TERMS OF USE
This agreement is between you the [“User” or “you”] and SRI LAKSHMI NARASHIMAR OVERSEAS LLC D.B.A BLISS TREE (Collectively, “BLISS TREE”, “we”, “our” and “us”.)
If you do not agree with all of the provisions of this agreement, you
cannot use the Services. To remove any doubt, in the event of any conflict
or discrepancy between these Terms and conditions and any other provisions
and/or terms and/or otherwise between BLISS TREE and you, the provisions and the terms of these Terms of Use will prevail.
Please feel free to contact us with any questions regarding the content of
this agreement.
Therefore, the use of www.bliss-tree.us and its related Mobile App, (“IOS and Android”), (c0llectively, “the website or site”) is subject to the following terms
and conditions. BLISS TREE
reserves the right to update the Terms and Conditions at any time without
notice to the user. The most current version of the Terms and Conditions
can be reviewed by clicking on the ‘Terms of service’ hypertext link
located at the bottom of our webpages.
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USAGE
You will use this site in a manner consistent with any, and all,
applicable laws, legislation, rules and regulations. If you violate any
restrictions in these terms, you agree to indemnify BLISS TREE for any losses, costs or damages, including reasonable legal fees,
incurred by BLISS TREE in relation to, or arising out of, such a breach.
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ABOUT BLISS TREE
SRI LAKSHMI NARASIMHAR OVERSEAS LLC is a corporation carrying on its business operations in 3001 Woodbridge
Ave, Edison, NJ 08837, the United States of America.
With our business activities, we promote a healthy life by providing
healthy, authentic and natural food products. We believe the food products
we choose have greater impact on our health, community and the
environment. That's why all our products are processed with traditional
methods and packed with no refining or adulteration to retain nature’s
nutrition for a safe and healthy living.
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APPLICABILITY
"These general terms and conditions (the "Conditions") apply to:
(a)
The use of any information, pictures, documents and/or other services
offered by BLISS TREE via (our “Website”);
(b)
The ordering, delivery & Shipping of natural food products on the
site.
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EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. BLISS TREE
hereby declares explicitly that it has no influence on the layout or
content of the linked pages and dissociates itself expressly from all
contents of all linked pages of third parties. BLISS TREE shall not be
liable for the use or content of Internet sites that link to this site or
which are linked from it. Our privacy and cookie notice
do not apply to any collection and processing of your personal data on or
through such external sites.
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INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only
and does not constitute advice. Even though BLISS TREE has composed its
Website with care, the information, texts, documents, graphics, and/or
other services/information on it may contain errors or be otherwise
incorrect or incomplete. BLISS TREE does not guarantee that the Website
and/or the information is free of errors, defects, malware and viruses or
that the Website and/or information is correct, up to date and
accurate.
To the maximum extent permitted under applicable law, BLISS TREE shall
not be liable for any damages resulting from the use or inability to use
of the Website, including damages caused by malware, viruses or any
incorrectness or incompleteness of such information or the Website, unless
such damage is the result of any wilful misconduct or from gross
negligence on the part of BLISS TREE.
BLISS TREE shall further not be liable for damages resulting from the use
of (or the inability to use) electronic means of communication with this
Website, including – but not limited to – damages resulting from failure
or delay in delivery of electronic communications, interception or
manipulation of electronic communications by third parties or by computer
programs used for electronic communications and transmission of
viruses.
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INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are
trademarks or trade names of BLISS TREE or third party trade mark or trade
name holders. You are not allowed to use or reproduce any such trademarks,
logo or trade names as this may constitute an infringement of the holder’s
rights.
The rights in the Website design, texts, documents, movies, music and/or
other services and the selection and arrangement thereof, and all software
compilations, underlying source codes, software and all other material on
this Website are owned by or licensed to BLISS TREE and/or its suppliers
and subcontractors.
You are only allowed to electronically copy and to print in hard copy
portions of the Website to the extent this is necessary for the purpose of
subscribing to any service with us, or for using the Website as a shopping
resource. You are not allowed to make any other use of the information and
materials on this Website, including reproduction for purposes other than
the one mentioned above, modification, distribution or republication.
Should you wish to use materials or information from this Website, you
need our prior written approval to do so.
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DATA PRIVACY
BLISS TREE
collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with BLISS TREE’s Privacy policy displayed
at the bottom of our webpage.
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UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether
consisting of texts, images, sounds, software, information or otherwise
(Materials) on this Website or send these to BLISS TREE by e-mail or
otherwise, you grant us an irrevocable, free of charge non-exclusive and
worldwide right to use, copy, adapt, modify, publish and/or commercially
exploit such Materials to the fullest extent in whatever form and via all
media known and to date unknown for the duration of the intellectual
property rights in the Materials and we shall not be bound by any
confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby
indemnify and hold BLISS TREE harmless from and against all actions,
claims and liabilities, suffered, incurred or sustained by us as a result
of the use and/or exploitation of the Materials infringing the
(intellectual property) rights of any third party or otherwise being
unlawful towards a third party.
