PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
- Official Agreement
By using the Platform, you constitute your complete agreement and understanding of the Terms of Use listed herein. No hand affixing signatures are required for agreement; simply the use of our Platform automatically binds you to these terms and all the terms above. If you do not agree with any part of this agreement, you must cease use of our website, mobile app and our social media accounts immediately, as required by law. Updates to this agreement does not void any User’s agreement to these terms; their agreement to these Terms are transferred over from the outdated document to the new modified agreement. This is set in place to assure all Platform User’s agree with the terms listed herein and the User may browse or view at their own risk – it is their duty and complete responsibility to check back to these terms regularly for changes made. - Copyright
The entire content published on the Platform, including but not limited to website design, text, lay-out, photos, films, graphics, code and any other elements of the Platform pages, and the selection and arrangement thereof, are the sole and exclusive property and copyright of TICL. Permission is granted to electronically copy and print hard copy portions of this Platform for the sole purpose of executing arrangements in a specific agreement with TICL. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of the Platform for personal, public or commercial purposes is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Platform. Any downloading or otherwise copying from the Platform will not transfer title to any right, software or material to you. Any infringement will be pursued by appropriate legal action. - Disclaimer
TICL is providing the Platform “as is” and makes no representations or warranties of any kind, express or implied, with respect to the accuracy or comprehensiveness of the Platform or its contents and assumes no responsibility for errors, omissions or possible obsolescence, including for latent/hidden defects.
In particular but without limitation, TICL makes no representations or warranties that:
a.) the information on the Platform is merchantable or fit for a particular purpose;
b.) the information on the Platform is accurate, complete or current;
c.) you will be able to use the Platform, that the Platform or its content will be uninterrupted or error-free or that it will continue to be made available in its current or any other form;
d.) the information published on the Platform is by no means to be considered as medical advice;
e.) the Platform or any software or material of whatsoever nature available on or downloaded from it will be free from viruses or defects (including hidden/ latent defects) and compatible with your equipment.
It is your responsibility to:
f.) use anti-virus software on any software or other material that you may download from the Platform and to ensure compatibility of such software or material with your equipment
g.) check any content or information published on the Platform to be accurate or complete
The Platform may contain links to third-party websites. TICL is not responsible for the editorial content of any other website you may link to from the Platform; the content of such site is developed and provided by others; you should contact the site administrator or webmaster for those sites if you have any concerns regarding such links or any content located on such sites. All reliance on the material on the Platform is at your own risk. - Intellectual Property Ownership
The content or other materials on the Platform including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by TICL and its licensors with all rights reserved. Assume that everything you see or read on the Platform is protected by copyright and owned by TICL unless otherwise noted, and may not be used except as expressly provided in these Terms without TICL’s prior written permission. TICL does not warrant or represent that your use of Content displayed on the Platform will not infringe the rights of third parties not owned by or affiliated with TICL. You are permitted to use the Content only as expressly authorized by TICL. Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. - No Unauthorized Use of Images
Images of people, recipes or places displayed on the Platform are either the property of, or used with permission by, TICL. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. - Trademarks
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Platform are registered and unregistered Trademarks used by TICL, or other third parties. All other trademarks not owned by TICL or its subsidiaries that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TICL or its subsidiaries. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without the written permission of TICL or such third party that may own the Trademarks displayed on the Platform. Your use of the Trademarks or any other content on the Platform is strictly prohibited, except as specifically authorized in these Terms and must not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PachaMama Foods and TICL. You are advised that TICL will aggressively enforce its intellectual property rights to the fullest extent of the law, including, when appropriate in its discretion, the seeking of criminal prosecution. - Changes to Terms
We reserve the right to make changes to these Terms of Use at any time without notice to you; should those changes be required for a successful technological and legal operation of the Platform. You should check these Terms of Use regularly for such changes. - Changes to Products and Prices
Prices, specifications, and the availability of products are subject to change without notice. Any error, whether photographic or typographical is subject to correction. TICL reserves the right at our discretion to make changes to prices, policies and procedures. Please check this page periodically for changes. -
Payment Terms
All payment is 100% upfront before even the order is processed. All bank transfer charges or other transfer charges must be borne by the customer to ensure that the amount agreed upon is received in full. Any fraudulent purchases will be prosecuted to the fullest extent of the law.Once payment is made there are no cancellations of orders.
- Limitation of Liability
TICL does not accept liability beyond the remedies set forth herein, including but not limited to any liability for products not being available for use, or the provision of services and support. In no event shall TICL, its owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or by any third party use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. This limitation of liability applies both to products, services, and support. Customer agrees that for any liability related to the purchase of products or services, TICL, its owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not liable or responsible for any amount of damages above the aggregate amount paid by customer for the purchase(s) of products or services under this agreement. - Indemnification
You agree to indemnify, defend and hold harmless TICL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. - Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the services rendered constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
- Governing law
These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Nigeria and you irrevocably submit to the exclusive jurisdiction of the courts of Nigeria. -
Submissions and Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TICL reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. We have the right to refuse negative reviews that may harm or otherwise impact our marketing and/or brand name.If you do post content or submit material, and unless we indicate otherwise, you grant TICL and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TICL and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify TICL, its owners and its associates for all claims resulting from content you supply. TICL has the right but not the obligation to monitor and edit or remove any activity or content. TICL takes no responsibility and assumes no liability for any content posted by you or any third party. Customer photos become the rights of TICL and may be used outside of our Platform on the internet, mobile app and social media accounts, only to promote PachaMama Foods. Photos will not be altered or enhanced in any way. Photos will not appear on any other Platforms which are not related to PachaMama Foods marketing or PachaMama Foods.
With the exception of your personal information, any communication or material you send to the Platform, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Platform may be used by TICL for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to TICL you irrevocably transfer and assign to TICL, and forever waive and agree never to assert, any copyrights, “moral” rights, rights of publicity or to privacy, or other intellectual-property or proprietary rights that you may have in such material. TICL is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Platform for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such information.
- Events outside our control
We shall not be in breach of these Terms of Use nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control. -
Nutritional Information
We have produced nutritional information on the Platform for the general information of the public. It contains information gathered from various sources and, although we believe it to be accurate at the time of publication, we accept no responsibility for, and make no representation nor give any warranty or undertaking express of implied as to the accuracy or completeness of the information.All content on the Platform, including any recipe recommendations, is for information only and does not constitute nutritional or health advice. If you have any health concerns or wish to obtain advice regarding a healthy or calorie controlled diet you should see an appropriate health professional.
- Resolving Your Concerns
If you have any concerns with, or do not understand our Terms of Use, Contact us immediately before using our Platform. We will make every effort to address and resolve your concerns.
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