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Tomato Private Limited,
628/5, Udyog Vihar Phase V, Gurgaon, Haryana, India 122016
Terms & Conditions
ONLINE TERMS & CONDITIONS
The Terms and Conditions contained herein along form an Agreement regulating our relationship with regard to the use of “Sushi Junction Online” by you.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
"Agreement" means the Terms and Conditions (T&C) contained herein under the SUSHI JUNCTION ONLINE brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.
“Site” means the “Sushi Junction Online” owned and operated by Sushi Junction, a division of Tomato Private Limited, which provides a venue to the consumers of Sushi Junction Online to buy the products listed / displayed at Sushi Junction Online.
“Affiliate" being a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company.
“User/You” means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale by Sushi Junction Online by placing its order on this Site.
“Products” connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
This Website is only a venue where Users may meet and interact with us for their sale and purchase transactions. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the we have complete control and the same may be subject to change.
The agreement between you and Sushi Junction Online is subject to the following terms and conditions :-
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of Sushi Junction Online you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees and are exclusive of any applicable state or federal taxes
- By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
- In a credit card transaction, you must use your own credit card. Sushi Junction Online will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
- Payment gateway takes 24-48 hrs. to confirm the payment to check for fraudulent transactions. Order is processed immediately after it is placed online. Usually all orders are processed and sent within 30 minutes from the time of order confirmation. However, certain categories of products have different lead-times for delivery due to the nature of the product. SUSHI JUNCTION ONLINE shall not be liable for any delay / non-delivery of purchased goods in the event of flood, fire, wars, acts of God or any cause that is beyond the control of SUSHI JUNCTION ONLINE.
- Most of our products are made fresh using fresh ingredients after the order is placed. If it is produced by any other Manufacturer, it shall be subject to terms and conditions for warranty, service and maintenance of the Manufacturer, and Company does not accept any responsibility for the same. The Company also does not accept any responsibility for the usage of the Products by the User.
- SUSHI JUNCTION ONLINE shall have no liability for the defects in product received by the customer and the customer consents to agree to the terms of the return policy of the respective supplier in case of any defective products sold by such supplier to the customer.
- The User agrees to use the services provided by Sushi Junction Online, its affiliates, consultants and contracted companies, for lawful purposes only. Company may assign any or all of its rights under these Terms to its Affiliates without consent of the User.
- Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
- The User agrees to provide authentic and true information. Sushi Junction Online reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Sushi Junction Online has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.
- Partial delivery of product needs to be reported at the time of receiving the order.
- In the event of non-delivery of the products to the customers, Sushi Junction Online’s liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product.
- Sushi Junction Online’s liability to any claims will only be up to and limited to the cost of the product units in question
- Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account or will be paid through cheque.
- In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
- This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gurgaon shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Sushi Junction Online 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 arbitration shall be held in Gurgaon. The High Court of judicature at Chandigarh alone shall have the jurisdiction and the Laws of India shall apply.
- SUSHI JUNCTION ONLINE expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of SUSHI JUNCTION ONLINE or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to SUSHI JUNCTION ONLINE. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Sushi Junction Online. You may not modify, distribute or re-post anything on this website for any purpose.
- The Sushi Junction Online names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Sushi Junction Online. All other marks are the property of their respective companies. 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 name, logo or mark in any manner.
- All merchandise, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other merchandise that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable merchandise displayed on the Site for your personal 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. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of SUSHI JUNCTION ONLINE and its technology partners and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SUSHI JUNCTION ONLINE.
- You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, SUSHI JUNCTION ONLINE shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
- You agree to defend, indemnify and hold harmless SUSHI JUNCTION ONLINE, its employees, founders, directors, officers, agents and their successors and assigns 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 sushijunction.com but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement 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 this User Agreement.
- This User Agreement is effective unless and until terminated by either you or SUSHI JUNCTION ONLINE. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. SUSHI JUNCTION ONLINE may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to SUSHI JUNCTION ONLINE. Upon any termination of the User Agreement by either you or SUSHI JUNCTION ONLINE, 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 User Agreement or otherwise.
- All the information regarding the products listed is taken from the company’s website & company’s catalogue. Some specifications are subject to change without prior notice.
- Cash On Delivery (COD):
SUSHI JUNCTION ONLINE Cash On Delivery service enables buyers to pay for their goods worth up to Rs.20,000 on receiving the consignment. For orders more than Rs.20, 000, the buyers need to make an upfront payment of 50% and the remaining amount, on receiving the goods.
If by due diligence, we find that a user is misusing the COD service, we might disable the users id or charge a processing fee. SUSHI JUNCTION ONLINE may not be able to offer the Cash on Delivery (COD) payment service for a few products and for few locations.
- The user agrees to receive unlimited messages with regards to their transaction from Sushi Junction Online. This clause shall survive till the expiry or termination of this User Agreement.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy occasionally by updating this page. You should check this page from time to time to ensure that you accept any changes. This policy is effective from Oct 1, 2015.
We may collect the following information:
Name and job title, contact information including email address, demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information, which we think you may find interesting using the email address, which you have provided.
- Occasionally, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file, which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by us for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties, which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information, which we hold about you under the data protection act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to email@example.com
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Sushi Junction, a division of Tomato Private Limited
628/5, Udyog Vihar Phase V, Gurgaon, Haryana, India 122016