Terms & Conditions
These Terms govern your use of this website; by using this website www.pinkharvest.com, you accept these Terms in full.
If you disagree with these Terms or any part of these Terms, you must not use this website.
By ordering any of our products, you agree to be bound by these terms & conditions.
Pink Harvest Farms India Pvt. Ltd. reserves the right to change this policy without prior notice.
The policy will be updated on this website before it gets effective.
LICENSE TO USE WEBSITE
Unless otherwise stated, Pink Harvest Farms and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the Agreement below, all these intellectual property rights are reserved.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ‘Pink Harvest Farms’ express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Pink Harvest Farms sole and express written consent.
Access to certain areas of this website may be restricted. Pink Harvest Farms reserves the right to restrict access to other areas of this website, or indeed this entire website, at Pink Harvest Farms sole discretion.
If Pink Harvest Farms provides you with a user account and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Pink Harvest Farms reserves the right to disable your user account in Pink Harvest Farms sole discretion without notice or explanation.
USER CONTENT AND SUBMISSION
In these Terms, “user submissions” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Pink Harvest Farms welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to Pink Harvest Farms or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Pink Harvest Farms to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, Pink Harvest Farms does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that Pink Harvest Farms may publish your name and submissions on the Website, Pink Harvest Farms managed social media, advertising, print material or in any other press releases of media items.
In relation to your User Submission you covenant, represent and warrant that:
you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise Pink Harvest Farms to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms & Conditions.
In connection with your User Submissions, 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 rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pink Harvest Farms all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to Pink Harvest Farms or any third party; (iii) submit material that is unlawful, obscene, defamatory, 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; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Your agree and acknowledge that Pink Harvest Farms does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pink Harvest Farms expressly disclaims any and all liability in connection with User Submissions. Furthermore, Pink Harvest Farms does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Pink Harvest Farms is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Pink Harvest Farms reserves the right to remove content and User Submissions without any prior notice.
All products remain property of Pink Harvest Farms India Pvt. Ltd until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents' permission to buy from http://www.mojobars.com Card information is transmitted securely through a third party. Pink Harvest Farms India Private Limited shall have no role to play in case of any dispute related to payments/refunds. It is expected that user shall contact the third party payment gateway and/or the bank for any issues related to payment for products purchased through the Website. The collection and usage of payment related information is governed by the policies of the payment gateway provider.
This website is provided “as is” without any representations or warranties, express or implied. Pink Harvest Farms makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Pink Harvest Farms does not warrant that this website will be constantly available in full or in part, or available at all.
Nothing on this website is meant to constitute, advice of any kind.
LIMITATIONS OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY PINK HARVEST FARMS INDIA PRIVATE LIMITED’S AGGREGATE LIABILITY FOR USE OF THIS WEBSITE OR IN ANY OTHER SITUATION WHATSOEVER, SHALL BE LIMITED TO A MAXIMUM OF THE SUM PAID BY THE USER AND SUM RECEIVED BY PINK HARVEST FARMS INDIA PRIVATE LIMITED FOR THE CONCERNED ORDER. HOWEVER, PINK HARVEST FARMS INDIA PRIVATE LIMITED SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY IF SUCH LOSS IS CAUSED DUE TO NEGLIGENCE OR OTHER REASONS ATTRIBUTABLE TO THE USER/BUYER.IN NO EVENT SHALL PINK HARVEST FARMS INDIA PRIVATE LIMITED BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF WHETHER PINK HARVEST FARMS INDIA PRIVATE LIMITED (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. GOVERNING LAW AND JURISDICTION All disputes shall be dealt as per India Law.
The Courts at Mumbai shall have exclusive jurisdiction.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pink Harvest Farms’ liability in respect of any:
- death or personal injury caused by Pink Harvest Farms negligence;
• fraud or fraudulent misrepresentation on the part of Pink Harvest Farms; or
• matter which it would be illegal or unlawful for Pink Harvest Farms to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS OF TERMS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Pink Harvest Farms has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Pink Harvest Farms’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Pink Harvest Farms officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pink Harvest Farms.
You agree to indemnify, defend and hold harmless Pink Harvest Farms, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Pink Harvest Farms
BREACHES OF TERMS
Without prejudice to Pink Harvest Farms other rights under these Terms, if you breach these Terms in any way, Pink Harvest Farms may take such action as Pink Harvest Farms deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
CHANGES TO TERMS
Pink Harvest Farms may revise these Terms from time-to-time. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.
Pink Harvest Farms may transfer, sub-contract or otherwise deal with Pink Harvest Farms rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.