Terms of service

The Good Kind

This Document Is an Electronic Record in Terms of the Information Technology Act, 2000 and Rules Made Thereunder. This Electronic Record Is Generated by a Computer System and Does Not Require Any Physical or Digital Signatures.

This Document Is Published in Accordance with the Provisions of Rule 4(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 That Requires Publishing the Rules and Regulations, Privacy Policy and Terms of Use for Access or Usage of the Website.

Overview

The domain name https://www.thegoodkindfoods.com and its related sub-domains, sites, services, and tools (collectively, "Website") is owned and operated by TGK Foods Private Limited. Throughout the Website, the terms "we", "us" and "our" refer to TGK Foods Private Limited, bearing CIN No: U24290KA2022PTC167021 (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/or purchasing any product listed on the Website, through the Website, you engage in our services provided via the Website ("Service") and agree to be bound by the following terms and conditions ("Terms of Service"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. You should read these Terms of Service and access and read all further linked information, if any, referred to in these Terms of Service, as such information contains further terms and conditions that apply to you as a user of the Website. Such linked information including but not limited to our privacy policy ("Privacy Policy") is hereby incorporated by reference into these Terms of Service.

These Terms of Service apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service or unable to be legally bound by these Terms of Service, then you may not access the Website or use any services or otherwise click to accept these Terms of Service, if and when prompted on the Website.

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Service at any time, and will notify you at least once in a year, or whenever there is a change in these Terms of Service, by email or by posting a conspicuous notice on the Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. As long as you comply with these Terms of Service, we grant you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Website.

A breach or violation of any of the terms set out herein will result in an immediate termination of your access to and use of the Website and the Service.

If you are unwilling or unable to be legally bound by these Terms of Service, please do not give your consent or use the Website. You cannot accept these Terms of Service if: (a) you are not lawfully entitled to use the Website; or (b) if you are not of legal age to form a binding agreement with us.

Eligibility

Use of the Website is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. We reserve the right to terminate any person's membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover that you are not eligible to use the Website. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms of Service. If a minor or person with disability wishes to use or transact on the Website, such use or transaction may be made by a verifiable consent by the minor or person with disability's legal guardian or parents on the Website. Any minor or person with disability accessing, using or transacting on the Website in violation of these Terms of Service shall be doing so at their own risk and we shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Website. We reserve the right to terminate any person's membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover for itself that such person is not eligible to use the Website.

Acceptance of Terms of Service

In order to use the Website, you must first agree to these Terms of Service. You shall be deemed to have accepted these Terms of Service by (a) clicking to accept these Terms of Service, when prompted on the Website; or (b) actually using the Website, in which case, you understand and agree that the earlier affirmative consent given by you on the Website shall be treated by us as a continued acceptance of the Terms of Service.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit/debit card information), 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. Credit/Debit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Service

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may also discontinue any or all of the products and Service provided on the Website, as we may deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You acknowledge and agree that we provide access to tools on the Website "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any such tools. Any use by you of tools offered through the Website is entirely at your own risk and discretion.

The provision of Service on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result of such disruption or outages.

Subscription Plan and Payment Terms

In addition to being able to purchase products from the Website, you may also purchase Products on a subscription plan. The users shall have the ability to purchase the Products on a monthly or fortnightly subscription or in such other manner as may be decided by us and notified to you from time to time ("Subscription"). When you purchase a Subscription ("Transaction"), we may ask you to supply additional information relevant to your Transaction, such as your debit or credit card number, the expiration date of your debit or credit card, or bank account details and your address(es) for billing and delivery ("Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. If you choose to initiate a Transaction, you consent and authorize us to provide your Payment Information to third party service providers for completion of the Transaction, and you further agree to: (a) pay of the applicable fees and any taxes thereon; (b) to bear any additional costs, charges, expenses (including fees and taxes thereon) that your bank or other financial service provider may levy in relation to the Transaction; and (c) permit us to charge your debit or credit card or third party payment processing account, for verification, pre-authorization and payment purposes. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided under these Terms of Service.

All amounts are payable and charged for monthly or fortnightly Subscriptions or as per our payment cycle, at the beginning of the Subscription. Each such Subscription renews automatically for an additional period equal in length to the expiring Subscription term until you cancel it, using the Payment Information you have provided. You must cancel your monthly or fortnightly Subscription before it renews to avoid the billing of the fees for the next Subscription period. You can cancel the renewal of your subscription at any time by contacting us by email at contact@thegoodkindfoods.com. You will not receive a refund for the fees you already paid for your current Subscription period and you will continue to receive the services ordered until the end of your current Subscription period. We have no obligation to keep you informed prior to the billing of the fees based on your Subscription. You may see your Subscription related information in "My Account" on the Website. In case of any request in relation to product customization, you are required to inform us at contact@thegoodkindfoods.com at least 3 (three) business days in advance of the next billing cycle. The billing amount may change subject to the change in product plan.

Opening an Account

The Website allows only limited and restricted access to the Service for unregistered users.

As part of the sign-up process, you will have to create an account on the Website ("Account"), which can be done either by signing up through Facebook, Google, by your personal e-mail address or through such other means as may be indicated by us from time to time. In case of login through personal e-mail address, you will be required to provide an e-mail address and a password. While signing-up with us, you shall not (a) create an Account for anyone other than yourself, unless such person's prior permission has been obtained; or (b) create an Account that is the name of another person with the intent to impersonate that person. You are solely responsible for all activities that occur under the Account and hereby undertake that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Website and the Account.

Once registered, you can log in to the Account by (a) using the e-mail address and password; or (b) by logging into Facebook or other third party websites/modes, provided at the time of signing-up ("Login Credentials"). You agree that the sole responsibility of maintaining the security and confidentiality of the Login Credentials rests with you at all times. You shall not share these Login Credentials with any third party. In no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of your use of the Website or the Login Credentials, theft of the Login Credentials or release by you of the Login Credentials to a third party, or your authorization to allow another person to access and use the Website using the Account.

You agree to (a) immediately notify us of any misappropriation or unauthorised use of the Account or any other breach of security via. the registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by us; and (b) exit from the Account at the end of each session. You may be held liable for losses incurred by us or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.

If you do not want to create an Account on the Website, you, as an unregistered user, are permitted to make purchases on the Website without creating an account by using the option of 'Guest Checkout'. In order to avail this 'Guest Checkout' option, you shall be required to provide us with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, as an unregistered user, the information you provide us will not be saved on the Website and you will be required to re-enter such information every time you use 'Guest Checkout' on the Website at the time of purchase.

We cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Service.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from the Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns and Refunds Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

TGK Foods Private Limited may enable you to link your Account with a valid account on a third party social networking, email or content service such as Facebook, Instagram, YouTube, or Twitter, (such service, a "Third-Party Service" and each such account, a "Third-Party Account") by allowing TGK Foods Private Limited to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent that you are entitled to disclose your Third-Party Account login information to TGK Foods Private Limited and/or grant TGK Foods Private Limited access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Service and/or Third-Party Account and without obligating TGK Foods Private Limited to pay any fees or making TGK Foods Private Limited subject to any usage limitations imposed by such Third-Party Service providers.

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.