Purplekaddu.com, Shivinc.com and Shivinc.in are domains owned by Shivinc Food Sciences Private Limited (referred in brevity as “SFSPL” and the collectively referred to as “SFSPL Websites”)

1. User’s Acceptance

VISITING AND/OR BY USING THIS WEBSITE and use of Web pages located at the domain Purplekaddu.com or SFSPL Sites (collectively, including all Content, blogs, etc available through this domain name) by you (also referred herein as “User” if context required) is subject to and constitutes your acceptance of, and agreement to comply with the terms and conditions as mentioned hereunder. If you do not agree to any of the terms and conditions of this Agreement, then you should immediately discontinue any use of this website Purplekaddu.com and/or SFSPL Websites. Kindly note, that the terms and conditions of this Agreement, may change from time to time and it is your responsibility to check for such updates on SFSPL Websites. If any change is unacceptable to you, your sole recourse is to discontinue accessing or otherwise using SFSPL Websites. Your continued use of the SFSPL Websites shall constitute your acceptance of the Agreement as amended.

2. SFSPL Websites

These Terms of Use apply to all users of SFSPL Websites, including users who are also contributors of video or text content, information, and other materials or services on these Websites. These websites may contain links to other third party websites that are not owned or controlled by SFSPL and as it has no control over, it assumes no responsibility for, the content, privacy policies, or practices of any third party websites. These links are provided for your convenience only as references to help the User identify and locate other Internet resources that may be of interest. In addition, SFSPL will not and cannot censor or edit the content of any third-party site and therefore does not assume any responsibility for the accuracy, completeness, appropriateness or timeliness of any statements, data, information, opinions, or advice contained at such websites. By using such Website, you expressly relieve SFSPL from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our websites and to read the terms and conditions and privacy policy of each other website that you visit. A link to another site should not be construed to mean that SFSPL recommends, approves or endorses, or is affiliated or associated with, that other website, or is authorized to use any trademark, service mark, trade name, logo, symbol or copyrighted work that may be reflected in the link or the description of the link to other such websites. The User’s access to and use of such websites, whether through use of a link contained on these Websites or otherwise, including the use of any material, information, products or services contained therein, are solely at the User’s own risk.

3. Access

a. SFSPL hereby grants you permission to use the Information on its Websites as set forth in this Terms of Use, provided that:

(i) your use of the Websites as permitted is solely for your personal, noncommercial use;

(ii) you will not copy or distribute any part of the Websites in any medium without SFSPL's prior written consent/authorization;

(iii) you will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for their intended purpose, provided the Information is not modified, identifies the source, bears SFSPL’s copyright notice, and provided further that the User shall be fully responsible for any consequences resulting from such use; and

(iv) you will otherwise comply with the terms and conditions of these Terms of Use. Any other use of the Information is strictly prohibited. None of the Information may be otherwise reproduced, republished or re-disseminated, in whole or in part, in any manner or form without the prior written consent of SFSPL.

b. In order to access some features of these Websites, you may have to create an account. You will never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SFSPL immediately of any breach of security or unauthorized use of your account. Although SFSPL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SFSPL or others due to such unauthorized use.

4. SFSPL is not provider of Medical Advice

The Information on these Websites is provided for informational purposes only. Information is provided taking into consideration the general practices in the field of Nutrition and Medical and may not be applicable to you. The Information is not intended to be a substitute or replace in any manner for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider before changing your dietary habits or consuming a product based on what you read on these websites, as your medical condition may be unique.. Never disregard professional medical advice or delay in seeking it because of something you saw or read on the SFSPL websites.

5. Automated Access

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the SFSPL servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, SFSPL grants the operators of public search engines permission to use spiders to copy materials from the websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SFSPL reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.

