Terms and Conditions

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TERMS OF USE & COPYRIGHT

Welcome to Archana’s Kitchen. Please read these Terms of Use and Copyright (“Terms of Use”) before using, browsing, or submitting content in any form or medium on Archana’s Kitchen. The most current version of these Terms of Use can be viewed at any time at: www.archanaskitchen.com. Using, browsing or submitting content in any form or medium to Archana;s Kitchen shall be deemed to be an acceptance of these Terms of Use.  If you do not agree to these Terms of Use, please do not use, browse or submit content on this Website. The domain name www.archanaskitchen.com (hereinafter referred to as "Website") is owned by Archana's Online Media & Publishing Services LLP, registered under the LLP Act of India, 2008 and having its registered office D604 Akme Ballet, Outer Ring Road, Doddanekundi, Bangalore 560037 (hereinafter referred to as ‘Archana’s Kitchen’).

For the purpose of these Terms of Use, wherever the context so requires,

  1. The term "You", “Your” and other cognate expressions shall refer to the user of the Website.
  2. The term "We", "Us", "Our" and other cognate expression shall mean Archana’s Kitchen and its representatives.
  1. Eligibility: You represent and warrant that You are competent, eligible and have the requisite authority to enter into this legally binding Terms of Use. You shall not use this Website if You are not competent to contract under the Indian Contract Act, 1872 and any /or other applicable laws, rules and regulations.
  2. Term: These Terms of Use shall continue to be in full force and effect as long as You access and use the Website.
  3. You are advised to read these Terms of Use carefully before using the Website. Once you start and continue using the Website, it is deemed that you have accepted these Terms of Use and it will be a legally binding agreement between You and Us and you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by Us, and they shall be deemed to be incorporated into this Terms of Use and shall be considered a part and parcel of this Terms of Use.  You acknowledge that We have provided you with a reasonable opportunity to review the Terms of Use before using the Website.
  4. By continuing to use the Website, or by submitting content for publication on the Website, You agree to abide by these Terms of Use.  Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our Website shall be subject to these Terms of Use. 
  5. We reserve the sole right to modify the Terms of Use without prior permission or intimation to You. You have a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the Website following such a change, You are deemed to have consented to be bound by the amended Terms of Use. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
  6. We May Discontinue or Suspend Our Site or Terminate Your Use. We reserve the right at any time and from time to time and for any reason whatsoever to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice. You agree that We shall not be liable to You or any third party for any such modification, suspension or discontinuance of our Website. In addition, We reserve the right to terminate Your access to our Website for any reason whatsoever, and to take any other actions that We, in our sole discretion, believe to be in Our interest and the interest of Our users as a whole
  7. Copyright and Intellectual Property
    1. We have the exclusive rights to Our Website and its content (including past, present and future versions); You grant Us certain Rights when You submit content to Us as governed under the Privacy Policy or your Consultant Agreement (as applicable). Our Website (including all text, photographs, graphics, video and audio content contained on our Website) is protected by copyright as a collective work or compilation under the copyright laws of India, and We (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our Website are also copyrighted works, and We (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Website. The content on the Website is provided for Your information and for Your sole, personal and non-commercial use only.
    2. By posting or submitting content on or to Our Website regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise (“Submitted Content”), You are giving Us, and Our affiliates, agents and third party contractors the right to display or publish such Submitted Content on our Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such Submitted Content, and to distribute such Submitted Content and use Submitted Content for promotional, publishing and marketing purposes on the Website and other Archana’s Kitchen-branded environments including social media. You hereby acknowledge that such Submitted Content is not confidential and you hereby grant to Us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, modify, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Content and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party. We reserve the right to remove or not publish submissions without prior notice. You understand that We may sometimes edit, compile or otherwise modify Your contributions and submissions and You shall not have the right to display, publish or distribute such modified content.
    3. You shall be responsible for any submissions You make and the consequences thereof. You represent and warrant that You have the necessary rights, licenses and other permissions to use the Submitted Content.
    4. You have no right to post any material protected by copyright, trademark or other proprietary rights without our express permission and without the prior approval of the owner of such content. You also agree and acknowledge that You shall be liable for any action or damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any Submitted Content posted by You.
    5. You are prohibited from publishing, copying, or in any way exploiting, any of the content of the Website, in whole or in part, except when and in the manner explicitly allowed by Us. Unless expressly permitted under copyright law, no copying, publication, or commercial exploitation of material accessed or downloaded from the Website will be permitted without Our express written consent.
    6. In the event of authorized copying, redistribution or publication of copyrighted material, no changes in or deletions of author, trademark, or copyright notice shall be made. You agree that You do not acquire any ownership rights by copying or downloading copyrighted material
    7. You agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage Us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business without the prior permission of Archana’s Kitchen.
  1. User Obligations
    1. You are a restricted user of this Website. You shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer or sell any recipe, material, information or software obtained from the Website. For avoidance of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.
    2. You acknowledge that any and all resources or recipes listed on this Website are merely for Your information and convenience. They do not substitute any medical advice. Always check with your personal dietician or medical service provider before using any recipes or ingredients. Recipes and articles posted on the Website are submitted by individuals and may reflect their experiences and prejudices. You acknowledge that usage of such recipes and articles are solely at Your own risk.  .
    3. You agree not to access (or attempt to access) the Website and/or the materials by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is expressly prohibited. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities in relation to such content on the Website.
    4. You shall not:
      1. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Website,  its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
      2. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
      3. Collect or store data about other users.
      4. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
      5. Violate any applicable laws or regulations for the time being in force within or outside India;
      6. Violate these Terms of Use  and Privacy Policy available on the Website;
      7. Violate any code of conduct or other guidelines, which may be applicable to the use of this Website;
      8. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
      9. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
      10. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
      11. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
    5. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
    6. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible claims or crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
  1. We shall prior to the collection of information including sensitive personal data or Personal Information, provide an option to You not to provide the data or information sought to be collected. You shall, at any time while availing the services or browsing the Website, have an option to withdraw Your consent given earlier to Archana’s Kitchen. Such withdrawal of the consent shall be sent in writing to Archana’s Kitchen. In the case You do not provide Your consent or later on withdrawing the consent, Archana’s Kitchen shall have the option not to provide services for which the said information was sought.
  1. Disclaimer Of Warranties And Liabilities

