TERMS AND CONDITION
- ACCEPTANCE OF TERMS AND CONDITIONS
- PERSONAL INFORMATION
The purpose of this User Agreement is to set forth the terms and conditions under which, among other things: (i) Kaffa Cerrado will license to you use of certain of Kaffa Cerrado's technology, software and/or services such that you can utilize Kaffa Cerrado's Services, and (ii) you can access and/or use the Website (collectively, the "Purpose").
The services provided by Kaffa Cerrado ("Services") shall include:
(i) The provision to you of the Website to browse the Website and/or purchase any Products;
(ii) Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you ("Logistics Supplier"); and
(iii) Kaffa Cerrado’s customer support, enabling you to contact Kaffa Cerrado at [.] with any queries that you may have in relation to your purchased Product/s.
You shall not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Website solely for its intended purposes and shall not use the Website for the benefit of any third party except as specifically contemplated under this User Agreement.
- REGISTRATION AND ELIGIBILITY
No registration is required if you use the Website to search Products, browse or add Products to cart. You may browse the Website and view content without registering, but as a condition to using certain aspects of the Website, you are required to register with Kaffa Cerrado, by creating an account ("Account") on Kaffa Cerrado and represent, warrant and covenant that you provide Kaffa Cerrado with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Website) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account.
For the purpose of this User Agreement, Account means the account successfully opened by the User on the Website by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time.
You shall not:
(i) Create any Account for anyone other than yourself without such person's prior written permission;
(ii) Use a User Name that is the name of another person with the intent to impersonate that person;
(iii) Use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or
(iv) Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Kaffa Cerrado reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for all activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Kaffa Cerrado User Name and password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Kaffa Cerrado in writing of any unauthorized use of your Account, or other Account related security breach of which you are aware.
- ORDER, PRICING AND PAYMENT
(i) You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in Indian Rupees.
(ii) Kaffa Cerrado may not accept your order for Products if (a) the item/s is/are out of stock; (b) Kaffa Cerrado is unable to obtain authorization for your payment; (c) shipping restrictions apply to a particular Product; (d) Kaffa Cerrado finds a Product or pricing error; or (e) for any other reason at Kaffa Cerrado’s sole discretion. In any of these situations, Kaffa Cerrado will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
(iii) All prices posted on the Website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the Website.
(iv) From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Kaffa Cerrado will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with Kaffa Cerrado to resolve such issues, and you agree that Kaffa Cerrado shall have full discretion to determine the appropriate resolution in such cases.
(v) All payments must be received by Kaffa Cerrado prior to shipping unless the order is placed by using Cash on delivery (COD) payment mode. Kaffa Cerrado accepts payment by cheque/cash/draft, net-banking, credit card and debit card.
(vi) All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, Kaffa Cerrado will cancel your order and contact you for an alternative method of payment. Kaffa Cerrado cannot be held responsible if this should result in a delay in dispatching your goods/Products.
(viii) Certain orders may constitute improper use of the Services. Kaffa Cerrado reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Kaffa Cerrado’s sole discretion.
(ix) In the event that a Product is listed at an incorrect price due to an error in pricing, Kaffa Cerrado shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Kaffa Cerrado may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
(x) Kaffa Cerrado reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by the same Account, the same credit card and also to orders that use the same billing and/or shipping address.
(i) Kaffa Cerrado will arrange for shipment of the Products to you. Kaffa Cerrado shall process the shipment of any ordered Products forty-eight (48) hours after payment of the same has been received.Shipping schedules are estimates only and cannot be guaranteed. For Kaffa Cerrado to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.
(ii) Risk of loss and title for the Products that you purchase on the Website shall pass to you upon delivery of your purchased Products by the Logistics Supplier.
(iii) Kaffa Cerrado is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
(iv) All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately at [.], and arrange for the faulty Product to be returned to us.
Kaffa Cerrado will accept the return of the Products, provided such return is for Products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that Kaffa Cerrado is informed about such discrepancies within 24 hours from the date of receipt of the Product and provided that the Products are returned in their original condition.
Please go through the Returns Policy available on the Website and the important information given here. The Returns Policy states that Kaffa Cerrado shall not accept the return of any perishable goods such as coffee beans and coffee capsules for reasons pertaining to quality unless the same has been received by you in an unsealed condition.
All correctly returned Products will be refunded to the original purchaser as credit to the relevant credit/debit card or bank account used for the transaction after deducting the applicable bank charges (if any). If you think that we have provided you with an incorrect refund, please contact us immediately on firstname.lastname@example.org.
Please note card refunds may take up to  business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and Kaffa Cerrado shall not be liable for any delays in refund by card companies. Kaffa Cerrado offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customers card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
- USER SUBMISSIONS
We may use your User Submissions in a number of different ways in connection with the Services and Kaffa Cerrado’s business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications ("Third Party Media"). By submitting User Submissions through the Website, you hereby do and shall grant Kaffa Cerrado a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and Kaffa Cerrado's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof). You also hereby do and shall grant each user of the Website, including Third Party Media, a non-exclusive license to access your User Submissions through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Website and Third Party Media. For clarity, the foregoing license grant to Kaffa Cerrado does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Kaffa Cerrado.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated; that Kaffa Cerrado will not be liable for any errors or omissions in any Content; and that Kaffa Cerrado cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.
