Welcome to The Chitra’m Craft Chocolates Website. Chitra’m is a platform which sells Bean-to-bar artisanal chocolates and hosts the menu of Café Infusions both of which are brands of DnD Foods, a sole proprietorship owned by Chocolatier Arun Viswanathan S K, having its registered office at No.7, Red Buildings, Sathyamoothy Road, Ram Nagar, Coimbatore, Tamil Nadu 641 009, India (hereinafter referred to as “Chitra’m”, “we”, “us” and “our”.)
Your use and access of Chitra’m’s Store Website, website(s), blogs, content (including but not limited to trademarks, text descriptions, photos, graphics, links, reviews, posts etc.), features or applications and allied or linked services (“Services”) shall be governed by these Terms and Conditions (“T&Cs”) read with the Privacy Policy and Shipping, Return and Refund Policy as amended from time to time which shall apply to any access or use of the Services by a visitor or registered user (hereinafter referred to as the “End User” or “You”).
Please read these T&Cs carefully. By accessing the Services, you agree to be legally bound and fully compliant with the terms described herein and all terms incorporated by reference. Chitra’m reserves the right to alter, amend and modify these T&Cs at its sole discretion. All such amendments and modifications will be duly published on this website. Your continued use and access of our services after we publish the changes to these terms and conditions means that you have consented to the updated T&Cs from time to time.
Subject to your continued and full compliance with the T&Cs and related policies published on this website, Chitra’m grants to you a limited, royalty-free, non-sublicensable, non-exclusive, non-transferable, personal privilege to access and use the Services.
Services Eligibility
Chitra’m expressly informs you that the Services are meant to be accessed and used only by individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. If you are not legally permitted to enter into a contract either due to your age or any other reason, then, you are not permitted to utilize the Services. If you are under 18, you may use Chitra’m store and the Services only with permission of a parent or guardian who shall be competent to contract as per the applicable laws as amended from time to time.
Intellectual Property
All intellectual property rights (including but not limited to copyright, trademarks and other intellectual property rights), title, and interest in relation to the Services – any part or whole of the content displayed on this website which may contain information, illustrations, data, text, maps, graphics, the ‘look and feel’, logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, website layout, selection or arrangement of the contents of the Services, are and will remain the sole and exclusive property of Chitra’m and the respective owners of such intellectual property. You are expressly prohibited in any manner whatsoever from directly or indirectly making copies of, reproducing, modifying, uploading, posting, transmitting, republishing, or distributing such content/material which embody the intellectual property rights of Chitra’m or such other third parties to whom it may belong as specifically documented hereunder without the express prior written consent of Chitra’m.
To the extent that any content is published by you or uploaded by you on the platform including but not limited to reviews of products, feedback, customer experience of the service in any form, such content which shall be solely created and developed by you shall remain your own property. By publishing, posting or displaying such content on the website, you provide to Chitra’m a worldwide, royalty free, irrevocable, assignable, unconditional, transferable and perpetual right to use, display, reproduce, transmit, upload, modify such content in relation to purposes deemed fit by Chitra’m. You expressly represent and warrant that you are solely responsible for such content posted by you and that use of the content shall not violate any third party’s intellectual property rights in any manner.
Access to Services
You can access the Services either by creating an account with Chitra’m or as a visitor. You agree and understand that you are responsible for maintaining the confidentiality of all information provided to Chitra’m while registering yourself, including but not limited to your login ID, e-mail address and the passwords for the same. You hereby acknowledge that you are fully responsible for all activities that occur under your e-mail address, password or account and you shall ensure that you exit from your account at the end of each session.
Chitra’m will send all correspondences, notices and any other communication to the e-mail address furnished by you. In case of any change in the said email address, it is your duty to update or change the same.
In the event of your becoming aware of any unauthorized or misuse of the information provided by you to Chitra’m, you are requested to forthwith contact Chitra’m at info@chitramcraftchocolates.com. Chitra’m cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Offers/Promotions/Discounts
As applicable from time to time and at the sole discretion of Chitra’m, it may run offers/promotions or discounts as part of the Services. These offers/promotions or discounts shall be subject to specific terms and conditions which shall be notified to the End User from time to time.
End User Content
Chitra’m hereby reserves the right to reject, refuse, restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice. End User content posted, displayed, uploaded or transmitted as part of the Services or website does not necessarily reflect the opinions or policies of Chitra’m. Chitra’m does not make any warranties, accuracy, reliability, express or implied, as to such End User content.
End User Obligations
You represent and warrant that you shall not through any means whatsoever:
- impersonate or misrepresenting any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
- override any security feature or bypass or circumvent any access controls or user limits of the Services.
- access any part or whole of the Services, website, mobile application, or any other systems or networks connected thereto or to any server, computer, network, in an unauthorized manner or through any other unauthorized means.
- imply or state that you are affiliated with or endorsed by Chitra’m without our express consent.
- monitor the Services’ availability, performance or functionality for any competitive purpose;
- use the products and Services for any commercial endeavors such as reselling except those that are specifically endorsed or approved Chitra’m. All usage of Services and products purchased shall be strictly for non-commercial personal use.
