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Terms of Service

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OVERVIEW


The domain name https://eatsproos.com and its related sub-domains, sites, services, tools (collectively the “Website”) is owned and operated by Melicior LLP. Throughout the site, the terms “we”, “us” and “our” refer to Sproos (Melicior LLP). Sproos offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions and notices stated here. '


By visiting our site and/or making a purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including without limitation users who are browsers, customers, merchants, and/or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Terms of Service or unable to be legally bound by these Terms of Service, then you may not access the Website or use any services or otherwise click to accept these Terms of Service, if and when prompted on the Website.


Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Service at any time, and will notify you at least once in a year, or whenever there is a change in these Terms of Service, by email or by posting a conspicuous notice on the Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ELIGIBILITY


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover that you are not eligible to use the Website. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms of Service.


You also may not use our products for any illegal or unauthorized purpose nor will you, in the use of this service violate any laws in your jurisdiction; including but not limited to copyright laws.

SECTION 2: GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit/debit card information), may be transferred un unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/Debit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


The information made available is accurate and complete per se. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5: PRODUCTS OR SERVICES


Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.


We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.


We reserve the right but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may also discontinue any or all of the products and Service provided on the Website, as we may deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


The provision of Service on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result of such disruption or outages.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made from the Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more detail, please review our return policy. (make this a link)


SECTION 7: OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8: THIRD PARTY LINKS


Certain content, products and services available on our Website may include third party materials, links or interactive functionality interacting with the websites of third parties.


Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10: PERSONAL INFORMATION


Your submission of personal information through the Website is governed by our Privacy Policy. Please review the Privacy Policy to understand our privacy practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations.

SECTION 11: AGREEEMENT TO RECEIVE COMMUNICATION


You hereby by way of accepting these Terms of Service consent to the receipt of communication from us by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your orders, registration, transactions that you carry out through the Website and promotions that are undertaken by us, services from us and its third-party partners (if applicable).

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time with prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 13: PAYMENT FACILITY


The Website permits payment via various modes, including virtual payment wallets and online payments through debit/credit cards and internet banking.
While availing any of the payment method/s available on the Website, we will not be responsible for 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 transaction(s); (b) exceeding the pre-set limit mutually agreed by you and between bank/s; (c) any payment issues arising out of the transaction; (d) rejection of transaction for any other reason(s) whatsoever.


All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees. It is expressly clarified that we will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.


You acknowledge that we will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond our control.

SECTION 14: PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sproos (Melicior LLP) our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16: REFERRALS AND REWARDS


From time to time, we may offer referral bonuses and rewards for inviting new users to the Website and completing other activities.

SECTION 17: INDEMNIFICATION


You agree to indemnify, defend and hold harmless Melicior LLP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 18: SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19: TERMINATION


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service.

We in our sole discretion for any reason or no reason, including if you have failed or if we suspect that you have failed, to comply with any term or provision of these Terms of Service, may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) and/or the Website.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The disclaimer of warranties and the governing law provisions shall survive any termination of these Terms of Service.


SECTION 20: ENTIRE AGREEMENT


These Terms of Service, the Privacy Policy, other referenced material herein or on the Website and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 21: GOVERNING LAW AND JURISDICTION


These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and constructed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Vadodara, Gujarat.
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SECTION 22: CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes the acceptance of those changes.

SECTION 23: CONTACT INFORMATION


Questions about the Terms of Service can be sent to us at hello@eatsproos.com