WHO ARE TO BE CONCERNED:
SWITZ FOOD PVT LTD, a Company registered under the Companies Act, 1956, and having its registered office at P – 36 – 41, Kasba Industrial Estate, E.M. Bypass, West Bengal – 700107, hereinafter called and referred to as the “SFPL”.
……………. a Proprietorship/Partnership concern having its place of business at …………………, Kolkata –……… represented by its proprietor/partner, …………… hereinafter called and referred to as the "DEALER", as mentioned in the respective dealership agreements.
"CONSUMERS /END USERS" are the buyers and/or any person or an entity who are going to avail and consume SFPL’s products.
ALL THE PARTIES SHALL BE JOINTLY REFERRED TO AS “THE PARTIES”
WHEREAS SFPL is engaged in business of manufacturing and selling bakery products under the Brand name MIO AMORE in and around West Bengal.
AND WHEREAS the Dealer approached the SFPL to grant dealership in favour of him for sale of the Products as aforesaid and the Dealer has indicated his intention to buy the products from the SFPL and sell them under the established Brand of MIO AMORE or any other brand with which SFPL might have a “Sale of Merchandise Agreement or any other agreement / agreement of like nature”, as per the directions of SFPL and has identified the premise / shop as the premises from which the sale of the Products would be conducted and carried on, by way of a Dealership Agreement previously executed and is existing with SFPL on terms and conditions set forth therein.
AND WHEREAS the Consumer / End User are the prospective buyers who would usually purchase the confectioneries/ bakeries from the party of the Dealer.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO ON THE FOLLOWING TERMS AND CONDITIONS:
www.mioamore.net or the “Site” means the online portal owned and operated by Switz Foods Pvt. Ltd., which provides a platform to the Consumers / End Users to get information of the products listed on site.
“Dealer” shall mean the person or any legal entity who offers for sale, sells the products or services on www.mioamore.net / along with outlets from where the confectionaries / bakeries will be handed over to the Consumers / End Users if they are purchasing the products.
“Consumer”/ “End User” means and includes buyers and/or any person or an entity including Dealer using or accessing the services provided and through this Site.
“Products” of Mio Amore includes cakes, handmade Cookies, vegetarian and non-vegetarian savouries, sweets and chocolates and other products as and when available.
SFPL Covenants with the DEALER and Consumers / End Users :
The SFPL and the DEALER are committed to safeguarding the privacy of the Consumers / End Users and ensures to continue to trust the SFPL and the DEALER with the personal identifiable data. When the CONSUMERS /END USERS interact with the SFPL and the DEALER, the Consumers / End Users may share its personal data with the SFPL and the DEALER which allows identification of the Consumers / End Users as a person and in doing so the Consumers / End Users is hereby giving accord or full permission to the SFPL to access, use, present and do the needful with the personally identifiable data of the party of the Consumers / End Users for the purpose of promotion of their products and time to time enlightening the parties of the Consumers / End Users with the various information regarding the products of the party of the SFPL.
(2. 2.) Personally identifiable data / information with respect to the present terms and conditions means the name, address, email, contact number etc. of the CONSUMERS /END USERS. All this will fall under the purview of “personal data”.
The SFPL is the sole owner of the information collected, collated, designed, showed in the website having url www.mioamore.net.
This privacy statement applies only to information collected, collated, designed, showed by this Site.
(2. 3.) Communications from the Site :
(a.) Special Offers and Updates -
The SFPL may occasionally send the Consumers / End Users information on products, services, special deals and promotions using the personal identifiable information provided or collected by the Consumers / End Users by way of cookies or otherwise. However, the SFPL and the DEALER present the Consumers / End Users an option to discontinue receiving these types of communications.
(b.) Press Releases and Newsletters -
If the Consumers / End Users request to receive the press release(s) or newsletter(s), of the SFPL, the SFPL and the DEALER will use the name and email address to send these documents to the Consumers / End Users. However, out of respect for the privacy, if the Consumers / End Users subsequently wish to remove it’s personal identifiable information / data, so stored from this mailing list, the same should be intimated to the SFPL and the DEALER and if it is possible from the practical and technical point of view, the SFPL and the DEALER shall do the needful.
(c.) Service-Related Announcements -
The SFPL and the DEALER shall strictly send the Consumers / End Users service-related announcements on rare occasions when it is necessary to do so. For instance, if the SFPL and the DEALER service is temporarily suspended for maintenance, the SFPL and the DEALER might send the Consumers / End Users an email informing the Consumers / End Users about this.
(d.) Communications -
The Consumers / End Users consent to receive any and every kind of communications from the SFPL and the DEALER by e-mail, SMS or any other communication made electronically, verbally or physically through post. The Consumers / End Users agree that all agreements, notices, disclosures and other communications that the SFPL and the DEALER provides to the Consumers / End Users by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.
