you will be responsible for any charges to your chosen payment method for the Membership prior to your cancellation.
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PLEASE NOTE: ONCE YOU HAVE CANCELLED YOUR MEMBERSHIP AND THEN RETURN TO TRUEFOOD TO USE THE SERVICE BY PURCHASING PRODUCTS, YOUR CARD WILL BE AUTOMATICALLY CHARGED FOR THE ANNUAL MEMBERSHIP UPON CHECK OUT. YOU WILL NOT SEE THE CHARGE IN YOUR CHECK OUT CART.
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AUTOSHIP: By participating in Autoship program to replenish your Truefood Products, you agree and acknowledge that your participation in Autoship has an automatic recurring payment charge at the designated frequency in the amount of the then-current retail price of your selected product displayed on the relevant “Upcoming Deliveries” section of the website or the App and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Truefood after the expiration date of your payment card. If an Autoship product is out of stock at the time of delivery, you will be notified prior to the scheduled delivery and you will not be charged for that product for that period.
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AUTOSHIP RENEWAL TERMS: Subject to available inventory, the item you selected for auto replenishment will be automatically deliver to you at the designated frequency (e.g. every month) unless (i) you choose to skip a delivery or (ii) the product is out of stock, and your default payment method will be automatically charged twenty four hours after your “Change by” deadline for that shipment. You will be charged the amount of the then-current retail price for the item on the relevant “Upcoming Deliveries” section of the website and the App until you cancel your all of your Autoship products. Cancellations will apply to all upcoming deliveries that have not passed their “Change by” deadline.
CANCELLATION POLICY FOR AUTOSHIP: To cancel your Autoship program at any time, you may (i) logon to your account, (ii) go to your “Your Account” page and click on the “Autoship” tab, then select “My Autoship Items,” then click the cancel button for every product. If you leave any product “un-cancelled” you will continue to be enrolled in Autoship.
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The Autoship Program is a beta test Program (“Beta Program”). Truefood have the right to change or discontinue this Beta Program. We may make these changes at any time, with or without notice. Your continued participation in the Beta Program will constitute your acceptance of these terms, policies and service offerings. You also agree that Truefood have the right to use any ideas, understandings, information, and concepts derived from your evaluation of the Beta Program or any other information or suggestions you disclose, without restriction and without compensating you in any way.
Section 5 - Trial Offers
Truefood may, from time to time, to the extent permitted by law offer free trial Memberships for a limited period of time (“Free Trial”). The terms and conditions of such Free Trial memberships will be communicated to you when you register for the Free Trial.
AUTOMATIC RENEWAL FOR TRIAL PERIODS: If your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your Membership (plus any applicable taxes and other charges) for as long as your Membership continues, unless you cancel your Membership prior to the end of your free trial.
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CANCELLATION POLICY FOR TRIAL PERIODS: You may cancel your Membership at any time prior to the end of the trial period by contacting us at +91 8800777665 or email us at help@Truefood.in. Please note that you may not receive any information from us that your free trial has ended or that the paid portion of your subscription has begun. We have the right to modify or terminate free trials at any time, without notice and in our sole discretion.
Section 6 - Accuracy, Completeness, and Timeliness of Information
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Truefood is not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and ought not to be relied upon or used as the sole basis for making decisions without consulting primary, more complete, more accurate, or timely sources of information.
All descriptions, references, features, images, content, products, specifications, and prices of products and services described or depicted on the website and the App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and only provided for convenience purposes only. The inclusion of any products or services on the website and the App does not imply or warrant that these products or services will be available. It is your responsibility of the consumers to ascertain and obey all applicable local, federal, state, and international laws (including minimum age requirements) in regard to the receipt, use, possession, and sale of any item purchased from this website and the App.
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This website and the App may contain certain historical information, which is necessarily not current and is provided for your reference only. We have the right to modify the contents of this website at any time, but we have no obligation to update any information on our website or the App. It is your responsibility to monitor changes to our website and the App.
Section 7 - Modifications to the Service and Prices
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Prices for any products and services made available on website or app are subject to change without notice. If we are going to change the Membership Fees, we will inform you with notice of such change in a commercially reasonable manner.
