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TERMS OF USE


1. Background

1.1 This document is an electronic record in terms of (i) Information Technology Act,2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.2 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of Our website www.currytreepastes.com (“Portal”).

1.3 The Portal is owned, registered and operated by “21Grams Food Creations Pvt. Ltd.”, a private limited company having its registered place of business at D-2605, 26th Floor, Tower D, Imperial Heights, Best Nagar, Goregaon West, Mumbai, Maharashtra 400104, India.

1.4 These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and 21Grams Food Creations Pvt. Ltd. and govern Your use of the Portal and Services (as defined below) provided through the Portal. By using or visiting the Portal, or by using any content or information provided as part of the Portal/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

1.5 For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “User” or “Customer” shall mean any natural or legal person who uses the Portal for availing the Services. The term “Company”, “We”, “Us” or “Our” shall mean 21Grams Food Creations Pvt. Ltd.

1.6 We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Portal and Your continued use of the Portal, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Portal.

2. User Account

2.1 In order to access or use the Portal, You must be 18 (eighteen) years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Portal if We have previously banned You from the Portal or closed Your account.

2.2 You may use the Portal and view information on the Portal as a guest user (“Guest User”) without having to register Yourself as specified below. However, in order to place an order for any Products, you must register and create an account as specified below.

2.3 You may register on the Portal by providing certain basic information such as Your first name, last name and phone number (“Questionnaire”). We reserve the right to make changes to the questions in the Questionnaire at any point and such updation will be notified to You via e-mail or on the Portal. You may also register on the Portal using a third party website or portal such as Google.

2.4 Upon registration, You will be provided with an account (“User Account”) and an account tab (“Member Dashboard”) on the Portal. You may amend/change Your information associated with Your User Account, by logging into Your User Account on the Portal. The manner in which we collect, use, store or disclose Your personal information and sensitive personal information collected on the Portal, if any, has been outlined in our Privacy Policy available here.

2.5 You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from Your failure to comply with this clause.

2.6 While creating Your User Account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address other than Your own OR create multiple accounts.

3. Products & Services

3.1 The Portal is an e-commerce website which allows sale and purchase of edible food items including but not limited to curry pastes (“Product(s)”). Users may log in and access the Portal in order to browse Product(s) and place an order for Product(s) that they wish to buy from the Portal by adding Product(s) to his/her cart. Upon filling the cart, the User shall click on the ‘BUY’ or ‘PURCHASE’ button at which time the User will be directed to a third party payment gateway in order to complete payment for the order placed on the Portal. Upon completion of payment, the User will get an acknowledgement and invoice via e-mail confirming the order. The order will then be picked up and shipped to the User by a third party carrier (collectively referred to as “Services”).

3.2 In the unlikely event that there is a delay in shipping the Products, the User will be duly notified of such delay via a call at the earliest.

3.3 Apart from sending You information regarding Your account activity and purchases, we may also share updates about the Products on Our Portal and promotional offers from time to time. You can opt out of Our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of Our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to You. The offers made in those promotional emails or SMS shall be subject to change at Our sole discretion with or without prior intimation to the Users.

4. Fraud and Improper Conduct

4.1 You may only access the Portal for availing the Services that are offered by the Company. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree that You shall not in any way:

4.1.1 interfere with the ability of others to access or use the Portal and the Services;

4.1.2 disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Portal or the Services;

4.1.3 claim a relationship with or to speak for any individual, business, association, institution, or other organization for which You are not authorized to claim such a relationship;

4.1.4 interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

4.1.5 upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with malicious, disruptive and/or destructive features;

4.1.6 attempt to gain unauthorized access to any hardware or software systems or networks associated with the Services, or obtain any services or information not intentionally made available to You by the Company on or through the Services; and

4.1.7 attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Services.

5. Pricing and Payment

5.1 Prices for Products displayed on Our Portal are provided in Indian rupees. Please note that the prices, Products and Services may change at the sole discretion of the Company.

5.2 Customers can make online payments for their orders by using: (i) their debit card/credit card; (ii) Net banking; or (iii) e-wallets.

5.3 You understand, accept and agree that We will be using the services of a third-party payment gateway service provide in order to help facilitate payments through the Portal. You acknowledge that You will also be bound by the terms and conditions specified by such payment gateway service provider. We do not collect any information regarding your debit/credit card or net banking details used on the payment gateway. The payment facility provided by Us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason..

6. Delivery

6.1 You accept and understand that all shipments will be handled by a third party delivery service agency. You accept that You shall be bound by any additional terms and conditions set out by such delivery agency. We shall not assume any liability for any loss or damage incurred by you on account of the actions of the delivery service provider. These actions may include, but not be limited to: (a) in the event that the delivery service provider misplaced the Product(s); (b) there is a delay in the delivery of the Product on account of the delivery service provider’s actions.

6.2 In the event the User is not reachable or does not accept delivery of Products, the Company reserves the right to cancel the order(s) at its discretion.

6.3 An estimated delivery time shall be displayed on the order summary page. Upon placing Your order, You will receive an e-mail containing a summary of the order and also the estimated delivery time to Your location.

6.4 Please note that if an estimated delivery date falls on a day which is not a working day or on a national or public holiday, the delivery date will accordingly be adjusted to the next available working day on which the logistics service provider provides its services.

6.5 Sometimes, the delivery of Your order may take longer than the estimated timelines due to third party delays or the occurrence of a Force Majeure Event. In such an event, the Company shall intimate You about such delay in delivery of Your order via a call to Your number or an e-mail. For the purpose of this Terms of Use, “Force Majeure Event” means, an act of God, war, civil disturbance, strike, lockout, lockdown, pandemic, epidemic, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of the Company and/or third party logistics service provider, which has the effect of wholly or partially suspending the obligations hereunder of the Company during the continuance and to the extent of such prevention, interruption or hindrance.