(e.) Legal Disclaimer -
The SFPL and the DEALER reserves the right to disclose the Consumers / End User’s personally identifiable information as required by law and when the SFPL and the DEALER believes that disclosure is necessary to protect the rights and/or to comply with a judicial proceeding, court order, or legal process by the SFPL and the DEALER served on the Website or in Mio Amore’s good faith judgment such legal disclosures are reasonably necessary to comply the law of the land.
If the Consumers / End Users no longer wish to receive press releases, newsletter and promotional communications by the SFPL and the DEALER, the Consumers / End Users may opt-out of receiving them by following the instructions included in each newsletter or communication.
(f.) Log Files -
As is true of most Websites, the SFPL and the DEALER gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.
The SFPL and the DEALER use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about the SFPL and the DEALER user base as a whole.
The SFPL and the DEALER do not link this automatically collected data to personally identifiable information of the Consumers / End Users.
(3.) Cookies Policy :
(a.) Clear Gifs -
The SFPL and the DEALER does not use clear gifs in their HTML-based emails. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users and to let companies know which emails recipients have opened, allowing them to gauge the effectiveness of certain communications and the effectiveness of their online marketing campaigns. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.
(b.) Links to Other Sites -
This terms and conditions will be applied only to information collated by this Website. This Website contains links to other sites that are not owned or controlled by Mio Amore, hence the SFPL and the DEALER will have no liabilities with respect to data breach or privacy breach committed by or on behalf of the Owner or originator of those links.
The SFPL and the DEALER encourage the Consumers / End Users to be aware when they leave the site of the SFPL and the DEALER and to read the privacy statements of each and every Website the Consumers / End Users should access to review their privacy practices. It is pertinent to mention here that when the Consumers / End Users are accessing the site of the SFPL and the DEALER, it is implied that the Consumers / End Users have carefully read and understood the terms and conditions as set forth in the site.
(c.) Access to Personally Identifiable Information
If the Consumers / End User’s personally identifiable information changes, or if the Consumers / End Users no longer desire the service of the SFPL and the DEALER, the Consumers / End Users may correct, update, or delete by emailing the concerned Customer Support.
The security of the Consumers / End User’s personal information is important to the SFPL and the DEALER. The SFPL and the DEALER do not use any encryption on it’s forms, as it does not collect credit card numbers, social security numbers or any other sensitive information that can be used in identity theft.
(e.) Business Transitions
In the event the SFPL goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, the Consumers / End User’s personally identifiable information will likely be among the assets transferred. The Consumers / End Users will be notified via prominent notice on the SFPL and the DEALER’s Website for 30 days of any such change in ownership or control of the Consumers / End User’s personal information.
(f.) Changes in this TERMS AND CONDITIONS
If the SFPL and the DEALER decide to change it’s TERMS AND CONDITIONS, the SFPL and the DEALER will post those changes to this TERMS AND CONDITIONS on the homepage and other places the SFPL and the DEALER deem appropriate so that the Consumers / End Users are aware of what information the SFPL and the DEALER collect, how it is used, and under what circumstances, if any, the SFPL and the DEALER disclose it.
The SFPL and the DEALER reserves the right to modify this TERMS AND CONDITIONS at any time, and all the modifications hereby will be effective immediately on posting on this site and that the Consumers / End Users will review this statement every time he / she access this site, so that the Consumers / End Users are aware of and agree to all the modifications made to this statement.
(4. 2.) MODIFICATION OF TERMS AND CONDITIONS :
The SFPL may at any time modify the TERMS AND CONDITIONS contained on the Site without any prior notification to the Consumers / End Users. The Consumers / End Users can access the latest version of the TERMS AND CONDITIONS at any given time. The Consumers / End Users should regularly review the TERMS AND CONDITIONS. In the event the modified TERMS AND CONDITIONS are not acceptable to the Consumers / End Users, he / she should discontinue using the site. However, if the Consumers / End Users continue to use the site the Consumers / End Users agree to accept and abide by the modified TERMS AND CONDITIONS.
(4. 3.) ELIGIBILITY :
The Consumers / End Users represent and warrant that he / she is competent and eligible to enter into a legally binding TERMS AND CONDITIONS and have the requisite authority to bind the other party to this TERMS AND CONDITIONS. The Consumers / End Users shall not use this Site if he / she is not competent to contract under the applicable laws, rules and regulations. The Consumers / End Users have to be major i.e. above 18 years old and no individual below 18 years should be able to rendering service without the explicit consent or representation of his or her natural guardian. Hence if the party of the Consumers / End Users never disclose or skip to disclose or avoid to disclose his or her minority in terms of age parties of the SFPL and the second will not be and can never be held responsible for any non - compliance of legal provisions, existing or may be in force in the days to come.
(5.) GIFT VOUCHERS :
(6.) Suspension due to non-compliance :
Notwithstanding other legal remedies that may be available to the SFPL may in its sole discretion limit user’s activity by immediately removing the Consumer / End user listing either temporarily or indefinitely or suspend or terminate the Consumers / End Users membership, and/or refuse to provide with access to the Site –
If the Consumers / End Users -
Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress or any other remedy available in law for the time being in force in India.