We have the right at any time to modify or discontinue the service without notice at any time. We will not be liable to you or to any 3rd-party for any price change, modification, suspension, or discontinuance of the Service.
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Truefood have the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any service or product; (ii) impose conditions on the honoring of any coupon, promotional code, coupon code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any member with any product or service.
Certain services or products may be available exclusively online through the Service. These services or products may have limited quantities and are subject to exchange or return only according to our Return Policy.
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We will not give warranty that the quality of any services, products, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the Service will be corrected.
Section 8 - Accuracy of Billing and Account Information
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When you register for a Membership or purchase any service or product made available through the website and the App (each such purchase, a "Transaction"), you need to provide current, complete and accurate purchase and account information for all purchases made via our Service on our website and App. You agree to instantly update your account and other information, including your email and credit card account info, shipping address and expiration dates, so that we can finish your Transactions and contact you as needed.
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You may simply have one Membership account per household. We’ll have the sole judgment to determine if you have created more than one account per household and if we determine that you have done so, we have the right to cancel your Membership account and modify any orders that you have recently placed through the Services. These restrictions will include orders placed by or under the same membership account, the same credit card, and/or orders that use the same shipping address. We have the right to eliminate any order you place with us. We may limit or cancel quantities purchased per individual, per household or per order. If you have obtained numerous promotional discounts as a result of setting up numerous Memberships for a single household, we may charge you the difference for any item purchased with a discount that was obtained in violation of these Terms of service or the stated terms of the discount or promotion.
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In the circumstance that we make to cancel or a change an order, we may notify you by contacting the e-mail account and/or billing address/mobile number provided at the time the order was placed. We have the right to limit or prohibit orders that, in our sole discretion, appear to be placed by venders, resellers or distributors.
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You warrant and represent that you reserve the legal right to use any credit card or debit(s) or other payment method(s) utilized with any Transaction. By submitting such info, you grant to Truefood to provide such info to 3rd parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of info may be required to the completion or acknowledgment of any Transaction.
You agree that by placing an order on the website or the App and agreeing to these Terms of service and agree to pay all charges that may be incurred by you through the website and the App, at the price(s) in effect when such charges including, without limitation, all shipping and handling charges. Moreover, you will responsible for any taxes that may be applicable.
Section 9 - Additional Terms and Conditions
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You agree that additional terms of service may apply to specific items, orders or your use of certain portions of the website or the App, including with order, shipping and return policies, Returns Policy, review guidelines, and refer a friend programs (including the) (“Additional Terms”), which Additional Terms of service are made part of these Terms of service by reference.
Section 10 - Optional Tools
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We may not provide you with access to 3rd-party tools over which we monitor nor has any neither control nor input.
You agree that we provide access to such methods”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional 3rd-party tools.
Any use by you of optional methods offered through the website is completely at your own risk and discretion and you ought to ensure that you are aware with and approve of the terms on which methods are provided by the relevant 3rd -party provider(s).
We may also offer new services and/or features through the site (including, the release of new methods and resources). Such new services and/or features will also be subject to these Terms and condition.
Section 11 – 3rd-Party Links
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The Service may include links or connections to 3rd party web portal, products or services that are not controlled or owned by Truefood. When you access 3rd party web portals or use 3rd party services or products, you agree that there are risks in doing so, and that Truefood is not liable for such risks. We embolden you to be aware when you leave the Service and to read the terms of service and privacy policy of each 3rd party web portal or service that you visit or utilize.
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Truefood has no control over, and not have liable for, the content, accuracy, practices or privacy policies or opinions expressed in any 3rd party web portal or by any 3rd party that you interact with through the Service. Also, Truefood will not and cannot monitor, censor, verify, or edit the content of any 3rd party web portal or service. By using the Service, you hold us harmless from any and all responsibility arising from your use of any 3rd party web portal or service.
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Your interactions with individuals and/or organizations found on or through the Service, including delivery and payment of products or services, and any other terms, conditions, representations or warranties associated with such dealings, are simply between you and such individuals and/or organizations. You ought to make whatever investigation you have necessary or appropriate before proceeding with any offline or online transaction with any of these 3rd parties. You agree that Truefood shall not be liable or liable for any damage or loss of any kind incurred as the result of any such dealings.
