TERMS OF USE
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At Orange Flow Mountains Food & Beverages LLP (the “Company”, “Orange Flow Mountians”, “us”, “we”, “our”), we provide our customers (“User(s)”, “you”, “your”) with [an online marketplace specializing in premium-quality tea crafted from natural herbs and other herbal products related to Food and Beverages] (“Services”), operated through our website available at [www.bloomsandleopard.com], which Services are directly linked or connected to your use of the Site.

We request the Users (“user”, “you”, “your”) to carefully go through these terms & conditions (“Terms of Use” or “Agreement” or “TOU” or “Terms”), which apply to your access to and use of the Site and Services, and constitute a legally binding agreement between you (personally and/or on behalf of an entity, as the case may be) and the Company. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use, along with the Privacy Policy and any other policies of the Company (the “Policies”), as modified and amended from time to time, govern all the products offered on the Site, and the Site is only to be used for your personal non-commercial use and information.

By clicking your consent (e.g., “Continue,” or “Sign-in”) and browsing/accessing the Site to avail our Services, you irrevocable and unconditionally agree to have read and understood, abide by and be bound by all these obligations as stipulated in this TOU. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

‍In case you do not agree to be bound by all or any of the terms and conditions captured in this TOU, you are requested to stop using the Site and its Services immediately. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the Site or such material.
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USING THE SITE

1) Who can use it?
The Site is intended for users who are at least eighteen (18) years of age. We have assumed that any users below the age of eighteen (18) accessing the Site and/Services is accompanied by a parent or a guardian who has read and agreed to these Terms of Use and we strongly recommend that Users below the age of eighteen (18) to be accompanied by a parent or a guardian at all times of accessing the Site/Services. Users who are at least eighteen (18) years of age may create an account if they wish to avail our Services. Any use of our Services by anyone under eighteen (18) years of age is expressly prohibited and by using our Services you represent and warrant that you are eighteen (18) years or older except under the guidance of their parents or guardians.
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2) USER REGISTRATION
In order to avail some or all of our Services and make purchases, you are required to create an account by registering with your e-mail account on the Site, which is protected through login information, including a username and a password, which is only known to you. At the time of registration, we shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details.  
You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. Should there be a log in to your account using such login credentials, it shall be deemed that your account has been accessed by you or any third-party to whom you have granted access to the account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for any account or have reasons to believe that the security of your account has been breached.
You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.

3) Privacy Policy
Our privacy practices are set forth in our Privacy Policy. By accessing the Site, you are deemed to have agree to and accepted our Privacy Policy, regardless of whether you are a registered User.

4) Closure of account
You may close your account at any time by going to account settings and disabling your account. If we have found a breach or suspected breach of the security of your account or if you violate any our policies (including these Terms) or for any other reason we may deem fit, we may require you to change your password, temporarily or permanently block or terminate/suspend your account without any liability to the Company.

5) Changes to the Site
We are always trying to improve your experience on the Site. We may need to add or change features and may do so with or without notice to you.


USER REPRESENTATIONS

‍By registering on the Site, you represent, warrant and agree that:
a) all registration information (wherever applicable) you submit will be true, accurate, current, and complete;
b) you will maintain the accuracy of such information and promptly update such registration information as necessary;
c) you have the legal capacity and you agree to comply with these Terms of Use;
d) you are not under the age of thirteen (13) and are accompanied by a parent or a guardian if you are below the age of eighteen (18); 
e) you are not barred from using the Services or accessing the Site under the laws of India or any other applicable jurisdiction;
f) you will not use the Site for any illegal or unauthorized purpose; and
g) your use of the Site will not violate any applicable law or these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

For personal information of any third-parties you collect and provide to us (“Third-Party Personal Information”), you represent, warrant and agree that:
a) all Third-Party Personal Information have been lawfully collected by you, and you have acquired all requisite consent to provide us such Third-Party Personal Information;
b) you are not barred from collecting such Third-Party Personal Information under the Law of India or any other applicable jurisdiction;
c) you have not collected such Third-Party Personal Information for any illegal or unauthorized purpose;
d) our use of such Third-Party Personal Information for the purpose of which you provided us such Third-Party Personal Information will not violate, misappropriate or infringe any rights (including intellectual property or data privacy rights) of such third-party, and will not cause us to violate any applicable laws.