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ACCOUNT.
You can access the site either as a guest or by registering an account
with us. In order to get your custom made product, you will be required to
create an account with us (“Account”), and you may be subject to
additional contractual terms and conditions applicable to such Services
(“Additional Terms”), which Additional Terms will be accessible to you on
the Website or presented to you as Additional Terms when you sign up for
or access such Services. Any such Additional Terms shall be incorporated
into and form a part of these Terms. Your Account is for your individual,
personal use only, and you may not authorize others to use your Account
for any purpose. In creating your Account, you certify that all
information you provide is complete and accurate. You agree to update your
information when required or requested, and you further agree not to use
another person’s account without permission. You are responsible for
maintaining the confidentiality of, and restricting access to, your
Account and password, and you agree to accept sole responsibility for all
activities that occur under your Account or password. You agree to contact
our customer service department immediately of any breach of security or unauthorized use of your
Account or any violation of these Terms by others of which you are aware.
You agree that we shall have no liability for any losses, damages,
liabilities or expenses you may incur due to any unauthorized use of your
Account, and you agree to indemnify us and hold us harmless for any such
unauthorized use. We reserve the right to create accounts for quality
control and administrative purposes. Such accounts may be publicly
viewable.
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PAYMENT, PRICING & SHIPPING
(a) Payment and billing information.
Payments for the purchase of any product can be done with the use of
CREDIT CARDS – AMEX, GPAY, APPLEPAY, OPAY, VISA and MASTERCARD. By
providing a credit card or other payment method that we accept, you
represent and warrant that you are authorized to use the designated
payment method and that you authorize us (or our third party payment
processor) to charge your payment method for all charges you incur for the
purchase of any Subscriptions or other Products (including any applicable
taxes and other charges) (each such purchase, an “Order”). You are
responsible for, and agree to pay, all such charges. If we or our third
party payment processor cannot obtain authorization for charges to your
payment method or if any amounts you authorize us to charge to your
payment method are reversed or charged back for any reason, we may, at our
option, in addition to any other remedies: cancel or suspend any
undelivered portion of your Orders, make second and/or subsequent attempts
to charge your payment method, and/or use any other lawful means to
collect payment on any outstanding amounts due to us. You will remain
responsible to pay all applicable charges for all Orders. You agree to
provide and keep current a valid payment method. However, your failure to
do so shall not constitute cancellation of any Order. In the event you
want to change or update payment information associated with your BLISS
TREE account, you can do so at any time by logging into your account and
editing your payment information.
(b)
Pricing and availability.
All prices shown via the Services are in United States Dollars. Any
applicable taxes and other charges, if any, are additional. We reserve the
right to change our Subscription and other Product offerings, and to
adjust prices as we may determine in our sole discretion, at any time and
without notice; provided, however, that if we change the amounts or other
charges associated with your then-current Subscription(s), we will provide
advance notice of such changes via one of the means described in this
terms and conditions. We will not, however, be able to notify you of
changes in any applicable taxes prior to such changes becoming effective.
The shipment of Products to you after our delivery of such notice will
confirm your acceptance of such changes, unless you cancel your
subscription(s) in accordance with the cancellation policy set forth in
these terms.
(c) Taxes.
We will collect applicable sales tax on Products shipped to the states
for which we determine we have a duty to collect sales tax. If an item is
subject to sales tax, you agree that the amount of taxes shown at checkout
may be adjusted. Several factors may cause this, such as variances between
processor programs and changes in tax rates.
(d)
Shipping and handling
You agree to pay any shipping and handling charges shown at the time you
make a purchase. We reserve the right to increase, decrease, add or
eliminate shipping and handling charges from time to time, but we will
provide notice of the charges applicable to you before you make your
purchase. We reserve the right to use any shipping couriers as needed.
Actual delivery dates may vary. You agree that you will not obtain, or
direct shipment of, a Product for export.
(e) Deliveries
You are responsible for inspecting all Products you receive from us for
any damage or other issues upon delivery. You should always inspect your
delivery to confirm that they arrive in a good condition and in the design
that you have provided us to build for you.
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ORDERING
Orders can be placed 24 hours a day, seven days a week via our website: www.bliss-tree.us. You will be notified via your registered email when your order is about
to be shipped to you, along with tracking information. There will be no
other contact to you unless it is initiated by the customer.
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PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon
or violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
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PRODUCTS OR SERVICES (if applicable)
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 Return
Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service
made on this site 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.
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YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and
shipping costs. This price will be recorded in the Order Confirmation. If
paying by credit card, the total amount for your entire order will be
reflected on your bank statement.
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PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices
may change from time to time, but changes will not affect any order which
we have confirmed in the Order Confirmation.
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DELIVERY
As a rule, delivery time is 2 to 5 working days after shipping the
order.
If the delivered products have obvious material or production defects,
including damage caused by transport, please notify us of such defects
immediately by email or phone. Not doing so will not affect your legal
rights.