The Consumers / End Users agree to defend, indemnify and hold harmless to the SFPL, www.mioamore.net, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims due to the Consumers / End User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of the Consumers / End User’s obligations under this TERMS AND CONDITIONS or arising out of the violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this TERMS AND CONDITIONS.
(8.) Governing Law and Jurisdiction:
This website is created and controlled by the SFPL in Kolkata, India and the laws of India shall apply and SFPL intends to do business within the geographical limits of West Bengal. This agreement is governed and construed in accordance with the Laws of Union of India. The Consumers / End Users hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kolkata, West Bengal India, in all disputes arising out of or relating to the use of the SFPL’s Sites. Use of the Mio Amore Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Consumers / End Users agree to indemnify and hold the SFPL, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any Consumers / End Users due to or arising out of the Consumers / End User’s use of or conduct on the Site of the SFPL.
(9.) Dispute Resolution:
Disputes arising out of and in the course of discharge of obligation under this terms and conditions, or regarding it’s interpretation, shall be settled by amicable discussion and reconciliation. If after such amicable discussion and reconciliation the dispute remains unresolved for period of 15 days from the date on which such amicable discussion commenced. Then such disputes shall be referred to sole arbitrator to be appointed by the director of the SFPL. The venue of the arbitration shall be Kolkata and the cost of arbitration shall be borne equally by the Consumers / End Users and the SFPL. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act ,1996, as amended up to date.
Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of the SFPL or its content suppliers and is protected by International copyright laws and regulations.
In addition, the SFPL owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site’s content. Except as expressly provided herein, the SFPL does not grant any express or implied right license to the Consumers / End Users. The SFPL actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are copyrighted in favour of Switz Foods Pvt. Ltd. (SFPL), All rights reserved.
Mio Amore and other names, graphics, logos, and icons identifying the SFPL or its products or services are the proprietary marks of the SFPL. These trademarks may not be used in connection with any product or service that is not offered by the SFPL in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mio Amore. All other trademarks not owned by the SFPL that appear on this site are the property of their respective owners.
(12.) The Refund and Return Policy:
If the Consumers / End Users cancel the order atleast 48 hrs prior the date of the delivery, he shall be eligible for a Full Refund. No refund will be made in case the Consumers / End Users want to cancel the order of delivery while it is less than 48 hrs away i.e. the Consumer / End User has to cancel any order keeping in hand at least 48 hrs and for less than 48 hrs from the date and time of delivery, no refund will be made by the SFPL.
In case the product is found damaged at the OUTLET, the SFPL shall refund the amount in full. The customer is requested to check the product properly at the time of delivery at the OUTLET.
In case there is an issue with the quality of the product, upon receiving complain by the customer the SFPL refund the amount of the product in question.
(13.) Entire TERMS AND CONDITIONS:
Any rights not expressly granted in these TERMS AND CONDITIONS are reserved. The SFPL reserves the right to update, modify, change from time to time this TERMS AND CONDITIONS which will be notified or published to this webpage or website.
The SFPL welcomes the Consumers / End User’s comments about their experiences of shopping with the SFPL and the Consumers / End User’s suggestions about how to improve this site. Any comments, ideas, suggestions, inaction, or any other content the Consumers / End Users contribute to the SFPL or this site (including the name submitted with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the SFPL to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and the Consumers / End Users waive any claim to the contrary. The Consumers / End Users represent and warrant that the Consumers / End Users own or otherwise control all of the rights to the content that the Consumers / End Users contribute to this site and that use of the content by the SFPL will not infringe upon or violate the rights of any Consumers / End Users.
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the Consumers / End Users and the SFPL as a result of these Terms and Conditions or use of this site. The waiver by the SFPL of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.
The information contained in this website is for general information purpose only. The information is provided by the SFPL and while the SFPL endeavour to keep the information upto date and correct, the SFPL make no representations and warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or information for any purpose. Any reliance placed on such information is strictly at the risk of the Consumers / End Users.
In no event the SFPL will be liable for any loss or damage including limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
If through this website the Consumers / End Users attempts to link other websites which are not under the control of the SFPL. The SFPL have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, the SFPL takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical uses beyond or control.
(17.) Important Notice to Webmasters:
Regarding the use of trademarked names in Meta tags and/or hidden text, the SFPL have a no-tolerance policy. The use of trademarked names in Meta tag keywords is trademark infringement, and the use of trademarked terms in page text, Meta tags, and/or hidden text for purposes of gaining higher rankings search engines is unfair competition.
Linking to any Mio Amore web page is prohibited absent express written permission from Switz Foods Pvt. Ltd. Framing the Mio Amore website with links, advertisements and/or other combination not originating from the Mio Amore website is expressly prohibited.