TERMS OF SERVICE AGREEMENT
Last Revision:
Welcome to https://admin.tummytruckers.com/. This website is owned
and operated by Tummy Trucker Foods (OPC) Pvt. Ltd & 34
A/346,Chandgarh,Chandigarh,Punjab,160047. By visiting our
website and accessing the information, resources, services,
products, and tools we provide, you understand and agree to
accept and adhere to the following terms and conditions as
stated in this policy (hereinafter referred to as the ‘Agreement’),
along with the terms and conditions as stated in our Privacy
Policy (please refer to the Privacy Policy section below for more
information).
We reserve the right to change this Agreement from time to time
with/without notice. You acknowledge and agree that it is your
responsibility to review this Agreement periodically to familiarize
yourself with any modifications. Your continued use of this site
after such modifications will constitute acknowledgment and
agreement of the modified terms and conditions.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT
CAREFULLY. BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Agreement governs your use of this website
https://admin.tummytruckers.com/ (hereinafter referred to as the
‘Website’), Tummy Trucker Foods (OPC) Pvt. Ltdc’s offer of
Services for purchase on this Website, or your purchase of
Services available on this Website. This Agreement includes
and incorporates by this reference, the policies and guidelines
referred below. Tummy Trucker Foods (OPC) Pvt. Ltd reserves
the right to change or revise the terms and conditions of this
Agreement at any time by posting any changes or a revised
Agreement on this Website. Tummy Trucker Foods (OPC) Pvt.
Ltd will/will not alert you that changes or revisions have been
made by indicating on the top of this Agreement the date it was
last revised. The changed or revised Agreement will be effective
immediately after it is posted on this Website. Your use of the
Website following the posting of any such changes or of a
revised Agreement will constitute your acceptance of any such
changes or revisions. Tummy Trucker Foods (OPC) Pvt. Ltd
encourages you to review this Agreement whenever you visit the
Website to make sure that you understand the terms and
conditions governing use of the Website. This Agreement does
not alter in any way the terms or conditions of any other written
agreement you may have with Tummy Trucker Foods (OPC)
Pvt. Ltd for other products or services. If you do not agree to this
Agreement (including any referenced policies or guidelines),
please immediately terminate your use of the Website.
Responsible Use And Conduct
In order to access our Resources/ Services, you may be
required to provide certain information about yourself (such as
identification, email, phone number, contact details, etc.) as part
of the registration process, or as part of your ability to use the
Resources. You agree that any information you provide will
always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any
login information associated with any account you use to accessour Resources/ Services. Accordingly, you are responsible for all
activities that occur under your accounts.
Accessing (or attempting to access) any of our Resources/
Services by any means other than through the means we
provide, is strictly prohibited. You specifically agree not to access
(or attempt to access) any of our Resources/ Services through
any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our
Resources/ Services, including the servers and/or networks to
which our Resources / Services are located or connected, is
strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our
Resources / Services is strictly prohibited.
You are solely responsible for any consequences, losses, or
damages that we may directly or indirectly incur or suffer due to
any unauthorized activities conducted by you, as explained
above, and may incur criminal or civil liability.
Privacy:
Tummy Trucker Foods (OPC) Pvt. Ltd believes strongly in
protecting user privacy, which is why a separate Privacy Policy
have been created in order to explain in detail how we collect,
manage, process, secure, and store your private information.
Please refer to Tummy Trucker Foods (OPC) Pvt. Ltd privacy
policy, incorporated by reference herein, that is posted on the
Website.
Services - Terms of Offer:
This Website offers for sale certain Services (hereinafter
referred to as ‘ Services’). By placing an order for Services
through this Website, you agree to the terms set forth in this
Agreement.
Customer Solicitation:
Unless you notify our third party call center representatives or
direct Tummy Trucker Foods (OPC) Pvt. Ltd sales
representatives, while they are calling you, of your desire to opt
out from further direct company communications and
solicitations, you are agreeing to continue to receive further
emails and call solicitations from Tummy Trucker Foods (OPC)
Pvt. Ltd and its designated in house or third party call team(s).
Opt Out Procedure:
We provide 3 easy ways to opt out of from future solicitations -
You may use the opt out link found in any email solicitation
that you may receive.