7. Return and Exchange Policy

7.1 We permit returns and exchanges requested by the User if such request is made within 3 (three) calendar days from the date of delivery of the Product(s), provided the Product(s) are in their original packaging and the User has not used, altered or damaged the Product(s) in any manner.

7.2 No other requests for return or exchange shall be entertained aside from those mentioned below:

  1. Wrong Product;

  2. Damaged Product; and/or

  3. Expired Product.

7.3 Users may initiate such requests for return or exchange by returning the package to Us at: 21Grams Food Creations Pvt. Ltd. Office No-136, 1st Floor, Building No J-2, Shram Seva Premises, WTT Complex, Opp Lodha New Cuff Parade, Wadala (East), Mumbai - 400037

7.4 Once the request is sent from Your end, please await an e-mail confirmation from Our end initiating the return or exchange.


7.5 Upon receiving the Product(s), in the event of an exchange, an investigation will be conducted and in the event of genuine issue with the Product, the Product, the Product(s) shall be replaced at no extra cost to the Customer.

7.6 All requests for return or exchange shall be processed by the Company after satisfactory completion of the quality check of the Product.

7.7 While returning the Product, please ensure that:

  1. The tags on the Product are intact;

  2. The Product must not have been used;

  3. The Product should be unwashed, unused and in an undamaged condition (not applicable if the Product delivered was damaged already); and

  4. The Product should be returned along with the original packaging.

8. Obligations of the User

8.1 You may make Your payments against the invoice issued by the Company through online payment by using your debit card/credit card or by using the e-wallet option as specified above.

8.2 In the event of a failed transaction wherein the money is debited from Your account but the same has not been credited to Company’s account, You may provide Company with the relevant transaction details to validate such transaction, following which, Company shall take necessary steps to track such transaction.

8.3 In the event a feedback, a comment or any communication made by the User on the Portal or on any social media platform (such as Facebook, Instagram etc.) made available to the User on the Portal contain profanity or abusive language, Company shall have the right to suspend the User’s account temporarily or indefinitely and/or issue a formal warning to such User and take necessary legal action against such User.

8.4 You agree to (a) immediately notify Us of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. We shall not be liable for any loss or damage arising from Your failure to comply with this clause.

9. User Feedback/Comments/Suggestions

9.1 User Feedback/Comments/Suggestions

9.2 The User agrees and acknowledges that:

  1. The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;

  2. The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Laws.

  3. We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;

  4. We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;

  5. We are not obligated to review the User Feedback; and

  6. We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.

10. Intellectual Property Rights

10.1 Copyright

10.1.1 All content included on the Portal and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Portal, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on this Portal is the exclusive property of the Company. You agree not to decompile, reverse engineer, or disassemble any content accessible through the Portal, not to insert any code or product or manipulate the content of the Portal in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.

10.1.2 Company’s content available on or via the Portal, are provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not expressly granted in and to the Portal.

10.2 Trademarkswww.currytreepastes.com is the registered domain of the Company. The Portal, including, but not limited to its text, graphics, logos, the name ‘Curry Tree’, the trade name “21Grams Food”, button icons, images, scripts and service names constitute trademarks/trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.

10.3 Warranty for Your submission to the Portal 10.3.1. As between You and the Company, You own the information You provide to the Company, and You may request its deletion at any time. Any information You submit to Us is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

11. Limitation and Disclaimer of Warranty

11.1 The Portal, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to the Portal, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
For the purpose of this Terms of Use, “Applicable Laws” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question,whether in effect as of the date of these Terms of Use or thereafter.

11.2 The Company hereby disclaims any guarantees of exactness as to the taste and/or appearance of the Products, as quality of imagery cannot be taken a final representation. The quality of any Products, Services, information, or other material purchased or obtained by you through the Portal will be as per Company’s standards.span style="font-size:12pt;font-family:Georgia;color:#000000;background-color:transparent;font-weight:400;font-style:normal;font-variant:normal;text-decoration:none;vertical-align:baseline;white-space:pre;white-space:pre-wrap;">. 

11.3 Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Portal, the Services or any portion thereof, by any person.

11.4 Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: payment gateway service providers, logistics service providers, etc.) empanelled by the Company for the purposes of rendering its Services.

11.5 If You are dissatisfied or harmed by this Portal or anything related the Portal, You may terminate these Terms of Use in accordance with Clause [•] below.

11.6 The Company does not guarantee that the Portal will function without interruption or errors in functioning. In particular, the operation of Portal may be interrupted due to maintenance updates, or system or network failures.

12. Indemnification

12.1 You agree to indemnify, defend and hold harmless the Company, and Our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) Your failure to comply with these Terms of Use; or (b) where any information You submit, email, or otherwise transmit to Us violates third party rights or Applicable Laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.

13. Termination

13.1 We may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of Our applicable policies, as posted on the Portal from time to time or upon a misuse of the Services by You.

13.2 You may terminate these Terms of Use, for any or no reason, at any point in time for any Products or Services yet to b availed by You. You acknowledge that for Products or Services already availed by You, these Terms of Use will continue to apply.

13.3 In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.

13.4 You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You.

14. Severability

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to Applicable Laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

15. General

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between You and the Company in respect of the Products and Services and supersedes all previous written and oral agreements between You and the Company, if any. Company’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

16. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and constructed in accordance with the Applicable Laws of India without reference to conflict of laws principles. The courts in Mumbai, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

17. Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Prajanya Advait
Address: 21Grams Food Creations Pvt Ltd. Office No 136, Building No J-2, Shram Seva Premises, Wadala Truck Terminus, Wadala East, Mumbai -37

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