USER RESTRICTIONS

‍The Company strictly restricts the use of the Site/Services in any manner which is inconsistent with any our terms and policies, as well as any applicable laws. A summary of such restrictions that all users should abide by is as follows:

a) You may not use the Site/Services for any purpose other than that for which the Site/Services are available. You cannot use it for any commercial endeavours;
b) You cannot systematically retrieve the data or other content from the Site without our permission;
c) You cannot make any unauthorized use of the Site and our Services, including your usernames and email addresses or usernames and email addresses of other users on the Site;
d) You cannot post any sexual or abusive content on the Site, including but not limited to pornographic material, sexually explicit language, or content that promotes violence or harassment towards other persons;
e) You cannot use the personal information of other users on the Site, collected by you from your use of the Site/Services, for any illegal or unauthorized purposes;
f) You cannot use the personal information of other users on the Site, collected by you from your use of the Site/Services for any commercial purposes, including but not limited to selling such personal information;
g) You cannot circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce imitations on the use of the Site and/or the content contained therein;
h) You cannot attempt to impersonate another user or person or use the username of another user;
i) You cannot harass, annoy, or threaten any of our employees or agents engaged in providing the portion of a Site to you;
j) You cannot adapt the Site’s software, or delete the copyright or other proprietary rights notice from the content;
k) You cannot disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/Services; and/or
l) You cannot use the Site in a manner inconsistent with any applicable laws or our policies.


THIRD-PARTY WEBSITES AND CONTENT

‍The Site may contain links of the other websites as well as the articles, photographs, torts, graphics, pictures, designs, music, videos, information, application, software or any other content belonging from the third parties (“Third-party Content”). Third-party Content is not investigated, monitored or checked for accuracy by us and we are not responsible for any Third-party Content accessed through our Site.If You decide to leave the Site and access the Third-Party Content or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern you. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Content and you shall hold us harmless from any harm caused by your purchase of such products or services. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
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User Content
‍The information, photo, image, chat communication, text, software, data, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:
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a) belongs to another person and to which the user does not have any right to;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Orange Flow shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Orange Flow does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Orange Flow. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Orange Flow 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 Site. You hereby waive all rights to any claims against Orange Flow for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Orange Flow has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, Orange Flow has the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and further reserves the right to refuse Service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.If you wish to delete your User Content on our Site, please contact us by email at support@bloomsandleopard.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.


INTELLECTUAL PROPERTY RIGHTS
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Orange Flow Mountains Food and Beverages LLP name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Orange Flow. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of any third party, are the intellectual property of their respective owners, and Orange Flow shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Orange Flow, its suppliers and licensors expressly and exclusively reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to Orange Flow’s or any third party’s intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Orange Flow and are protected by the Indian copyright laws and international treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply TIC’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.


LICENSE AND ACCESS

‍Orange Flows grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site, but not to download or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.

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 Site or of Orange Flow and/or its affiliates without the express written consent of Orange Flow. You may not use any meta tags or any other “hidden text” utilizing Orange Flow’s name or trademarks without the express written consent of Orange Flow. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the Services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.


LIMITATION OF LIABILITY
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To the maximum extent permitted by law, we and our managing members, employees, shareholders, affiliates, agents, and suppliers will not be liable for any indirect, special, incidental, consequential, or multiple damages, or any loss or profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) the conduct or content of other users or third parties on or through the Services; or (c) unauthorized access, use, or alteration of your content, even if we have been advised of the possibility of such damages. In no event will our liability for all claims relating to the Services exceed the greater of any amount towards subscription, if any, paid by you to Orange Flow.

You agree that no claims or action arising out of, or related to, the use of the Site or these Terms of Use may be brought by you more than 1 (One) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Site, termination of your use of the Site is your sole remedy. We have no other obligation, liability or responsibility to you.


TERMINATION

This Agreement is effective unless and until terminated by either you or Orange Flow. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Orange Flow may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Upon any termination of the Terms of Use by either you or Orange Flow, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the Agreement prior to the date of termination.

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MISCELLANEOUS
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1) Amendments
Orange Flow reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Orange Flow decides to change the Terms of Use or Policies, Orange Flow will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use and any other applicable Policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
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2) Governing Law and Jurisdiction
‍The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.

Without any prejudice to particulars listed in Clause 13 above, NYKAA shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai

3) Indemnification
You agree to defend, indemnify and hold harmless Orange Flow, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Orange Flow or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

4) Severability  
‍If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

5) Assignment
‍You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

6) No Joint Venture
‍You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Orange Flow, and you do not have any authority of any kind to bind us in any respect whatsoever.

7) Entire Agreement:
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  

Disclaimers: The Services are provided “AS IS” and “AS AVAILABLE” and to the extent permitted by law without warranties of any kind, either express or implied. While we attempt to provide a good user experience, we do not represent or warrant that: (a) the Site and Services will always be secure, error-free, or timely; (b) the Site and Services will always function without any delays, disruptions or imperfections; or (c) that any content, User Content, or information you obtain through the Site will be accurate.
Any content downloaded from or accessed through the Site is accessed at your own risk, and you shall be solely responsible for any damage to your property, resulting from accessing such content. No advice or information whether oral or written obtained from Orange Flow or through the Site will create any warranty not expressly made herein. We cannot guarantee continuous or secure access to the Site and operation of the Site may be interfered with by numerous factors outside our control.  


CONTACT US
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If you have any questions about this Agreement, the practices of Orange Flow, or your experience with the Service, you can e-mail us at support@bloomsandleopard.com