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If there is a contention between participants on this website, or between users and any 3rd party, you agree that Truefood is under no arrearages to become involved. In the case that you have a contention with one or more users, you release Truefood, its employees, officers, agents, and successors from demands, claims, and damages of every sort or nature, known or unknown, disclosed or undisclosed, suspected or unsuspected, arising out of or in any way associated to such contentions and/or our Services. If you are a resident of India, you shall and hereby do waive India Civil Code Section 1542, which says: “A general release doesn’t extend to claims which the creditor doesn’t suspect or know to exist in his favor at the time of comply the release, which, if known by him must have factually affected his settlement with the debtor.”
Section 12 - User Comments, Feedback, and other Submissions
If, at our request, you send specific submissions (for instance Sweepstakes entries) or without a request from us you send creative ideas, proposals, suggestions, plans, or other materials (exclusive of your identifiable information), whether online, by postal mail, by email, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, copy, publish, edit, translate, distribute and otherwise use in any medium any Comments that you forward to us. We are and shall be under no arrearages (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
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We may, but have no arrearages to, monitor, remove or edit content that we determine in our sole discretion are offensive, threatening, unlawful, libelous, pornographic, defamatory, obscene or otherwise violates or objectionable any party’s intellectual property or these Terms.
You agree that your Comments will not objectionable any right of any 3rd-party, including copyright, privacy, trademark, personality or other personal or proprietary right. You further agree that your comments will not contain disgraceful or otherwise unlawful, obscene or abusive material, or contain any virus or other malware that could in any way affect the operation of the Service or any related web portal. You are liable for all Comments you contribute, in any manner, to the Service, and you warrant and represent you have all rights necessary to do so, in the way in which you contribute it. You are liable for all your activity in connection with the Services.
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You may not use a false e-mail, pretend to be someone other than yourself, or otherwise misguide us or 3rd-parties as to the origin of any comments. You are solely liable for any Comments you make and their accuracy. We take no liability and assume no responsibility for any Comments posted by you or any 3rd-party.
Section 13 - Copyright Infringement
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In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We have the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, content providers, affiliates, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that content or material residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Truefood’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
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A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material or content that is claimed to be infringing including info regarding the location of the infringing materials that the copyright owner seeks to have removed, with adequate detail so that Truefood is capable of finding and verifying its existence;
Contact information about the notifier including address, mobile number and, if available, email;
A statement that the notifier has a great faith belief that the material or content identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of false info the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we have the right to:
Disable or remove access to the infringing material;
Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
Terminate such content provider's access to the Services if he or she is a repeat offender.
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Procedure to Supply a Counter-Notice to the Designated Agent. If the material or content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it reserve the right to post and use such material from the copyright owner, the copyright owner's pursuant or agent, to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the material or content provider;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was disabled or removed;
A statement that the content or material provider has a good faith belief that the material or content was removed or disabled as a result of misidentification or mistake of the material; and
Content provider's name, address, mobile number, and, if available, email, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the material provider's address is located outside the US, for any judicial district in which Truefood is located, and that such person or entity will accept service of process from the individual who provided notification of the alleged infringement.
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If a counter-notice is received by the Designated Agent, Truefood may, in its judgment, send a copy of the counter-notice to the original complaining party informing that individual that Truefood may replace the removed content or cease disabling it in ten working days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed content may be replaced or access to it restored in ten to fourteen working days or more after receipt of the counter-notice, at Truefood's judgement.
Please contact Truefood's Designated Agent at the following address:
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Truefood.in
Attn: General Counsel
Truefood India,
Global Com,
Gurgaon,
INDIA 122001
Section 14 - Trademarks
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“Truefood,” the Truefood logo and any other Truefood service or Product names, logos or slogans that may appear on the websites or Products are trademarks of Truefood and may not be copied, imitated or used, in whole or in part, without our prior written agreement. You may not use any metatags or other “hidden text” utilizing “Truefood” or any other name, trademark or Product or service name of Truefood without our prior written agreement. Also, the look and feel of the websites and Products, including, without limitation, all page headers, button icons and scripts, custom graphics, constitute the service mark, trademark or trade dress of Truefood and may not be copied, imitated or used, in whole or in part, without our prior written agreement. All other trademarks, registered trademarks, Product names and agency names or logos mentioned on the websites or products are the property of their related owners and may not be copied, imitated or used, in whole or in part, without the permission of the respective trademark holder. Reference to any products, services, processes or other info by name, manufacturer, trademark, and supplier or otherwise does not imply or constitute endorsement, sponsorship or recommendation by Truefood.
