Maxgrapesy.com (the “Primary Website”) and any other Indian websites that we may make available to customers from time to time (collectively, the “Other Websites,” together with the Primary Website, the “Websites”) are subject to these Terms of Use for all online visitors. Maxgrapesy.com (India) Private Limited, whose registered office is at, Mansarover Jaipur Rajasthan – 302023 The functions and purposes of our websites vary. We describe these differences on this page, so please read it carefully. If you have any questions regarding the Terms of Use, please contact us through the information provided towards the end of this document.
We also have a Privacy Policy that applies to our Websites, and may have other terms, legal notices and conditions applicable to various activities on our Websites, including our FAQs and terms and conditions that may apply to the purchase of goods or services and to related activities and to specific portions or features of a Website (e.g. loyalty programs, contests or promotions), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms of Use be a contractual agreement (“Terms”) between us and you.
By using, browsing, or otherwise accessing our websites, you accept and agree that you shall be contracting with us and these terms of use including the policies constitute your binding obligations with us. if you do not agree to the terms, do not use any of our websites.
Except as otherwise provided, the Terms are subject to change at any time with 7 days prior notice (for changes that are disadvantageous to the user, a 30 days’ notice) and your continued use of our Websites after any changes have been implemented constitutes acceptance by you of such changes.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter, access, and use our Websites.
- Eligibility
Use of our Websites is available only to persons who can form 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 are not eligible to use the Website.
If you are a minor i.e. under the age of 18 years, you should not use, access or transact on our Websites. As a minor if you wish to use or transact on our Websites, such use or transaction may be made by your legal guardian or parents. - Privacy Policy& Data Security
our Privacy Policy applies to the use of all of our Websites, and its terms are made a part of the Terms by this reference.
We store and process your Information including any ‘personal information’ or ‘sensitive personal data or information’ (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and Rules there under. To view our Privacy Policy, click here. If you object to your Information being transferred or used in this way please do not use our Websites.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Websites, to comply with our legal obligations, to enforce these Terms, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Websites.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure by using any of our websites. You understand that any message or information you send to a Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we maintain security measures in accordance with applicable data protection regulations and industry practices to protect the personal data you provide to us against accidental, unlawful or unauthorized use or disclosure. - Ownership of Websites, Content and Trademarks
Text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials on our websites—collectively, the “Content”—as well as the copyrights, trademarks, trade names, service marks, logos, trade dress, and/or other intellectual property rights in such materials are all the property of us, our associated businesses, or our licensors, unless otherwise agreed upon in writing. The Websites and Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Websites for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You shall not, either yourself or assist any person to, reproduce (except as noted above), publish, upload, transmit, encode, distribute, mirror, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Websites in connection with any public, business or commercial purpose. Any such use shall be deemed to be a violation of our intellectual property and proprietary rights. Any use for which you receive any remuneration, whether in money or otherwise, shall be considered commercial use for the purposes of this clause.
Certain trademarks, trade names, service marks and logos used or displayed on our Websites are registered and unregistered trademarks, trade names and service marks of us and our associated entities. Other trademarks, trade names and service marks used or displayed on our Websites are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website. Any use of such materials without our express written permission is strictly prohibited. - Your Use of Our Websites
a) All of Our Websites
You accept, agree and confirm that you shall use our Websites only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.
You agree that you shall not use any “deep-link”, “robot”, “page-scrape”, “spider”, or other automatic or manual device or process, software, program, code, algorithm or methodology, to access, acquire, copy or monitor any portion of any of our Websites or Content, or in any way reproduce or circumvent the navigational structure or presentation of any of our Websites or Content, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us through the Websites. We reserve the right to take measures to prevent any such activity. You agree not to resell access to or use of the Websites to third parties. You agree that you shall not gain or attempt to gain unauthorized access to any portion or feature of any of our Websites, or any other systems or networks connected to the Websites or to any of our business partners’ servers, systems or networks, or to any of the services offered on or through our Websites, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree not to breach the security or authentication measures on any of our websites or any network connected to any of our websites, nor shall you probe, scan, or test the vulnerability of any of our websites or any network connected to the websites. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to any of our Websites, or any other customer of ours, including any shopping account or members’ program account that is not held or owned by you, in any way where the purpose is to discover materials or information, including but not limited to personal information, personally identifiable information (“PII”) or other information that reasonably could be used to connect non-PII to PII.
You agree not to put an unreasonable or disproportionate amount of load on the infrastructure of the Websites, our systems or networks, or any systems or networks connected to the Websites or us in an effort to overwhelm our systems and launch a “Denial of Service” or similar attack. You agree that you shall not use or exploit the data that is available on any of our Websites for commercial purposes, including any web scraping activities to obtain information (such as price information).
You agree that you shall not use any device, technology, software, routine or method to interfere or attempt to interfere with the proper functioning or features of any of our Websites or any transaction occurring on any of the Websites, or with any other person’s use of any of the Websites.
You agree that you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through any of our Websites or any service offered on or through the Websites. Rules for User-Generated Content You must comply with the rules governing User-Generated Content (“User-Generated Content Rules”) set forth in this section 6. If you become aware of any violation of the User-Generated Content Rules or other unacceptable behavior by any user, you should report such activity to us by contacting us here.