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USER CONDUCT
You agree that you will not violate any law, contract, intellectual
property or other third party right or commit a tort, and that you are
solely responsible for your conduct, while accessing or using the Sites.
You agree that you will abide by these Terms and will not: Engage in any
harassing, threatening, intimidating, predatory or stalking conduct; Use
or attempt to use another user’s account without authorization from such
user and BLISS TREE; Use the Sites in any manner that could interfere
with, disrupt, negatively affect or inhibit other users from fully
enjoying the Sites or that could damage, disable, overburden or impair the
functioning of the Sites in any manner; Reverse engineer any aspect of the
Sites or do anything that might discover source code or bypass or
circumvent measures employed to prevent or limit access to any Content,
area or code of the Sites; Attempt to circumvent any content-filtering
techniques we employ or attempt to access any feature or area of the Sites
that you are not authorized to access; Develop any third party
applications that interact with the Sites without our prior written
consent; Use any robot, spider, crawler, scraper, script, browser
extension, offline reader or other automated means or interface not
authorized by us to access the Sites, extract data or otherwise interfere
with or modify the rendering of Site pages or functionality; Bypass or
ignore instructions contained in the robots.txt file, that controls all
automated access to the Sites; or Use the Sites for any illegal or
unauthorized purpose, or engage in, encourage or promote any activity that
violates these Terms.
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INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to
indemnify, defend and hold harmless BLISS TREE, and our respective past,
present and future employees, officers, directors, contractors,
consultants, equity holders, suppliers, vendors, service providers, parent
companies, subsidiaries, affiliates, agents, representatives,
predecessors, successors and assigns (individually and collectively, the
“BLISS TREE Parties”), from and against all actual or alleged BLISS TREE
Party or third party claims, damages, awards, judgments, losses,
liabilities, obligations, penalties, interest, fees, expenses (including,
without limitation, attorneys’ fees and expenses) and costs (including,
without limitation, court costs, costs of settlement and costs of pursuing
indemnification and insurance), of every kind and nature whatsoever,
whether known or unknown, foreseen or unforeseen, matured or unmatured, or
suspected or unsuspected, in law or equity, whether in tort, contract or
otherwise (collectively, “Claims”), including, but not limited to, damages
to property or personal injury, that are caused by, arise out of or are
related to (a) your use or misuse of the Sites, Content or Products, (b)
any Feedback you provide, (c) your violation of these Terms, (d) your
violation of the rights of another, (e) any third party’s use or misuse of
the Sites or Products provided to you and (f) any User Content you create,
post, share or store on or through the Sites or our pages or feeds on
third party social media platforms. You agree to promptly notify BLISS
TREE of any third-party Claims and cooperate with the BLISS TREE Parties
in defending such Claims. You further agree that the BLISS TREE Parties
shall have control of the defense or settlement of any third-party Claims.
This indemnity is in addition to, and not in lieu of, any other
indemnities set forth in a written agreement between you and BLISS
TREE.
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DISCLAIMERS.
Your access to and use of the Services and content provided on www.bliss-tree.us
are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an
"AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the
maximum extent permitted under applicable law, (BLISS TREE ENTITIES are
BLISS TREE founders, officers, directors, employees, agents,
representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
BLISS TREE make no warranty and disclaim all responsibility and liability
for: (i) the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any Content; (ii) any harm to your computer
system, loss of data, or other harm that results from your access to or
use of the Services or any Content; (iii) the deletion of, or the failure
to store or to transmit, any Content and other communications maintained
by the Services; and (iv) whether the Services will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. No
advice or information, whether oral or written, obtained from BLISS TREE
or through the Services, will create any warranty not expressly made
herein.
The Services may contain links to third-party websites or resources. You
acknowledge and agree that the BLISS TREE is not responsible or liable
for: (i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites
or resources. Links to such websites or resources do not imply any
endorsement by BLISS TREE of such websites or resources or the content,
products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your
use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLISS TREE SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR
INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS
OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT
OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION
OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF BLISS TREEEXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS
OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED
ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, AND WHETHER OR NOT BLISS TREEHAVE BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend
or stop providing access to the Sites (or any features or functionality of
the Sites) and the Products at any time without notice and without
obligation or liability to you. Reference to any products, services,
processes or other information by trade name, trademark, manufacturer,
supplier, and vendor or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by us. Some jurisdictions do not allow the disclaimer of
implied terms in contracts with consumers, so some or all of the
disclaimers in this Section may not apply to you.
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CHANGES
If BLISS TREE
decides to change these general terms and conditions, we will post the
changed terms and conditions on the Website. You are advised to regularly
check whether they have changed. Existing contracts will not be affected
by such changes.
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GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of
www.bliss-tree.us is hereby governed by, and constructed and enforced in
accordance with the laws of New Jersey, US. The competent courts in New
Jersey, US, shall have the exclusive jurisdiction to resolve any dispute
between you and BLISS TREE.