Section 15 - Personal Information
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Your submission of personal info through the store is governed by our Privacy Policy.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain ancestral consent before they intentionally collect personally identifiable info online from children who are under thirteen. We do not intentionally collect or solicit personally identifiable info from children under thirteen; if you are a child under thirteen, please do not register for the Services or send any personal info about yourself to us. If we learn we have collected personal info from a child under thirteen, we will remove that information as instantly as possible. If you believe that a child under thirteen may have provided us personal info, please contact us at +91 8766201204.
Section 16 - Errors, Inaccuracies, and Omissions
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Sometimes, there may be information on our website or in the Service that contains typographical errors, omissions or inaccuracies that may associate to product descriptions, pricing, product shipping charges, promotions, offers, transit times and availability. We have the right to correct any errors, omissions or inaccuracies, and to change or update info or cancel orders if any info in the Service or on any associated site is inaccurate at any time without prior notice (including after you have submitted your order).
We introduce no obligation to update, amend or clarify info in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any associated site, ought to be taken to indicate that all info in the Service or on any associated site has been updated or modified.
Section 17 - Truefood Samples
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Truefood may offer, or partner with 3rd parties to offer product samples or discounts via the Services (“Samples”). To be eligible for a Sample, you may be needed to sign up for a Membership and/or provide Truefood with certain personal info. You may not attempt to secure more than one of any given Sample and simply one Sample will be provided per household; as determined by Truefood in its sole judgment. We have the right to suspend, terminate, or modify your Membership if you attempt to obtain Samples in violation of these Terms of service. From time to time the offer of Samples may be tied to a Free Trial Period. For terms and conditions of Free Trial Periods, please refer to Section 5 for more information regarding Free Trials.
Section 18 - Disclaimer – No Professional Advice
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Any information provided by us with respect to the products or otherwise (for example, product descriptions, promotional videos, blog posts or instructions) is for informational purposes only. You ought not to take any action based on the information contained in the website or App. The use of the website or the App is not intended to serve as a substitute for professional advice. You ought to read and strictly follow all product labels, packaging inserts and instructions, all manufacturer directions and all instructions and seek independent professional advice when appropriate.
Section 19 - Taxes
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Your total price will include the product price plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time of purchase of the product. We will collect taxes simply in states where products sold through the Internet are subject to taxable.
Important sales tax information of Kentucky with respect to taxes that may be owed directly to the state of Kentucky. We are not required to and don’t collect Kentucky sales or use taxes. Your purchase may be subject to Kentucky excise tax unless the purchase is tax exempt in Kentucky. The purchase is not exempt simply because it is done through the Internet, by catalog or by other remote means. The Kentucky Commonwealth requires Kentucky buyers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay excise tax on those purchases unless exempted under Kentucky law. The tax may be reported and paid on the Kentucky income tax return or by filing a consumer tax return with the Kentucky Department of Revenue. These forms and corresponding instructions can be found on the Kentucky Revenue Department web portal.
Section 20 - Prohibited Uses
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In addition to other abrogation as set forth in the Terms, you are prohibited from using the website or its content: (a) for any illegal purpose; (b) to seek others to perform or participate in any illegal acts; (c) to violate any international, provincial, federal, or state regulations, rules, laws, or local ordinances; (d) to transgress upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, harm, defame, slander, abuse, insult, disparage, intimidate, or discriminate based on gender, religion, ethnicity, national origin, race, sexual orientation, age, or disability; (f) to submit false or fallacious info; (g) to upload or transmit computer viruses or any other type of malevolent code that will or may be used in any manner that will affect the operation or functionality of the Service or of any associated site, other sites, or the Internet; (h) to collect or track the personal info of others; (i) to spam, pharm, pretext, phish, spider, crawl, or scrape; (j) for any immoral or obscene purpose; (k) to interfere with or abrade the security features of the Service or any associated site, other sites, or the Internet; or (l) in a manner incompatible with, or in violation of, these Terms of service. We have the right to terminate your use of the Service or any associated site for violating any of the prohibited uses.