You may also choose to opt out, via sending your email
address to: [opt-out email].
You may send a written remove request to Tummy Trucker
Foods (OPC) Pvt. Ltd sales representatives, while they are
calling you, of your desire to opt out from further direct
company communications and solicitations, you are agreeing
to continue to receive further emails and call solicitations
from Tummy Trucker Foods (OPC) Pvt. Ltd & ADDRESS
34 A/346,Chandgarh,Chandigarh,Punjab,160047.
Proprietary Rights:
Tummy Trucker Foods (OPC) Pvt. Ltd has proprietary rights
and trade secrets in the Services. You may not copy, reproduce,
resell or redistribute any Product manufactured and/or distributed
by Tummy Trucker Foods (OPC) Pvt. Ltd. Tummy Trucker
Foods (OPC) Pvt. Ltd also has rights to all trademarks and
trade dress and specific layouts of this webpage, including calls
to action, text placement, images and other information.
Taxes: If you purchase any Services, you will be responsible for
paying the applicable taxes. (GST)
Content, Intellectual Property, Third Party Links:
In addition to making Services available, this Website also offers
information and marketing materials. This Website also offers
information, both directly and through indirect links to third-party
websites, about (kind of information). Tummy Trucker Foods
(OPC) Pvt. Ltd does not always create the information offered
on this Website; instead the information is often gathered from
other sources. To the extent that Tummy Trucker Foods (OPC)
Pvt. Ltd does create the content on this Website, such content is
protected by intellectual property laws of the India, foreign
nations, and international bodies. Unauthorized use of the
material may violate copyright, trademark, and/or other laws. You
acknowledge that your use of the content on this Website is for
personal, non-commercial use. Any links to third-party websites
are provided solely as a convenience to you. Tummy Trucker
Foods (OPC) Pvt. Ltd does not endorse the contents on any
such third-party websites. Tummy Trucker Foods (OPC) Pvt.
Ltd is not responsible for the content of or any damage that may
result from your access to or reliance on these third-party
websites. If you link to third-party websites, you do so at your
own risk.
Use of Website:
Tummy Trucker Foods (OPC) Pvt. Ltd is not responsible for
any damages resulting from use of this website by anyone. You
will not use the Website for illegal purposes. You will -
abide by all applicable local, state, national, and international
laws and regulations in your use of the Website (including laws
regarding intellectual property),
not interfere with or disrupt the use and enjoyment of the Website by other users,
not resell material on the Website,
not engage, directly or indirectly, in transmission of "spam", chain
letters, junk mail or any other type of unsolicited communication,
and
not defame, harass, abuse, or disrupt other users of the Website.
License:
By using this Website, you are granted a limited, non-exclusive,
non-transferable right to use the content and materials on the
Website in connection with your normal, non-commercial use of
the Website. You may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without
express written authorization from Tummy Trucker Foods
(OPC) Pvt. Ltd or the applicable third party (if third party content
is at issue).
Blogs:
We may provide various open communication tools on our
website, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings and reviews,
various social media services, etc. You understand that generally
we do not pre-screen or monitor the content posted by users of
these various communication tools, which means that if you
choose to use these tools to submit any type of content to our
website, then it is your personal responsibility to use these tools
in a responsible and ethical manner. By posting information or
otherwise using any open communication tools as mentioned,
you agree that you will not upload, post, share, or otherwise
distribute any content that:
is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains
any type of suggestive, inappropriate, or explicit language;
infringes on any trademark, patent, trade secret, copyright, or
other proprietary right of any party;
Successfully
contains any type of unauthorized or unsolicited advertising;
impersonates any person or entity, including any
https://admin.tummytruckers.com//Tummy Trucker Foods (OPC) Pvt.
Ltd employees or representatives.
We have the right at our sole discretion to remove any content
that, we feel in our judgment does not comply with this User
Agreement, along with any content that we feel is otherwise
offensive, harmful, objectionable, inaccurate, or violates any 3rd
party copyrights or trademarks. We are not responsible for any
delay or failure in removing such content. If you post content that
we choose to remove, you hereby consent to such removal, and
consent to waive any claim against us.
