The website cafeklatsch.in is owned by Café Klatsch, a partnership firm based out at Navsari, Gujarat. The Terms and Conditions stated below apply to all users of cafeklatsch.in. You agree to be bound by these Terms and Conditions by using this cafeklatsch.in and are, therefore, requested to carefully read through these Terms and Conditions. Café Klatsch will be making changes to the Terms and Conditions as and when the need arises and by using the cafeklatsch.in you also agree to be bound by these changes to the Terms & Conditions, which you will be periodically reviewing.
1.1 These terms and conditions shall govern your use of cafeklatsch.in.
1.2 By using cafeklatsch.in, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use cafeklatsch.in.
1.3 If you register with cafeklatsch.in, submit any material to cafeklatsch.in or use any of cafeklatsch.in services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use cafeklatsch.in; by using cafeklatsch.in or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright © 2016 Café Klatsch.
3.2 Subject to the express provisions of these terms and conditions:
- Café Klatsch owns and controls all the copyright, trademarks, and other intellectual property rights in cafeklatsch.in and the material on cafeklatsch.in; and
- All the copyright and other intellectual property rights in cafeklatsch.in and the material on cafeklatsch.in are reserved.
- You agree not to reproduce, copy, issue copies, make translation of or to do any other act in violation of the copyrighted content on cafeklatsch.in. You also agree not to use the Trademarks or any marks deceptively similar thereto without the written consent of Café Klatsch.
4. Licence to use cafeklatsch.in
4.1 You may:
- view pages from cafeklatsch.in in a web browser;
- download pages from cafeklatsch.in for caching in a web browser;
- print pages from cafeklatsch.in;
- stream audio and video files from cafeklatsch.in; and
- use cafeklatsch.in services by means of a web browser,
- Subject to the other provisions of these terms and conditions.
Subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions; you must not download any material from cafeklatsch.in or save any such material to your computer.
4.3 You may only use cafeklatsch.in for your own personal and business purposes, and you must not use cafeklatsch.in for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on cafeklatsch.in.
4.5 Unless you own or control the relevant rights in the material, you must not:
- republish material from cafeklatsch.in including republication on another website;
- sell, rent or sub-license material from cafeklatsch.in;
- show any material from cafeklatsch.in in public;
- exploit material from cafeklatsch.in for a commercial purpose; or
- redistribute material from cafeklatsch.in.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of cafeklatsch.in, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on cafeklatsch.in.
5. Acceptable use
5.1 You must not:
- use cafeklatsch.in in any way or take any action that causes, or may cause, damage to cafeklatsch.in or impairment of the performance, availability or accessibility of cafeklatsch.in;
- use cafeklatsch.in in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use cafeklatsch.in 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;
conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to cafeklatsch.in without our express written consent;
access or otherwise interact with cafeklatsch.in using any robot, spider or other automated means, except for the purpose of search engine indexing;
violate the directives set out in the robots.txt file for cafeklatsch.in; or
use data collected from cafeklatsch.in for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
5.2 You must not use data collected from cafeklatsch.in to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through cafeklatsch.in, or in relation to cafeklatsch.in, is true, accurate, current, complete and non-misleading.
6. Registration and accounts (Not applicable right now)
6.1 To be eligible for an individual account on cafeklatsch.in under this Section 6, you must be at least 18 years of age.
6.2 You may register for an account with cafeklatsch.in by completing and submitting the account registration form on cafeklatsch.in, and clicking on the verification link in the email that cafeklatsch.in will send to you.
6.3 You must not allow any other person to use your account to access cafeklatsch.in.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access cafeklatsch.in, unless you have that person’s express permission to do so.
7. User login details (Not applicable right now)
7.1 If you register for an account with cafeklatsch.in, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on cafeklatsch.in arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Right to prevent access and cancel order
8.1 We may:
- suspend your account;
cancel your account; and/or
- edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 Café Klatsch further reserves the right, at its sole discretion, to refuse or cancel any order without assigning any reasons. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, files & feedback that you submit to us or cafeklatsch.in for storage or publication on, processing by, or transmission via, cafeklatsch.in.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media on and in relation to this website and any successor website
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on cafeklatsch.in.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
11. Limited warranties
11.1 We do not warrant or represent:
- the completeness or accuracy of the information published on cafeklatsch.in;
- that the material on cafeklatsch.in is up to date; or
- that cafeklatsch.in or any service on cafeklatsch.in will remain available.