Section 21 - Disclaimer of Warranties; Limitation of Liability
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Truefood attempts to display information on this web portal and in connection with the Services as accurately as possible. However, Truefood doesn’t guarantee to make any warranties or representations concerning any material contained in or accessed on the web portal and the App or through the Services, and we will not be liable for the accuracy, copyright compliance, legality, or decency of content contained in or accessed through the Services. We make no warranties or representations regarding recommendations or suggestions of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such suggestions and recommendations) through the Services are provided “AS IS” and without any warranty of any sort from Truefood or others (unless, with respect to such others only, provided unambiguously and expressly in writing by a designated 3rd party for a particular product). THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT ARISE FROM TRADE INDIAGE OR CUSTOM OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ENABLE LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT IN EVENT OF WILLFUL RECKLESS AND MISCONDUCT CONDUCT ON THE PART OF TRUEFOOD, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) WILL TRUEFOOD BE RESPONSIBLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, OR YIELDING DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, WORK STOPPAGE, LOSS OF GOODWILL, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY ASSOCIATED TO THE PRODUCTS OR SERVICES, OR OTHERWISE ASSOCIATED TO THESE TERMS OF SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFO OBTAINED FROM TRUEFOOD, OR FROM EVENTS BEYOND THE TRUEFOOD’S ADVISABLE CONTROL, SUCH AS WEBSITE INTERRUPTIONS, DELETIONS OF EMAILS OR FILES, OMISSIONS OR ERRORS, DEFECTS, TROJAN HORSES, BUGS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT OCCURING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, DESTRUCTION, THEFT OR UNAUTHORIZED ACCESS TO TRUEFOOD’S RECORDS, SYSTEMS OR PROGRAMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER IMPUTED ACTIVE OR PASSIVE) OR ANY OTHER LEGAL OR LEGITIMATE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES AND REGARDLESS OF WHETHER SUCH CONSEQUENTIAL DAMAGES WERE FORESEEABLE).
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM KINDRED RESPONSIBILTY OF TRUEFOOD ARISING OUT OF OR IN ANY WAY ASSOCIATED TO THE PRODUCTS OR SERVICES EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR SERVICES OR EXCEED THE GREATER OF Rs.100 OR THE AMOUNTS PAID BY YOU TO TRUEFOOD IN CONNECTION WITH THE SERVICES IN THE PRECEDING ONE YEAR PERIOD. THE PROCEDING LIMITATIONS SHALL APPLY EVEN IN THE CASE YOUR REMEDIES HEREUNDER FAIL OF THEIR VITAL PURPOSE, AND THE PROCEDING SHALL CONSTITUTE TRUEFOOD MARKEY’S SOLE RESPONSIBILTY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER EQUITABLE OR LEGAL THEORY.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, ADMINISTRATORS, EXECUTORS, LEGAL AND PERSONAL REPRESENTATIVES, THEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE TRUEFOOD FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE IN ANY WAY RELATED TO THESE TERMS, THE PRODUCTS AND THE SERVICES. IF YOU ARE A RESIDENT OF INDIA, YOU THEREBY WAIVE YOUR RIGHTS UNDER INDIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOESN’T EXTEND TO CLAIMS WHICH THE CREDITOR DOESN’T KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE FACTUALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE LIMITATIONS SET FORTH IN THIS SECTION 21 WILL NOT LIMIT OR EXCLUDE RESPONSIBILTY FOR PERSONAL INJURY OR PROPERTY DAMAGE PROXIMATELY AND DIRECTLY CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, MALICIOUS, WILLFUL OR RECKLESS MISCONDUCT.
