Terms of service

Legal Agreement

This user agreement (“Agreement”) is an agreement between you and The True South Company ("True South" or "we" or "us" as the context requires) governing your use of True South's products and/or services with the characteristics and features as described on www.truesouth.in (“Website”) (referred to collectively as the "Services").

By accessing the Website, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website and applies to all visitors, users and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. True South will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to use the Website and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website is subject to the most current version of the terms of use posted on the Website at the time of such use.

True South has created this Website to provide Users, the Services which includes:

(i) Sale of True South products [including but not limited to Ready to use filter coffee decoction of various blends in different packing sizes] and True South merchandise
(ii) Information regarding True South

1. ACCESS

1.1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website by notifying the same on our Website from time to time without prior notice to you. We will not be liable, if for any reason our Website or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website, or our entire Website, to Users who have registered with us.

1.2. True South grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without True South’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

1.3. In order to utilize our Services to the fullest, you will need to register on the Website and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.

1.4. By using the Services, you warrant that: (a) all the data provided by you towards registration and purchase (as applicable) is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website or such other Services provided through the Website only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.

1.5. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process or be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information provided by you.

1.6. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify True South of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: support@truesouth.in.

1.7. You are responsible for making all arrangements necessary for you to have access to our Website/App/Mar and thereby the Services. You are also responsible for ensuring that any persons who access our Website/App/Marketplace and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to True South for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

1.8. True South reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by True South from using the Website or Services for any reason whatsoever.

2. MEMBERSHIP/REGISTRATION FOR THE SERVICES

2.1. Once you complete registration on the Website, you will be a member which:

2.1.1. allows you to access and post content on the Website;

2.1.2. allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website or describing new services that we enable on the Website;

2.1.3. allows you to access and purchase products on the Website, subject to the terms and conditions set out herein;

2.1.4. allows you to make use of the Services on the Website subject to these terms and conditions;

2.1.5. does not allow you to use email addresses displayed on the Website for any purpose other than that specifically authorized by us.

2.2. By providing True South your email address/ phone number you consent to:

2.2.1. our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.

2.2.2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.

2.2.3. Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you on the Website; and

2.2.4. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at:support@truesouth.in. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

3. GRANT OF LICENSE

3.1. Subject to these terms and conditions of use, True South grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

4. PRIVACY AND YOUR PERSONAL INFORMATION

4.1. For information about True South's data protection practices, please read True South's privacy policy set out below. This policy explains how True South treats your personal information, and protects your privacy, when you use the Services.

5. PRODUCT PURCHASE

5.1. You may access and use the Website to purchase products listed thereon (“Products”) from time to time.

5.2. True South’s responsibility in terms of the Products shall extend solely and exclusively to:

5.2.1. The provision of the platform for purchase of the Products on the Website/App;
5.2.2. Collection of payments from Users using the third party payment gateway on the Website. In the event of any disputed payments made, True South shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of True South’s obligations in this regard; and
5.2.3. Delivery of the Products to the Users who have placed orders therefore on the Website.


5.3. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 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. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back through your payment mode.

5.4. There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Marketplace, save as set out herein.

6. UPLOADING MATERIAL TO THE SERVICE

6.1. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

7. Restrictions on Content

7.1. Your contribution must not:

7.1.1. belong to another person and contain any information that you do not have any right to;
7.1.2. Be defamatory of any person;
7.1.3. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
7.1.4. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
7.1.5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.1.6. Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
7.1.7. Be harmful to minors;
7.1.8. Infringe any intellectual property including copyright, database right or trade mark of any other person;
7.1.9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.1.10. Be likely to harass, upset, embarrass, alarm or annoy any other person;
7.1.11. Impersonate any person, or misrepresent your identity or affiliation with any person;
7.1.12. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
7.1.13. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
7.1.14. Be such that it is known by you to be false, inaccurate or misleading;
7.1.15. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7.1.16. Be content for which you were compensated or granted any consideration by any third party;
7.1.17. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files; and
7.1.18. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

7.2. We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.

8. RESTRICTION ON USE OF SERVICES

8.1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle True South to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

8.1.1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
8.1.2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website;
8.1.3. Attempt to copy any software provided to you as part of the Services or the Website and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
8.1.4. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
8.1.5. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
8.1.6. Use any of True South’s domain name as a pseudonymous return email address;
8.1.7. Access or use the Website in any manner that could damage, disable, overburden, or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
8.1.8. Access or attempt to access any content that you are not authorized to access by any means;
8.1.9. Access the Website through any other means other than through the interface that is provided by us;
8.1.10. Alter or modify any part of the Services; and
8.1.11. Disrupt or interfere with the security of, or otherwise cause harm to the Website, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated linked sites.

9. RIGHTS RESERVED BY TRUE SOUTH

9.1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

9.2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.

9.3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.

9.4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.

9.5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

9.6. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, True South may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.

9.7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of True South, its Users and the public. True South shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

9.8. We reserve the right to introduce or change the prices of all Services at any time. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.

9.9. True South shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

10. BREACH OF CONTENT STANDARDS

10.1. When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

10.1.1. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website;

10.1.2. Immediate, temporary or permanent removal of any contribution already posted on the Website using the Services, upon your failure to cure the breach that is brought to your notice;

10.1.3. Issue of a warning to you;

10.1.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.1.5. Further legal action against you; and

10.1.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

10.2. We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

10.3. Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by True South to the Website or the Services will automatically terminate.