6. Intellectual Property Rights

SFSPL either owns the intellectual property rights, including copyright, or has acquired the necessary licences therein, in and to the information, including, without limitation, all text, HTML code, videos, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the SFSPL Websites (collectively the “Information”).
The content on the SFSPL Websites, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SFSPL, subject to copyright and other intellectual property rights under Indian laws. Content on the Websites is 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 respective owners. SFSPL reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SFSPL Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SFSPL Websites or the Content therein.

7. User Submissions

a. The SFSPL Websites provide a "Discussion" feature, (feature allows for an interactive experience by integrating a commenting platform), by using this feature you understand and agree that we are providing a public comment sharing platform and that we or other Users may search for, see, use, re-post any of your User Content that you make publicly available through the feature, which you may use to post your views, comments and discussion material subject to the terms & condition of this agreement and in addition may now or in the future permit the submission of articles, recipe, food information, videos or other communications submitted by you and other users (collectively known as "User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SFSPL does not guarantee any confidentiality with respect to any submissions. SFSPL reserves the right to discontinue any aspect of the Websites at any time. SFSPL uses the services of a third party for the “Discussion” feature which stores the information on their servers. Please refer to their Privacy Policy and Terms of Service  on that portal before using the feature on this site.

b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SFSPL to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. By submitting the User Submissions to SFSPL, you hereby grant SFSPL a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SFSPL Websites (and its successor's) business, including without limitation for promoting and redistributing part or all of the SFSPL Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SFSPL Websites a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the SFSPL Websites.

c. In connection with User Submissions, you further 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 and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Future Today Inc all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage SFSPL or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, 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. SFSPL does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SFSPL expressly disclaims any and all liability in connection with User Submissions. SFSPL does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SFSPL reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length and also to remove Content and User Submissions without prior notice. SFSPL may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

d. Copyright owner or an agent thereof who believe that any User Submission or other content infringes upon your copyrights may submit a notification pursuant to the Indian Copyright Laws by providing our office with the following information in writing:

(i) A physical signed authority of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our Registered Office Address:
Shivinc Food Sciences Private Limited
316, Sun Industrial Estate, Sun Mill Compound, Lower Parel, Mumbai-400013
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
SFSPL, in appropriate circumstances, may terminate authorization of users to its Websites who are repeated infringers.

Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication provided to our Registered office address that includes substantially the following:

(i) A physical or electronic signature of the subscriber.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Mumbai Court and that the subscriber will accept service of process from the person who provided notification or an agent of such person

e. You understand that when using the SFSPL, you will be exposed to User Submissions from a variety of sources, and that SFSPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SFSPL with respect thereto, and agree to indemnify and hold SFSPL, its Owners/ Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

8. Disclaimer of Products and their Analysis

ALL INFORMATION CONTAINED ABOUT PRODUCTS ON THE WEBSITE, APPS, AND CONTENT, INCLUDING NUTRIENT INFORMATION, INGREDIENTS, FOOD ALLERGENS, AND INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS MEDICAL ADVICE.

When considering any product, our rating and its food suitability on SFSPL WEBSITES, keep in mind:-

(i) Manufacturer ingredients/formulations can change at any time.

(ii) SFSPL's data may be outdated, erroneous or incomplete.

(iii) Content from other users may be erroneous.

To verify a product for its fitness for your consumption, you should ALWAYS READ THE PRODUCT'S LABELS, check with the manufacturer directly and consult a qualified medical professional.

ALL PRODUCTS INFORMATION ANALYSISED on SFSPL are based its own proprietary algorithm rating devised on information that is publicly available on a product's package, the nutrition facts label and the ingredient list. We do not receive any additional information from manufacturers. Our algorithm while rating considers more points to nutrient dense foods and minimally to processed food. Our analysis intends to create awareness amongst consumers of food products, based on generally accepted practises by nutritionists and that such consumers should check their personal suitability based on individual health and body constitution parameters as advised by medical professionals.

SFSPL's algorithm, does not qualify, disqualify, down grade, upgrade any products through its analysis, it merely tries to draw attention of the consumers of such products, their possible impact on intake of such products.