- use/develop any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services, either in whole or part;
Third Party Links/Content
Displaying, publication or inclusion of any links to third party forums, resources, blogs, websites on the platform (Chitra’m Website) does not in any manner imply approval or endorsement of the linked website by Chitra’m. You expressly acknowledge and understand that the responsibility for the operation and management of those third-party forums, resources, blogs, websites rest solely with the specific organization that is identified as the controlling entity of the third-party forums, resources, blogs, website and will be governed by separate terms and conditions. Links are provided for convenience only and inclusion of any link does not in any manner imply endorsement of the website to which it links. Your access to these third-party sites shall be at your own risk on exercising your independent judgement in relation to the same.
Disclaimer of Representations, Warranties and Liabilities
Chitra’m and its partners disclaim to the maximum extent permitted by law any warranties, representations, guarantees or conditions of any kind, express or implied, past or present, statutory or otherwise in law or from a course of dealing or usage of trade, suitability, quality, accuracy, completeness etc. to the fullest extent permitted by law, including any implied warranties of merchantability or fitness for a particular purpose. You understand and agree that the Services are provided to you on an “as available” and “as is” basis. While we have made efforts and taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), products, services and related graphics are provided ‘as is’ (as shared by the manufacturers or suppliers), without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website.
You expressly agree and undertake that your use and access of the Services are on the exercise of your independent and prudent judgment, solely at your own risk.
Chitra’m shall not be liable to you for any inability to access the Services/Website for any reason and at any time (arising out of factors including but not limited to technical errors, any planned or unplanned downtime, or any outages on networks (including mobile networks)).
Territory Limitation
The products that can be purchased on the platform pursuant to the Services is provided for the purposes of purchase solely in the geographical territory of India. Chitra’m shall not be able to make any representations or warranties and take on any obligations in relation to any purchases initiated outside of the territorial limits of India.
Termination
Chitra’m reserves the right (at its sole discretion) to terminate, cancel, suspend, amend or restrict access to any part or whole of the Services with immediate effect in circumstances where;
- Chitra’m has a reasonable ground to suspect/believe that you have breached the T&Cs, Privacy Policy, Refund Policy, Shipping Policy and other applicable policies,
- Chitra’m has a reasonable ground to suspect/believe that your use of the services breaches any obligations under applicable laws or violates any third party’s rights;
- Chitra’m has a reasonable ground to suspect/believe you are non-compliant with any of the representations and warranties, obligations, terms or covenants stipulated hereunder.
No termination of hereunder by Chitra’m shall relieve the End User of its obligation hereunder including the obligation to pay any monetary sums due or owing at the time of such termination and shall not impair any accrued right of Chitra’m.
Exception to the Provision of Services
Your access and use of the Services may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website/Mobile App or other actions that Chitra’m, in its sole discretion, elects to take. We will utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the functioning, operation, security or accessibility of the Services will be uninterrupted or error-free, that defects will be corrected, or the Services or the server that makes it available will be free of viruses or other harmful elements. Notwithstanding anything contained anywhere in these T&Cs, you agree that the Chitra’m will not be held liable for any restriction, rejection or failure to provide Services due to the following:
- The purchase transaction is for any reason held illegal, unlawful or unenforceable;
- Any information provided by you to Chitra’m in respect of the transaction is (i) not provided accurately; or (ii) is misleading/fraudulent; or (iii) the provider is not authorized to provide such information;
- Any fraudulent or negligent activity committed by the End User;
- Any server issues at the any third-party websites/portals engaged for the provision of Services;
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CHITRA’M OR ITS PARTNERS, SUPPLIERS, MANUFACTURERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE PLATFORM/WEBSITE/MOBILE APPLICATION OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHITRA’M OR ANY OF ITS PARTNERS, SUPPLIERS OR MANUFACTURERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT SHALL THE LIABILITY OF CHITRA’M EXCEED, IN THE AGGREGATE FOR ALL CLAIMS THE VALUE OF THE PRODUCTS PURCHASED IN RELATION TO WHICH THE CLAIM HAS ARISEN.
Governing Law and Dispute Resolution
In the event of any dispute arising out of or in connection with the Services between the End User and Chitra’m including but not limited to interpretation of these T&Cs or any matter arising out of its activities under these T&Cs and related policies published on this website, Chitra’m and the End User shall in good faith endeavour in the first instance to settle the dispute amicably through discussions between them.
In the event such dispute is not settled through good faith discussions within a period of 45 days from the dispute arising, the dispute shall be referred to the courts of Coimbatore, Tamil Nadu. To the maximum extent permitted by law, these T&Cs shall be governed by the laws of the Republic of India and you hereby consent to the exclusive jurisdiction and venue of courts in Coimbatore in all disputes arising out of or relating to the use of the Services.
Indemnity
You agree to indemnify and hold Chitra’m, its proprietors/owners, affiliates, partner, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of the T&Cs read with the Privacy Policy, Refund Policy, Shipping Policy and other applicable policies, applicable laws, regulations, rules, guidelines and/or arising from a breach of these T&Cs and in relation to any content posted by you on the any part or whole Chitra’m website/platform.
Grievance Redressal/Support
For any queries, grievances or concerns in relation to the Services provided, please contact the name and contact details of the Grievance Officer are provided below:
Arun Viswanathan S K
Designation : Proprietor
Address : No.7, Red Buildings, Sathyamoorthy Road
Ramnagar, Coimbatore, Tamil Nadu 641 009
Email : info@chitramcraftchocolates.com
Phone : +91 98438 06006
We will endeavour on a best-efforts basis to acknowledge your query/concern or grievance and provide further communication on the same within 3 business days of receipt.