11.2 We reserve the right to discontinue or alter any or all of the cafeklatsch.in services, and to stop publishing cafeklatsch.in, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, cafeklatsch.in and the use of cafeklatsch.in.
11.4 Cafeklatsch.in may provide links to websites and web pages of third parties. We do not guarantee the accuracy, correctness or completeness of the information on such websites or web pages. Further, we neither monitor such websites or web pages nor have any control over the same. You, as a user of the Website, undertake and agree that any use of such websites or web pages by you is entirely at your own risk and you will not hold Cafeklatsch.in responsible for any consequences thereof including that for any inaccurate information on such website or web pages.
11.5 cafeklatsch.in may display advertisements in respect of third party products and services. If you choose to purchase any such products or avail any such services that are so advertised on cafeklatsch.in, you undertake to do so entirely at your own volition and risk and any such dealings that you may enter into with such third parties is between you and such third party. Café Klatsch is not, in any manner, responsible or liable for any harm, injury, loss or damage of any sort suffered by you consequent to such dealings.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that are not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
- are subject to Section 12.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that cafeklatsch.in and the information and services on cafeklatsch.in are provided free of charge; we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. We do not represent or warrant that the Website or its servers are free of viruses or bugs that can harm or damage your system.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with cafeklatsch.in or these terms and conditions; this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to cafeklatsch.in;
- permanently prohibit you from accessing cafeklatsch.in;
- block computers using your IP address from accessing cafeklatsch.in;
- contact any or all of your internet service providers and request that they block your access to cafeklatsch.in;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on cafeklatsch.in.
13.2 Where we suspend or prohibit or block your access to cafeklatsch.in or a part of cafeklatsch.in, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of cafeklatsch.in from the date of publication of the revised terms and conditions on the cafeklatsch.in, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on cafeklatsch.in, and you must stop using cafeklatsch.in.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of cafeklatsch.in and shall supersede all previous agreements between you and us in relation to your use of cafeklatsch.in.
19. Credit Card Transaction & Secure Shopping
19.1 You undertake and agree to provide correct and accurate details of the credit card used by you for purchasing products from Café Klatsch’s online shop. Further, you agree and undertake not to use credit cards not legally owned by you or not authorized to be used by you. You agree and undertake that Café Klatsch shall not be responsible for any damage caused to any third parties by your use of credit cards not owned by you or not authorized to be used by you.
19.2 You agree that Café Klatsch has a right to recover from you the cost of goods purchased, attorneys’ fees and other costs associated with fraudulent credit card transactions on cafeklatsch.in.
19.3 We want to make your shopping experience easy and comfortable, so we have taken measures to guarantee all orders you place with us will be secure and safe. We use the latest in security technology to ensure your credit card information stays safe, as well as maintain the utmost respect for your personal information and guarantee that we will never sell it to a third party. When you use your credit card to make a purchase through our shopping basket, the information you provide is protected by Secure Sockets Layer (SSL) encryption technology. This technology ensures that your personal information is protected from outside parties when transmitted from your computer to our server.
20 Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with Indian laws.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Navsari, Gujarat, India.
21. Our Details
21.1 cafeklatsch.in is owned and operated by Café Klatsch.
21.2 We are partnership firm based out at Navsari under VAT registration number 24240102505 and our registered office is at 11-13, ABB Shopping Centre, Opp. Parsee Hospital, Luncikui, Navsari-396445, Gujarat, India.
21.3 Our principal place of business is at 11-13, ABB Shopping Centre, Opp. Parsee Hospital, Luncikui, Navsari-396445, Gujarat, India.
21.4 You can contact us:
- by post, using the postal address given above;
- using cafeklatsch.in contact form;
- by telephone, on the contact number published on cafeklatsch.in from time to time; or
- by email, using the email address published on cafeklatsch.in from time to time.