Terms And Conditions
Welcome to continentalgreenbird.com (“Website”). As a visitor to the Website, you are advised to please read these Term & Conditions carefully. By accessing the services provided by the Website you agree to the terms provided in this document.
The domain name www.continentalgreenbird.com (hereinafter referred to as “Website”) is owned by Continental Greenbird (Brand Owned by Continental Coffee Pvt. Ltd.), a company incorporated under the Companies Act, 1956 with its registered office at 7-1-24-2/D, Greendale, Ameerpet Rd, Leelanagar, Begumpet, Hyderabad, Telangana 500016 (hereinafter referred to as “Continental”).
Your use of the Website and services and tools are governed by the following terms and conditions (‘Terms & Conditions’) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, you shall be contracting with Continental and agreeing to these Terms & Conditions.
For the purpose of these Terms & Conditions, wherever the context so requires ‘you’ or ‘your’ or ‘user’ shall mean any natural or legal person who visits the Website.
As part of the registration process on the Website, Continental Greenbird may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, postal code, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information, and cookies information.
Services of the Website would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
License & website access
Continental Greenbird grants you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the website to access and make personal use of this Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Continental Greenbird. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Continental Greenbird. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of Continental Greenbird and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s or Continental Greenbird’s name or trademarks without the express written consent of Continental Greenbird. Any unauthorized use by you of the Website or any and/or all of the Website’s Content automatically terminates the limited licenses set forth without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Account & Registration Obligations
Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website, you may need to register an account with the Website. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify the Website immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the lawful authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Website or Content resulting from such access or use. You may cancel your online account with the Website at any time. To the extent permitted by applicable law, right is reserved to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if decided, that it would be in the Website’s best interest to do so.
All prices indicated for products are available via the Website at the current rates and are expressed in Indian Rupees.
Delivery charges and taxes, if any, are displayed to the customer prior to finalizing an order and shall be added to the price of the products and are indicated separately on the order page.
You Agree and Confirm
That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
You will provide authentic and true information in all instances where such information is requested of you. Continental Greenbird reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Continental Greenbird has the right in its sole discretion to reject the registration and debar you from using the services and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully.
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Intellectual Property Rights
Intellectual property, information and content available on the Website and its look and feel, including but not limited to domain, trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations, computer programs and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Continental Greenbird (or its parents, subsidiaries, affiliates, partners or licensors), and is protected by applicable laws, including laws governing copyrights and trademarks. The trademarks and trade dress available on the platform may not directly or indirectly be used in any manner for any purpose without express prior written consent.
Except for the limited licenses set forth herein, or as required under applicable law, neither the Content nor any portion of the Website may be directly or indirectly used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without express, prior written consent.
The intellectual property of others is respected. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to the designated agents mentioned below for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Website; (iii) your address, telephone number and email address.
The designated agent for notice for claims of copyright infringement is:
Name of Person: Ms. Anmol Gupta
Designation: In-house Counsel
Email address: firstname.lastname@example.org
Contact Number: +91 4023732455
Postal address: 7-1-24-2/D, Greendale, Ameerpet Rd,
Leelanagar, Begumpet, Hyderabad, Telangana 500016
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
The Website is in no way responsible for examining or evaluating User Content, and, to the fullest extent permitted under applicable law, disclaims any responsibility or liability for the User Content. The Website does not control the User Content transmitted or posted on the Website by you or others and therefore, it does not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Website by you or others. You understand that by using the Website, you may be exposed to User Content of others that is offensive, indecent or objectionable to you. Under no circumstances will the Website be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.
You acknowledge that the Website has the right (but not the obligation) to refuse to post or remove any User Content and the right is reserved to modify, change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, any User Content that violates these Terms and Conditions or is otherwise objectionable maybe removed and refuse service may be refused and/or accounts terminated without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Website please contact us and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with the Website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). Your deletion request may not be able to be processed if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Disclaimer of Warranties; Limitation of Liability
The Website, its content, the goods and services are presented “as is”. Neither the Website nor its parents, subsidiaries, affiliates, partners, sellers of products on the Website or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Website or any of the content.
You agree that, to the fullest extent permitted by applicable law, neither the Website nor its parents, subsidiaries, affiliates, partners, sellers of products on the Website or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond reasonable control. No representations or warranties are made that defects or errors will be corrected. To the extent permitted by applicable law, there are no warranties provided for the details, descriptions, images of products being totally accurate, complete, reliable, current, or error-free.
Further, to the fullest extent permitted by law, neither the Website nor its parents, subsidiaries, affiliates, partners, sellers of products on the Website or licensors will be liable for any indirect or consequential damages of any kind (including lost profits) related to the Website or your use thereof and in no event shall the maximum aggregate liability exceed INR 5,000.
You agree that no claims or action arising out of, or related to, the use of the Website or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with or are dissatisfied with the Website, termination of your use of the Website is your sole remedy and the Website shall have no other obligation, liability, or responsibility to you.
You agree to defend, indemnify and hold Continental Greenbird, its parents, subsidiaries, affiliates, partners, platform service provider, sellers of products on the Website, licensors, officers, directors, employees, representatives and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or the Website Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Website’s infrastructure.
Consent to Receive Notices Electronically by Posting on the Website and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) in relation to these Terms and Conditions electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that provided to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify your withdrawal of such consent by emailing and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, shall automatically terminate. Unfortunately, the benefits of this Website cannot be provided to any user that cannot consent to receipt of Notices electronically.
Governing Law and Jurisdiction
Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent courts in Hyderabad, Telangana, India. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of India.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement concerning your use of the Website and the purchase of the various products thereat, and supersede and govern all prior proposals, agreements, or other communications.
The right is reserved, to the extent permitted by applicable law, to change any of these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website. The effective date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Website thereafter constitutes your agreement to any and all such changed Terms and Conditions. Your right granted by these Terms and Conditions may, with or without prior notice, be terminated. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. The right is reserved, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise. Failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall a waiver of your breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
You may write to us for the above purpose or raise any grievance by sending an e-mail or written notice to the below.
Email address: email@example.com
Contact Number: +91 4023732455
Postal address: 7-1-24-2/D, Greendale, Ameerpet Rd,
Leelanagar, Begumpet, Hyderabad, Telangana 500016