Section 22 - Indemnification
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You agree to hold and indemnify Truefood, its affiliates, employees, officers, agents, and partners harmless from and against any and all liabilities, claims, damages (actual and consequential), expenses and losses (including attorneys’ fees) boosting from or in any way associated to any 3rd party claims relating to (a) your illegal use of the Services (including any actions taken by a 3ed party using your account), (b) your violation of these Terms, (c) your posting of any infringing or defamatory content on the website or App, and (d) your violation of any 3rd party rights in connection with your use of the Service, the website and the App. In the case of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact info we have for your account (provided that failure to deliver such notice shall not discard or reduce your indemnification obligations hereunder).
Section 23 - Assignment
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You may not transfer, delegate, or assign these Terms or your rights or obligations hereunder, or your account, in any manner (by operation of law or otherwise) without Truefood’s prior written agreement. We may assign, transfer, or delegate these Terms, and our Privacy Policy, along with our rights and obligations herein and thereto without agreement.
Section 24 - Termination
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The liabilities and obligations of the parties incurred prior to the termination date shall survive the termination of this consent for all purposes.
Account termination may result in destruction of any material related with your account, so remember before you determine to terminate your use of the Services.
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If in our sole discretion you fail, or we problematic that you have failed, to execute with any term of service or provision of these Terms, we also may terminate this consent at any time without notice and you will remain responsible for all amounts due up to and including the date of termination; and/or hence may deny you access to our Services (or any part thereof).
Section 25 – Dispute resolution and Arbitration
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PLEASE READ THE FOLLOWING SECTION MINDFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TRUEFOOD AND LIMITS THE WAY IN WHICH YOU CAN FIND RELIEF FROM US.
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BINDING ARBITRATION:
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Except for any claims, disputes, actions, causes of action, suits, demands or proceedings (collectively, “Disputes”) arising out of or associated to a violation of Section one or Disputes in which you seek to bring an individual action in small claims court or seek injunctive or other legitimate relief for the alleged illegal use of intellectual property, including, without limitation, trademarks, copyrights, logos, trade names, trade secrets or patents, you and Truefood agree (a) to waive your and Truefood’s associated rights to have any and all Disputes arising from or associated to these Terms of service, or the website, and the Apps, Content or Products, resolved in a court, and (b) to waive your and Truefood’s associated rights to a jury trial. Beside, you and Truefood agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more individuals charged with reviewing the Dispute and making a final determination to resolve it in place of having the Dispute decided by a judge or jury in court).
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No Class Actions, Class Arbitrations or Representative Actions: You and Truefood agree that any Dispute arising out of or associated to these Terms, the websites, the App, Content, the products or Services sold on the website is personal to you and Truefood and that such Dispute will be resolved merely through individual arbitration and shall not be brought as a class action, class arbitration or any other type of representative class. You and Truefood agree that there will be no arbitration in which an individual attempts to resolve a Dispute like a representative of another person or group of persons. Even, you and Truefood agree that a Dispute can’t be brought like a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other person or group of persons.
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Notice; Informal Dispute Resolution
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You and Truefood agree that each party will enlighten the other party in writing of small claims Dispute or any arbitrable within thirty days of the date it arises, so that the parties can attempt in great faith to resolve the Dispute functionally. Notice to Truefood will be sent by certified email or courier to Truefood, Inc., Attn: General Counsel, 4509 Glencoe Avenue, Marina Del Rey. Your notice should include (a) your name, mobile number, postal address, the email you use or used for your Truefood account and, if different, an email at which you can be contacted, (b) a description in proper detail of the nature or basis of the Dispute, and (c) the particular relief that you are seeking. Our notice to you will be sent through email and will include (x) our name, mobile number, postal address and an email at which we can be contacted with respect to the Dispute, (y) a description in proper detail of the nature or basis of the Dispute, and (z) the particular relief that we are seeking. If you and Truefood can’t agree how to resolve the Dispute within thirty days, then either you or Truefood may, as suitable and in accordance with this 25 Section, induct an arbitration proceeding or, to the extent particularly provided for above, file a claim in court.