11. CONTENT

11.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which True South may suffer). True South exercises no control over the content posted on the Website using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.

11.2. A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. True South hereby disclaims any and all responsibility and liability associated with the same.

11.3. You acknowledge and agree that True South is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

11.4. You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.

11.5. You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

12. DISCLAIMERS

12.1. The Services may provide, or third parties may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12.2. You agree that your use of the Website and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. True South shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.

13. CONTENT LICENSE FROM YOU

13.1. Some areas of the Services may allow Users to post news, feedback, comments, questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. True South will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.

13.2. By Posting any User Content on the Website, you expressly grant, and you represent and warrant that you have a right to grant, to True South a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.

13.3. You understand that True South, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit True South to take these actions.

14. BILLING AND PAYMENT

14.1. You agree and understand that you may be redirected to third party payment gateway applications (as chosen by True South) in order to avail of any Services prior to commencement of the Service / purchase of the Product.

14.2. You agree, understand and confirm that the debit card /credit card/net banking / payment wallet details provided by you will be correct and accurate and you shall not use the debit card/credit card/net banking /payment wallet account which is not lawfully owned by you.

14.3. It is hereby clarified that we are not capturing any credit card / debit card / net banking / payment wallet details of any user. Further the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.

14.4. When you make a payment using our Website, including by way of credit cards, debit cards, net banking or wallets, it is your responsibility to retain the relevant payment details for purpose of any refund transaction.

14.5. By making the purchase, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place. When you provide your payment information, you authorize us (or a service payment processor) to process and store your payment and related information. We are not responsible for any credit card or overdraft fees associated with any order you use a credit card for. You agree to fully cooperate with us in an effort to resolve any problems we encounter in order to process your requested order. We do not have the obligation to provide the Services, in the event, the payment transaction fails and the appropriate amount is not duly received.

14.6. It is hereby clarified that any cancellation / refund request initiated by you shall be addressed in the manner set out in this Agreement. The refund, if payable, shall be made through the mode that was used to make the payment for the particular Services

14.7. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. True South may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

14.8. It is your responsibility to promptly provide True South with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). True South does not validate all credit card information required by the Customer's payment provider to secure payment.

14.9. You must notify True South about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to True South’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.

14.10. In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor, except as set out under this Agreement.

15. RETURNS AND REFUNDS

15.1. All Products are only eligible for refunds and return if – (i) the Product has been delivered to you in a spoilt or damaged condition; or (ii) there is manufacturing defect in the Product; or (iii) such other valid reasons as may be acceptable to True South, solely at its discretion..

15.2. All refunds and returns are on sole discretion of True South upon the verification and confirmation done by its employees and management.

15.3. You have 7 (seven) calendar days to return a Product from the date you received it. To be eligible for a return, the Product must be unused and in the same condition that you received it. The Product must be in the original packaging. Your need to provide the receipt or proof of purchase of the Product.

15.4. Once we receive your Product, we will inspect it and notify you that we have received your returned Product. We will immediately notify you on the status of your refund after inspecting the Product. If your return is approved, we will initiate a refund to your original method of payment. You will receive the credit within a month, depending on your payment provider’s policies.

15.5. Refund / Replacement shall also be entertained in the event there is a manufacturing defect. The process of return set out in this Clause needs to be adhered to initiate any refunds / replacement.

15.6. The Order shall be considered delivered if:

15.6.1. Delivery not done due to wrong address given by you;
15.6.2. Non availability of the recipients at the address;
15.6.3. Premises locked;
15.6.4. Wrong phone number or phone not working or switched off or not reachable, when tried by the delivery agent;
15.6.5. Addressee refused to accept the Products; or
15.6.6. Delivered the Product at the security cabin of the building/Reception/Neighbor, based on the instructions from you.

In case of civil disturbances, floods, Heavy Rains, National Bandh or in happening any other force majeure event, we reserve the right to cancel the order or reschedule the delivery to another date.

16. INDEMNITY AND LIMITATION OF LIABILITY

16.1. You agree to defend, indemnify and hold harmless True South, its officers, partners, 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 Service and Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website.

16.2. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

16.2.1. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;

16.2.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website or in connection with the use, inability to use, or results of the use of the Services or our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

16.3. Our liability to you shall under all circumstances be limited to a maximum of the purchase price paid by you for the Product which is the cause of indemnity.

17. OFFENCES

17.1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

17.2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

17.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

18. SECURITY

18.1. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

19. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

19.1. All right, title and interest in usage of the terms truesouth.in , True South including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

19.2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of The True South Company and its licensors. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of True South Company.

19.3. Except as expressly provided in these terms of use, no part of True South and no content or marks, data, statistics, independent research conducted and posted by True South may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

19.4. By accepting the use of terms hereunder you agree that the True South does not transfer/assign the title to the Website to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by True South, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.

19.5. Any usage of True South’s contents, without the written authorization of True South, shall be considered a breach of this Agreement, and you shall be required indemnify True South for all liability incurred in this regard.

20. GOVERNING LAW

20.1. The jurisdictional court of Bangalore shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.

20.2. True South accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.

21. RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME

21.1. The website www.truesouth.in is registered and owned by The True South Company, and usage of this Website and affiliated links is subject to the Terms of Use and Privacy Policy.