We do not assume any liability for any content posted by you or
any other 3rd party users of our website. However, any content
posted by you using any open communication tools on our
website, provided that it doesn't violate or infringe on any 3rd
party copyrights or trademarks, becomes the property of Tummy
Trucker Foods (OPC) Pvt. Ltd, and as such, gives us a
perpetual, irrevocable, worldwide, royalty-free, exclusive license
to reproduce, modify, adapt, translate, publish, publicly display
and/or distribute as we see fit. This only refers and applies to
content posted via open communication tools as described, and
does not refer to information that is provided as part of the
registration process, necessary in order to use our Resources.
All information provided as part of our registration process is
covered by our Privacy Policy.
You agree to indemnify and hold harmless
https://admin.tummytruckers.com/ a digital property of Tummy Trucker
Foods (OPC) Pvt. Ltd and its parent company and affiliates, and
their directors, officers, managers, employees, donors, agents,
and licensors, from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this User Agreement or the failure to fulfill any
obligations relating to your account incurred by you or any other
person using your account. We reserve the right to take over the
exclusive defense of any claim for which we are entitled to
indemnification under this User Agreement. In such event, you
shall provide us with such cooperation as is reasonably
requested by us.
Posting:
By posting, storing, or transmitting any content on the Website,
you hereby grant Tummy Trucker Foods (OPC) Pvt. Ltd a
perpetual, worldwide, non-exclusive, royalty-free, assignable,
right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and assign such
content in any form, in all media now known or hereinafter
created, anywhere in the world. Tummy Trucker Foods (OPC)
Pvt. Ltd does not have the ability to control the nature of the
user-generated content offered through the Website. You are
solely responsible for your interactions with other users of the
Website and any content you post. Tummy Trucker Foods
(OPC) Pvt. Ltd is not liable for any damage or harm resulting
from any posts by or interactions between users. Tummy
Trucker Foods (OPC) Pvt. Ltd reserves the right, but has no
obligation, to monitor interactions between and among users of
the Website and to remove any content Tummy Trucker Foods
(OPC) Pvt. Ltd deems objectionable, in Tummy Trucker Foods
(OPC) Pvt. Ltd's sole discretion.
Disclaimer of Warranties:
Your use of this website and/or Services are at your sole risk.
The website and Services are offered on an "as is" and "as
available" basis. Tummy Trucker Foods (OPC) Pvt. Ltd
expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose and non-
infringement with respect to the Services or website content, or
any reliance upon or use of the website content or Services ("
Services" include trial Services.)
Successfully
Without limiting the generality of the foregoing, Tummy Trucker
Foods (OPC) Pvt. Ltd makes no warranty:
that the information provided on this website is accurate, reliable,
complete, or timely.
that the links to third-party websites are to information that is
accurate, reliable, complete, or timely.
no advice or information, whether oral or written, obtained by you
from this website will create any warranty not expressly stated
herein
as to the results that may be obtained from the use of the
products or that defects in products will be corrected.
regarding any Services purchased or obtained through the
website.
Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to
you.
Limitation Of Liability
Tummy Trucker Foods (OPC) Pvt. Ltd’s entire liability, and your
exclusive remedy, in law, in equity, or otherwise, with respect to
the website content / Services and/or for any breach of this
agreement is solely limited to the amount you paid, less shipping
and handling charges, for Services purchased via this website.
Tummy Trucker Foods (OPC) Pvt. Ltd will not be liable for any
direct, indirect, incidental, special or consequential damages in
connection with this agreement &/or Services in any manner,
including liabilities resulting from:
the use or the inability to use the website content / Services;
the cost of procuring substitute content / Services;
any information obtained / Services purchased or transactions
entered into through the website; or
any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages so some of the
above limitations may not apply to you.
conjunction with the Limitation of Liability as explained above,
you expressly understand and agree that any claim against us
shall be limited to the amount you paid, if any, for use of
Services. https://admin.tummytruckers.com//Tummy Trucker Foods
(OPC) Pvt. Ltd will not be liable for any direct, indirect,
incidental, consequential or exemplary loss or damages which
may be incurred by you as a result of using our Resources /
Services, or as a result of any changes, data loss or corruption,
cancellation, loss of access, or downtime to the full extent that
applicable limitation of liability laws apply.