SFSPL DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON MANUFACTUER INFORMATION, THIRD PARTY INFORMATION, SFSPL USERS' INFORMATION OR ON RATINGS AND FOOD SUITABLITY PROVIDED BY SFSPL. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.

ALL Trade Marks, Brands, Logos, Copyrights or any such legal right etc displayed about any product solely belong to respective companies and manufacturers who own them and SFSPL does not claim any right, title, interest or ownership in any manner whatsoever nor intends to infringe any attached right thereof. Any presentation or representation of a product is wrongly done for any of the above, that may merely be through oversight and will be corrected when highlighted or attention drawn by proper communication to us. SFSPL is not trying to advertise or market or promote any products other than the specific advertisement displayed by the product owners themselves. SFSPL DOES NOT ASSUME ANY LIABILITY WHATSOEVER ON ANY OF THE ABOVE.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, SFSPL DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE WEBSITE.

9. Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SFSPL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF.THESE SITES AND ALL INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THESE SITES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS AND INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE OPERATION, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE SITES AND ALL INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THESE SITE IS REASONABLY BELIEVED TO BE RELIABLE WHEN POSTED. SFSPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESE SITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SFSPL WEBSITES. SFSPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SFSPL WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SFSPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SFSPL ASSUMES NO OBLIGATION TO UPDATE THE SITES OR ADVISE OF ANY FURTHER DEVELOPMENTS. INFORMATION AND THIRD PARTY INFORMATION WHETHER CONTAINED ON OR LINKED FROM THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

10. Limited Liabilities

IN NO EVENT SHALL SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, OR THE INABILITY TO USE OR ACCESS THE SITES OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITES (INCLUDING WITHOUT LIMITATION THE DATABASE AND SEARCH ENGINE) RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SFSPL WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE WEBSITES ACCESS BEING FREE TO THE USER, THE USER CANNOT ASSUME ANY COSTS THEREOF. UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE TOTAL LIABILITY OF SFSPL TO YOU ARISING UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER BE GREATER THAN Rs.100/-.YOU SPECIFICALLY ACKNOWLEDGE THAT SFSPL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Websites are controlled and offered by SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) through rented facilities /servers.. SFSPL makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Trade Marks

Certain words, phrases, names, designs or logos used on the Site constitute trade marks, service marks or trade names of SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) or other entities as indicated. The display of any such marks or names on the Site does not imply that a license has been granted by SFSPL or such other entities. SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL)  will take all appropriate legal action necessary to fully and effectively enforce its rights, whether such rights are in respect of a trademark, service mark, copyright or any other intellectual property right or other right of SFSPL under applicable law, as set out in this Agreement.

12. Indemnity
You agree to defend, indemnify and hold harmless SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL), its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SFSPL Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the SFSPL Websites.

13. User’s Warranties and Representations

The User hereby represents, warrants and covenants that the use of the Sites by the User has not and shall not violate any applicable local, national or international law, including, without limitation, any regulations having the force of law. The User hereby covenants not to impersonate another person in the use of the Sites or the sending of any email to an address listed on the Sites.

14. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) Websites is not intended for children under 18. If you are under 18 years of age, then please do not use the SFSPL Websites.

15. Governing Law

The laws of India applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provisions or the User’s domicile, residence, or physical location. The User hereby consents and submits to the non-exclusive jurisdiction of the courts of Mumbai in any action or proceeding instituted under or related to this Agreement.

16. General

This Agreement sets forth the entire agreement between you and SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) in respect of the Sites and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect. Any failure by SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. The parties have required that this Agreement and all documents relating thereto be drawn-up in English. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SFSPL's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. SFSPL reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the SFSPL Websites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and SHIVINC FOOD SCIENCES PRIVATE LIMITED (SFSPL) agree that any cause of action arising out of or related to its websites must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.