If you post information on any of our Websites, you are solely responsible for each User-Generated Content that you post on any Websites or transmit to other users and agree that you will not hold us responsible or liable for any User-Generated Content from another user that you access on any Websites.
Categories of prohibited User-Generated Content are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User-Generated Content. Without limitation, you must not post or transmit to other users anything that you know or reasonably believe:
is defamatory, abusive, obscene, pornographic, profane, offensive or unethical; or
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on, or transmit to others through, a Website), including any party’s right of publicity or right of privacy; or
violates or encourages violations of any law, statute, ordinance, or regulation, which could lead to civil liability or include but are not limited to export control, consumer protection, unfair competition, anti-discrimination, or false advertising laws. is threatening, harassing, unethical or that promotes racism, bigotry or hatred of any kind against any group or individual; or
encourages or promotes violence against another person or property damage or destruction; or is inaccurate, fraudulent, false or misleading in any way; or
is illegal or promotes any illegal activities; or
encourages the unauthorized or illegal copying of another person’s copyrighted work, as well as providing links to those works or information to circumvent security measures; or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or limit access to our Websites; or
contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or
contains or makes available instructional material about illegal activities like making or buying illegal weapons, invading someone’s privacy, providing or making computer viruses, or harm minors in any way; or
contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
contains material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal; or
provides unauthorized access or exceeds the scope of authorized access to our Websites or to profiles, account information or other areas of our Websites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
interferes with another user’s use and enjoyment of our Websites; or
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
When using our Websites, you may be exposed to User-Generated Content from a variety of sources. We are not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Websites and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Websites, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using our Websites you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Websites. - Copyright and Trademark Rules
We expect all users of our websites to adhere to copyright and related laws because we are committed to doing so. Accordingly, you must not post or store any material or content on, or disseminate any material or content over, any Websites in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You must not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property rights owner or their legal agent. - Infringement Notification
If you believe that your work has been copied and posted on any of our Websites in a way that constitutes copyright infringement, please provide our designated agent (details below) with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on a Website;
your address, telephone number, and, if possible, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statutory declaration or other statement made by declaration or under oath by you that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The foregoing information should be sent to: - Accounts, Passwords and Security
Certain features or services offered on or through our Websites may require you to open an account (including setting up an Account ID and password) and to share personally identifiable information (PII). Apart from the representations made in our Privacy Policy (see Section 2, above) regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account. If any of the information provided to us as part of the account opening or registration process changes, you must promptly change your account details online.
You must notify us immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you are solely liable for the actions of, and any losses incurred by us or any third party due to, someone else using your Account ID, password or account.
Without the explicit permission and consent of the account holder, you are not permitted to use anyone else’s Account ID, password, or account at any time. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. - Online Products and Sales
a) Your Account
You do not need to have an account to place an order on our Primary Website. However, if you have an account on our Primary Website, you may enjoy a better shopping experience through the benefits an account offers, such as being able to view your purchase history and save your contact and shipping information.
b) Ordering of Products
You may purchase products by selecting and submitting an order on our Primary Website in accordance with these Terms.
Any order that we receive from you in relation to a product on our Primary Website is treated as an offer by you (either to us, or the third party provider, as the case may be). It is an offer made by you to purchase the product for the price listed (inclusive of any fees and charges). On these terms, the offer is made at the same time as the order is placed. We may require additional information from you to process any orders. Where we do request such information, you must provide accurate, complete and up to date information so that we can confirm the details of the order.
We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
You confirm that the product(s) ordered by you are being purchased for your internal / personal purpose and not for re-sale or business purposes. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the product(s) ordered by you on our Primary Website.
c) Acceptance of an Order
In the following situations, the order is accepted: we confirm that the product(s) Governing Law; Severability; Waiver; Dispute Resolution; Force Majeure; Assignment - It is your responsibility to ascertain and obey all applicable local, state, and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of our Websites. The laws of India will be used to resolve any dispute that may arise from or relate to the use of any of our websites. We and you both agree to submit to the exclusive jurisdiction of the Indian courts in Bangalore. Any provision of the Terms that a court of competent jurisdiction finds to be invalid or unenforceable for any reason shall be null and void, but shall not affect any other provision of the Terms. Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms are cumulative, and our ability to use any one of them does not prevent us from using other rights and remedies. Any claim arising out of, or relating to, the Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. You shall not seek recovery or damages other than for the amount you paid to purchase the product related to your claim. In the event of any controversy or dispute between us and you arising out of or in connection with your use of our Websites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts at Bangalore, India. A party shall not breach these Terms and is not liable to the other party for a delay or failure to perform an obligation resulting from events or circumstances beyond a party’s reasonable control, including acts of God, war, flood, fire, storm, explosion, civil disobedience, tempest, theft, vandalism, riots, terrorist actions, wars, interruption to telecommunications systems, network failure or the act or omission of any third party (other than contractors or subcontractors) over which the party has no control, but does not include an obligation to pay monies. These Terms prohibit you from assigning, delegating, or otherwise dealing with any or all of your rights or responsibilities. We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.