Indemnification:
You will release, indemnify, defend and hold harmless Tummy
Trucker Foods (OPC) Pvt. Ltd, and any of its contractors,
agents, employees, officers, directors, shareholders, affiliates
and assigns from all liabilities, claims, damages, costs and
expenses, including reasonable attorneys' fees and expenses, of
third parties relating to or arising out of
this Agreement or the breach of your warranties, representations
and obligations under this Agreement;
the Website content or your use of the Website content;
the Services or your use of the Services (including Trial
Services);
any intellectual property or other proprietary right of any person
or entity;
your violation of any provision of this Agreement; or
any information or data you supplied to Tummy Trucker Foods
(OPC) Pvt. Ltd.
When Tummy Trucker Foods (OPC) Pvt. Ltd is threatened with
suit or sued by a third party, Tummy Trucker Foods (OPC) Pvt.
Ltd may seek written assurances from you concerning your
promise to indemnify Tummy Trucker Foods (OPC) Pvt. Ltd;
your failure to provide such assurances may be considered by
Tummy Trucker Foods (OPC) Pvt. Ltd to be a material breach
of this Agreement. Tummy Trucker Foods (OPC) Pvt. Ltd will
have the right to participate in any defense by you of a third-party
claim related to your use of any of the Website content /
Services, with the counsel of Tummy Trucker Foods (OPC)
Pvt. Ltd’s choice at its expense. Tummy Trucker Foods (OPC)
Pvt. Ltd will reasonably cooperate in any defense by you of a
third-party claim at your request and expense. You will have sole
responsibility to defend Tummy Trucker Foods (OPC) Pvt. Ltd
against any claim, but you must receive Tummy Trucker Foods
(OPC) Pvt. Ltd’s prior written consent regarding any related
settlement. The terms of this provision will survive any
termination or cancellation of this Agreement or your use of the
Website / Services.
Copyrights / Trademarks
All content and materials available on
https://admin.tummytruckers.com/, including but not limited to text,
graphics, website name, code, images and logos are the
intellectual property of Tummy Trucker Foods (OPC) Pvt. Ltd
and are protected by applicable copyright and trademark law.
Any inappropriate use, including but not limited to the
reproduction, distribution, display or transmission of any content
on this site is strictly prohibited, unless specifically authorized by
Tummy Trucker Foods (OPC) Pvt. Ltd.
Agreement To Be Bound
BY USING THIS WEBSITE OR ORDERING Services, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE
BOUND BY THIS AGREEMENT AND ALL TERMS AND
CONDITIONS ON THIS WEBSITE.
General Clause:
Force Majeure: Tummy Trucker Foods (OPC) Pvt. Ltd will not
be deemed in default hereunder or held responsible for any
cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm,
natural disaster, act of God, war, terrorism, armed conflict, labor
strike, lockout, or boycott.
Cessation of Operation: Tummy Trucker Foods (OPC) Pvt.
Ltd may at any time, in its sole discretion and without advance
notice to you, cease operation of the Website and distribution of
the Services.
Entire Agreement: This Agreement comprises the entire
agreement between you and Tummy Trucker Foods (OPC) Pvt.
Ltd and supersedes any prior agreements pertaining to the
subject matter contained herein.
Governing Law:
This website is controlled by Tummy Trucker Foods (OPC) Pvt.
Ltd from our offices located in the state of Punjab, India. It can
be accessed by most countries around the world. As each
country has laws that may differ from those of Punjab, India, by
accessing our website, you agree that the statutes and laws of
Punjab, India, without regard to its conflict of law principles to
the contrary and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to
the use of this website and the purchase of any Services
through this site.
Effect of Waiver:
The failure of Tummy Trucker Foods (OPC) Pvt. Ltd to
exercise or enforce any right or provision of this Agreement will
not constitute a waiver of such right or provision. If any provision
of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision and the other provisions of this Agreement remain
in full force and effect.
Governing Law/Jurisdiction:
This Website originates from the Chandigarh, Punjab, India.