When you delete your User Submissions, they will be removed from the Website. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions or maybe retained by Kaffa Cerrado for such period as stipulated under law.
- ELECTRONIC COMMUNICATIONS
When you use the Website or send an email or other data, information or communication to Kaffa Cerrado, you agree and understand that you are communicating with Kaffa Cerrado through electronic records and you consent to receive communications via electronic records from Kaffa Cerrado periodically and as and when required. Kaffa Cerrado will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.
Membership on the Website is free. There is no charge or fee for browsing and buying Products on the Website. Kaffa Cerrado may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event Kaffa Cerrado reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Kaffa Cerrado within such time as specified in the invoice.
Non payment: Kaffa Cerrado reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Kaffa Cerrado. Kaffa Cerrado also reserves the right to take legal action in case of non-payment of fees by you to Kaffa Cerrado.
- USE OF THE WEBSITE
You understand and agree that Kaffa Cerrado merely provides hosting services to its users and persons and that Kaffa Cerrado is an intermediary as defined under the Information Technology Act, 2000. Kaffa Cerrado neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Kaffa Cerrado has no control over the third party user generated content.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
(c) pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(d) harms minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights;
(f) violates any law for the time being in force;
(g) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonates another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defence, 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;
(k) shall not be false, inaccurate or misleading;
(l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- INTELLECTUAL PROPERTY
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this User Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between you and Kaffa Cerrado, you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and (ii) [.] is the sole owner of the name "Kaffa Cerrado" as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Kaffa Cerrado regarding the Website shall, upon submission to Kaffa Cerrado, be owned solely and exclusively by Kaffa Cerrado. In addition, Kaffa Cerrado shall be entitled to post feedback at the Website (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to Kaffa Cerrado.
- UNAVAILABILITY OF WEBSITE AND PAYMENT GATEWAY SERVICES
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website. While it is Kaffa Cerrado's objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Kaffa Cerrado, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Kaffa Cerrado shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT KAFFA CERRADO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.
Kaffa Cerrado shall make all reasonable efforts for the provision of uninterrupted service of the payment gateway subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that the payment gateway may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Kaffa Cerrado disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose. Although Kaffa Cerrado adopts security measures it considers appropriate for the offer of the Services and the payment gateway mechanism, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or your data. Kaffa Cerrado shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition you agree that Kaffa Cerrado shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to your access to and/or use of the payment gateway services. Kaffa Cerrado's sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavors to restore the services and/or access to the payment gateway services as soon as reasonably possible.
16A YOUR CONSENT
Without limiting other remedies, Kaffa Cerrado may limit your activity, immediately remove your Information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event and remove any non-compliant Information, but not limited to:
(ii) If Kaffa Cerrado is unable to verify or authenticate any information you provide; or
(iii) If it is believed that your actions may cause legal liability for you, other Users or Kaffa Cerrado; or Kaffa Cerrado may at any time at its sole discretion reinstate suspended Users; and
If Kaffa Cerrado believes that you have breached any applicable law.
A User that has been suspended or blocked may not register or attempt to register with Kaffa Cerrado or use the Website in any manner whatsoever until such time that such User is reinstated by Kaffa Cerrado. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Kaffa Cerrado reserves the right to recover any amounts due and owing by you to Kaffa Cerrado and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Kaffa Cerrado may terminate your access to all or any part of the Service, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Website. Any fees paid hereunder are non-refundable. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- WARRANTY DISCLAIMER
Save to the extent required by law, Kaffa Cerrado has no special relationship with or fiduciary duty to you. You acknowledge that Kaffa Cerrado has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Kaffa Cerrado from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Kaffa Cerrado makes no representations concerning any Content contained in or accessed through the Service, and Kaffa Cerrado will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person.
THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. KAFFA CERRADO, AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Further you hereby agree that all payments with respect to refunds and chargebacks shall be your sole responsibility and Kaffa Cerrado shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or chargebacks. You agree to indemnify Kaffa Cerrado in respect of any claims, disputes, penalties, costs and expenses arising directly in relation to refunds or chargebacks for all transactions initiated and instructed through the Website.
- LIMITATION OF LOSS
In no event shall Kaffa Cerrado or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and, its Services or this User Agreement (however arising, including negligence).
Kaffa Cerrado's liability in any circumstance is limited to the amount of fees, if any, paid by you to Kaffa Cerrado. Kaffa Cerrado, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Services will be error free and/or uninterrupted. Consequently, Kaffa Cerrado assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which are incorporated by way of reference in this User Agreement;
(ii) Any interruption or errors in the operation of the Website. You expressly understand and agree that Kaffa Cerrado shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kaffa Cerrado has been advised of the possibility of such damages).
(v) Force Majeure - The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
(vi) Interpretation in this User Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this User Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this User Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this User Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this User Agreement; and any reference to a time limit in this User Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
A 77, Okhla Phase 2, New Delhi – 110020
If any dispute arises between you and Kaffa Cerrado during your use of our Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by Kaffa Cerrado. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
- CUSTOMER SUPPORT
Kaffa Cerrado shall provide customer support limited to responding to questions/queries regarding the nature or quality of the Product, service issues relating to the Products sold including but not limited to payment, order fulfillment, order cancellation, returns, refunds, functionality and feedback. If you have any questions regarding the same you can contact us at email@example.com.
Dalmia Consolidated Private Limited
A 77, Okhla Phase 2, New Delhi – 110020