You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, archana’s kitchen, its owners, affiliates, group companies, associated entities, officers, directors, employees, consultants, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Archana’s Kitchen, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Archana’s Kitchen does not guarantee the accuracy, completeness, or usefulness of any information and neither does Archana’s Kitchen adopt nor endorse, nor is Archana’s Kitchen responsible for, the accuracy or reliability of any opinion, advice, or statement made by any third parties other than Archana’s Kitchen. Archana’s Kitchen takes no responsibility and assumes no liability for any Submitted Content that You or any other user or third party posts, sends or transmits through the Website. Under no circumstances will Archana’s Kitchen be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though Archana’s Kitchen strives to enforce these Terms of Use, You may be exposed to Submitted Content that is inaccurate or objectionable. Archana’s Kitchen reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Archana’s Kitchen shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under applicable law. If you become aware of misuse of the Website, please contact us info@archanaskitchen.com.

  1. Limitation of Liability

In no event shall Archana’s kitchen, its owners, affiliates, group companies, associated entities, officers, directors, employees, consultants, or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind arising from the use of the website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that archana’s kitchen shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by Archana’s Kitchen from its facilities in India. Archana’s Kitchen makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so oft their own volition and are responsible for compliance with applicable laws.

  1. Indemnification And Limitation Of Liability

You agree to indemnify, defend and hold harmless Archana’s Kitchen including but not limited to its affiliate vendors, agents, employees and directors from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. Further, you agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the Terms Of Use, or your violation of any rights of another, including any intellectual property rights.  
In no event shall We, our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

  1. conform to legal requirements or comply with legal process;
  2. protect and defend our rights or property;
  3. enforce the Terms of Use; or
  4. act to protect the interest of our members or others.
  1. Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Terms of Use, including the determination of the scope or applicability of this Terms of Use to arbitrate, or your use of the Website or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Archana’s Kitchen. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

  1. Ability to accept Terms of Use

The Website is not structured for use by minor children under eighteen (18) years. Parents are advised to carefully monitor and supervise the usage of our Website by their children below eighteen (18) years of age. You are required to be above eighteen (18) years of age and be otherwise legally competent to contract, to have the legal capacity to accept the Terms of Use.

  1. Miscellaneous Provisions 

(a)         You agree that: (i) the Website shall be deemed solely based in India;  (ii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and Archana’s Kitchen. Nothing contained in these Terms of Use shall constitute you as the agent of Archana’s Kitchen or otherwise entitle you to have authority to bind Archana’s Kitchen for any purpose.

(b)        These Terms of Use together with the Privacy Policy and any other legal notices published by Archana’s Kitchen on the Website, shall constitute the entire agreement between you and Archana’s Kitchen concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Archana’s Kitchen’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Archana’s Kitchen reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

  1. Contact and Violations: Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to info@archanaskitchen.com.
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