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BESIDES, DISPUTES ARISING OUT OF OR ASSOCIATED TO A VIOLATION OF SECTION (ONE) 1 OR DISPUTES IN WHICH YOU SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEK INJUNCTIVE OR OTHER LEGITIMATE RELIEF FOR THE ALLEGED ILLEGAL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, TRADEMARKS, TRADE NAMES, TRADE SECRETS OR PATENTS, COPYRIGHTS, LOGOS, YOU AND TRUEFOOD AGREE THAT ANY DISPUTE MUST BE FILED BY YOU OR TRUEFOOD WITHIN 1 YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE PREMORDIAL CLAIM IS PERMANENTLY OBSTRUCTED (WHICH MEANS THAT YOU AND TRUEFOOD WILL NO LONGER HAVE THE RIGHT TO FILE SUCH CLAIM REGARDING THE DISPUTE).
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You and Truefood agree that any arbitration will be directed confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with accessible experience in resolving commercial contract disputes, who will be selected from the proper list of JAMS arbitrators in accordance with such Rules. Discretion upon the award rendered by such arbitrator can be entered in any court of competent jurisdiction. For all purposes of this Agreement, the parties agreement to exclusive jurisdiction and venue in the state or federal courts located in, respectively, ,India, or the Southern District of India.
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the distinctive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any expedient that would otherwise be available in court; provided, however, that the arbitrator doesn’t have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may merely conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class arbitration or representative proceeding or preside over any proceeding involving more than one individual.
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If any term, provision and clause of this 25 Section are held unenforceable and invalid, it will be so held to the minimum extent required by law, and all other terms, provisions and clauses of this 25 Section will remain enforceable and valid. Even, the waivers set forth in 25 Section are detachable from the other provisions of these Terms and will remain enforceable and valid, except as prohibited by applicable law.
You deserve the right to binding arbitration within thirty days of the date you first accepted the terms of this 25 Section by writing to: Truefood, Inc., Attn: General Counsel, 4509 Glencoe Avenue, Marina Del Rey, . In order to be effective, the notice must include your full name and email and distinctly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are consenting to resolve Disputes in accordance with 26 Section.
Section 26 - Choice of Law and Venue
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These Terms and your relationship with Truefood are governed by and will be conducted under the laws of the State of India, without regard to the conflicts of law provisions thereof. Any dispute arising from or associating to the subject matter of these Terms or to your relationship with Truefood will be finally settled in, India, in English. Any Dispute between the parties that is not subject to class arbitration or cannot be heard in small claims court, will be resolved in the state or federal courts of the State of India and the United States, systematically, sitting in the State of India, County of You and Truefood agree that these Terms affect interstate commerce and that the enforceability of this 26 Section will be both procedurally and substantively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Section 27 - Petitions
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By signing our petition, you will receive email from Truefood and its nonprofit partners: Food Democracy Now, Consumers Association, Center for Food Safety, Environmental Working Group. Throughout the website, the terms “we”, “us” “Truefood” and “our” refer to Truefood, Inc. You agree that your email and any other information provided by you or collected by us may be used by us in accordance with us and/or our Partners in accordance with our and/or our Partners’ Privacy Policies and may be shared with our and/or our Partners’ affiliated business entities. Additionally, entrants will directly be enrolled to receive emails from us and our assignees and (ii), to the extent any such entrant opts-in to receive such emails, may be enrolled to receive emails from our Partners. Any information provided may be used (a) by us in accordance with our Privacy Policy, which can be viewed at https://Truefood.in/privacy-policy and by our Partners in accordance with their Privacy Policy(s). All information submitted to us becomes our property and will not be returned and acknowledged.
Section 28 – Miscellaneous
If you or we failure in exercise, in any way, any right in the herein will not be deemed a waiver of any additional right hereunder. If any provision of these Terms is found invalid and unenforceable, such provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in fullest force and effect and enforceable. You and Truefood agree that these Terms are the exclusive and complete statement of mutual understanding between you and us, and that is cancels and supersedes all previous agreements, communications and other understandings associated to the subject of these Terms, and that all modifications to these Terms must be in writing and signed by both parties. No agency, joint venture, partnership, or employment is created as a result of these Terms and you have no authority of any kind to bind Truefood in any respect. You and Truefood agree that there are no 3rd party beneficiaries provided in these Terms.
Section 29 - Contact Information
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Questions about the Terms of Service ought to be sent to us at:
Truefood India
Gurgaon, INDIA 122001
Attn: General Counsel