We built our website to share information about our company, our deliciously bubbly Kombucha, and to allow you to purchase our products for direct shipment to you. The following terms and conditions, together with any documents referred to in them (collectively, “Terms of Use”), apply to your use of this website.
These Terms of Use are a legal agreement between you and Ekkomohkombucha, so please read them carefully. Throughout these Terms of Use, “we”, “us”, and “our” refer to Ekkomohkombucha. We offer this website, including all information and services available from this website, to you, the user, conditioned upon your acceptance of these Terms of Use. Your use of this website constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use this website.
We may change these Terms of Use at our discretion without specific notice to you. We encourage you to check the last updated date at the bottom of these Terms of Use for any changes since your last visit. Your continued use of our website following the posting of such changes means that you accept and agree to the changes.
PRIVACY
We value your privacy. Please review our Privacy Policy accessible on our website to understand our privacy practices. All information you provide to us through this website is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.
INTELLECTUAL PROPERTY
This website includes logos, product names, service names, and other trademarks, including but not limited to “Toyo-kombucha(TM)”, the Ekkomohkombucha Logo, are trademarks of K95foods Private Limited or its licensors. Use of such trademarks requires prior written permission from K95foods Private Limited.
This website and all of its content, including, but not limited to, text, design, graphics, video, audio, and code, and the selection and arrangement thereof, are owned by K95foods Private Limited or its licensors, and are protected under the copyright laws of the India and other countries. You may access, copy, download, and print content from our website for your personal and non-commercial use, or for legitimate business purposes related to your role as a current or prospective customer, supplier or distributer of EkkomohKombucha, provided that you do not modify or delete any copyright or trademark notice that appears with such content. Any other use of content from this website, including, but not limited to, the modification, distribution, transmission, uploading, licensing, or the creation of derivative works, is expressly prohibited. K95foods Private Limited and its licensors retain their respective rights and ownership in the content provided on our website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in K95foods Private Limiteds discretion. K95foods Private Limiteds neither warrants nor represents that your use of
content from this website will not infringe rights of third-parties unaffiliated with K95foods Private Limiteds.
CONTENT YOU CONTRIBUTE
If you choose to submit content using our website, you grant K95foods Private Limiteds an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You further agree that any content you submit to our website will be considered non-confidential. In this regard, K95foods Private Limited is free to use any ideas or concepts that you provide via our website. You grant K95foods Private Limited in its discretion the right to use the name you provide in connection with any content you provide. You represent and warrant that the content you provide using our website is original to you, does not infringe on another party’s intellectual property rights, and that no other party has any rights thereto.
You understand and acknowledge that you are responsible for any content you submit to our website, and that you, not K95foods Private Limited, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content or opinions posted to this website, other than content provided by K95foods Private Limited, are solely the opinions and responsibility of the person or entity submitting them, and do not necessarily reflect the opinion of K95foods Private Limited. In this regard, we reserve the right to remove or refuse from our website any content you provide for any or no reason in our discretion.
RELIANCE ON WEBSITE INFORMATION
While we attempt to provide accurate and up to date information on our website, we make no warranties or representations as to the accuracy and completeness of such information, and we assume no liability or responsibility for any omissions or errors in the information on our website. If you find any inaccuracies with the information on our website, please let us know by emailing us at contact@toyokombucha.com .
Information provided on our website relating to nutrition and health is provided for informational purposes only, and is not intended to provide any nutritional or medical advice. While we try to ensure that the information on our website is accurate, you should always read labels, warnings and directions before using or consuming any of our products.
PROHIBITED USES
You must use our website only for the purposes expressly set forth on this website and in these Terms of Use. Any other use of our website is prohibited. If there is a conflict between any statement elsewhere on this website and any provision of these Terms of Use, the provision of these Terms of Use will apply.
By using our website, you agree not to: (a) use our website for any purpose that is unlawful; (b) use our website for any purpose that is not expressly
permitted by this website or these Terms of Use; (c) use this website in any manner that could damage, disable, overburden, or impair any computer system, server, or network; (d) use this website in any manner that interferes with any other person’s use of our website; or (e) attempt to gain unauthorized access to our website, other accounts, or any computer system, server, or network.
You must ensure that your use of our website complies with all applicable laws and regulations.
If you fail to abide by these Terms of Use in any way, we may prohibit you from using our website and/or your account.
LINKING TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. If linking to our homepage, you must not establish a link in such a way so as to suggest any form of association, approval, or endorsement on our part without our express written consent.
LINKS TO THIRD-PARTY WEBSITES OR RESOURCES
This website may link to other websites or resources owned or operated by third-parties. We have no control over the contents of such third-party websites or resources, and we therefore accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to our website, you do so entirely at your own risk and subject to the terms of use and privacy policies for such websites or resources.
PURCHASING PRODUCTS FROM OUR WEBSITE
You must be at least 18 years old to purchase products from our website. If you decide to set up an account on our website, you are exclusively responsible for the supervision, management, and control of your username and password. We reserve the right to refuse service, terminate your account, or cancel your order in our discretion, including without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
When purchasing products from our website, you will be asked to provide us with payment information including: (i) your credit card number, (ii) your name as it appears on your credit card, (iii) the credit card type, (iv) the date of expiration, and (v) the security code for the card. You represent, warrant, and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on our website, and to the extent your minor children make any such purchases, you represent and warrant that they are authorized to do so. In this regard, please report any unauthorized use of your payment information or your account to our customer service team, so we can help prevent future unauthorized use of
your payment information or account. Our customer service team can be contacted at thislifemattersindia@gmail.com
RISK OF LOSS AND SHIPMENT
The risk of loss and title for all products you purchase from our website passes to you upon our delivery to the shipping carrier. We reserve the right to limit the quantities of any products purchased from our website and to decline to ship any products outside the India.
RETURNS AND REFUNDS
Please visit our returns policy page.
DISCLAIMER OF WARRANTIES
If you download any content from our website, you do so at your own risk. You are responsible for any damage to your computer system or loss of data that results from the download of such content.
THIS WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE FROM THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
LIMITATION ON LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, K95FOODS PRIVATE LIMITED , AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND MEMBERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, PRODUCTS AVAILABLE ON THIS WEBSITE, ANY VIRUSES OR OTHER HARMFUL CODE AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, LOSS OF GOODWILL OR PROFITS, AND/OR LOST BUSINESS. IN ANY EVENT, K95FOODS PRIVATE LIMITED AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO K95FOODS PRIVATE LIMITED IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless K95foods Private Limited, its affiliates, licensors, service providers, employees, agents, officers and members, from and against any and all claims, damages, costs and expenses (including attorneys’ fees), arising from and relating to your violation of these Terms of Use or your use of this website.
GOVERNING LAW AND JURISDICTION
This Life Matters Pvt Ltd maintains and operates this website from its offices in Chandigarh India. Any dispute or claim arising from or related to these Terms of Use or this website will be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising from or related to these Terms of Use or our website will be instituted exclusively in the state court of Chandigarh India, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
Our failure to enforce any provision or right under these Terms of Use shall not be deemed a waiver of such provision or the right to enforce such provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use will continue in full force and effect.