This Agreement will be governed by the laws of the State of
Punjab, India. It can be accessed by most countries around the
world. As each country has laws that may differ from those of
Punjab, India without regard to its conflict of law principles to the
contrary. Neither you nor Tummy Trucker Foods (OPC) Pvt.
Ltd will commence Punjab), India. This Agreement will be
governed by the laws of the State of Punjab, India. It can be
accessed by most countries around the world. As each country
has laws that may differ from those of Punjab, India without
regard to its conflict of law principles to the contrary. Neither you
nor or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement, to recover damages for breach of
or default of this Agreement, or otherwise arising under or by
reason of this Agreement, other than in courts located in State of
Punjab, India. It can be accessed by most countries around the
world. As each country has laws that may differ from those of
Punjab, India. By using this Website or ordering Services, you
consent to the jurisdiction and venue of such courts in
connection with any action, suit, proceeding or claim arising
under or by reason of this Agreement. You hereby waive any
right to trial by jury arising out of this Agreement and any related
documents.
This website is controlled by Tummy Trucker Foods (OPC) Pvt.
Ltd from our offices located in the state of Punjab, India. It can
be accessed by most countries around the world. As each
country has laws that may differ from those of Punjab, India, by
accessing our website, you agree that the statutes and laws of
Punjab, India without regard to the conflict of laws and the
United Nations Convention on the International Sales of Goods,
will apply to all matters relating to the use of this website and the
purchase of any Services through this site.
Furthermore, any action to enforce this User Agreement shall be
brought in the courts having jurisdiction over such issue, located
in Punjab, India. You hereby agree to judgment passed by such
courts and waive any right to jurisdictional, venue, or
inconvenient forum objections to such courts.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Website or Services or this Agreement must be filed within one
(1) year after such claim or cause of action arose else be forever
barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY
IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN
CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS
ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS
ARISING OUT OF OR RELATING TO OR IN CONNECTION
WITH THIS AGREEMENT MUST BE ASSERTED
INDIVIDUALLY.
Termination:
Tummy Trucker Foods (OPC) Pvt. Ltd reserves the right to
terminate your access to the Website if it reasonably believes, in
its sole discretion, that you have breached any of the terms and
conditions of this Agreement. Following termination, you will not
be permitted to use the Website and Tummy Trucker Foods
(OPC) Pvt. Ltd may, in its sole discretion and without advance
notice to you, cancel any outstanding orders for Services. If your
access to the Website is terminated, Tummy Trucker Foods
(OPC) Pvt. Ltd reserves the right to exercise whatever means it
deems necessary to prevent unauthorized access of the
Website. This Agreement will survive indefinitely unless and until
Tummy Trucker Foods (OPC) Pvt. Ltd chooses, in its sole
discretion and without advance notice to you, to terminate it.
Domestic Use:
Tummy Trucker Foods (OPC) Pvt. Ltd makes no
representation that the Website or Services are appropriate or
available for use in locations outside India. Users who access the
Website from outside India do so at their own risk and initiative
and must bear all responsibility for compliance with any
applicable local laws.
Cancellation And Refund:
Cancellation of order is not possible once the payment has been
made. No refunds will be given except in the event of
cancellation or non-performance of service by Tummy Trucker
Guarantee:
Unless otherwise expressed, Tummy Trucker Foods (OPC)
Pvt. Ltd & https://admin.tummytruckers.com/ expressly disclaims all
warranties and conditions of any kind, whether express or
implied, including, but not limited to the implied warranties and
conditions of merchantability, fitness of content / Services for a
particular purpose and non-infringement.
Assignment:
You may not assign your rights and obligations under this
Agreement to anyone. Tummy Trucker Foods (OPC) Pvt. Ltd
may assign its rights and obligations under this Agreement in its
sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING Services FROM
THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
Contact Information:
If you have any questions or comments about these our Terms of
Service as outlined above, you can contact us at:
Tummy Trucker Foods (OPC) Pvt. Ltd
34 A/346,Chandgarh,Chandigarh,Punjab,160047
tummytrucker01@gmail.com
Foods (OPC) Pvt. Ltd.