Terms & Conditions

ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE

Welcome to McGill Foods Pvt.Ltd. This page states the Terms and Conditions under which you may use this website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the website www.eatopiaworld.com
McGill Foods Pvt.Ltd reserves the right to change these Terms and Conditions at any time without notice and with immediate effect. Each visitor agrees to review the website regularly for changes in the Terms and Conditions. By using McGill Foods Pvt.Ltd, you are agreeing to be bound by these terms of service. 

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, constitute the entire agreement between you and McGill Foods Pvt.Ltd with respect to your use of the site, and they supersede all prior communications, proposals, and terms and conditions between you and McGill Foods Pvt.Ltd with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

In these Terms, references to “you”, “your” “User” shall mean the user accessing the Service. References to “We”, “Us”, “Our”, “McGill”, shall mean McGill Foods Pvt.Ltd.

DEFINITIONS

“Agreement” means the terms and conditions as detailed herein along with the privacy policy. It will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

” McGill Foods Pvt.Ltd “/ “website” means the online shopping platform and the services provided by it and its affiliates owned and operated by McGill Foods Pvt.Ltd.

“Product/s” means the goods, services promoted / displayed on the website and offered for any use / sale.

“Customer” / “buyer” shall mean the person or any legal entity who accepts the offer for sale on McGill Foods Pvt.Ltd by placing an order for and purchases any product offered for sale on this website.

“User” / “you” means and includes any person or any legal entity using or accessing the services provided on this website.

ONLINE SHOPPING

McGill Foods Pvt.Ltd expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on McGill Foods Pvt.Ltd

You further agree and undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

McGill Foods Pvt.Ltd is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.

McGill Foods Pvt.Ltd accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

All orders shall be pre-approved with an acceptable method of payment as established by McGill Foods Pvt.Ltd which may call for and require additional verification or information.

The address at which delivery of the product/s ordered by you is/are to be made should be correct and proper in all respects

After the receipt of payment from you, we shall arrange for the delivery of the product at the shipping address provided by you.

Any and all orders placed by you on this website are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in any way.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

All prices, unless indicated otherwise, are in Indian Rupees.

ELIGIBILITY AND REGISTRATION By registering as a User, you represent and warrant that all information you provide for registration (“Registration Data”) is complete and accurate.

The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

You may not create an Account for anyone other than yourself without the other person’s permission.

McGill Foods Pvt.Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Users of McGill Foods Pvt.Ltd are required to register. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s user ID and Password for any purpose whatsoever without proper authorization from such party.

User is responsible for the security of User’s password and for all transactions undertaken using User’s password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this website.  McGill Foods Pvt.Ltd will not be responsible for any financial loss or inconvenience resulting from misuse of user’s ID/password/credit card number/account details for using McGill Foods Pvt.Ltd.

The user also agrees and undertakes to immediately notify McGill Foods Pvt.Ltd of any unauthorized use of the user’s password or user ID and to ensure that the user logs off at the end of each session at the website.  McGill Foods Pvt.Ltd shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.

As a part of the registration process you agree to provide McGill Foods Pvt.Ltd with current, complete, and accurate information as prompted to do by the Service and to maintain and update this information as required keeping it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or  McGill Foods Pvt.Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,  McGill Foods Pvt.Ltd has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the website.

MODIFICATION OF THE TERMS

This site is created and controlled by McGill and reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of  McGill. Please check these Terms and any policies periodically for changes. Your continued use of the Site after the changes becoming effective constitutes the binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective upon the earlier of (a) your ongoing use of the Site with actual notice of the new terms or (b) days after we have first posted notice of the new terms on this page.

ACCEPTABLE USE

  1. The User shall not use the site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  2. The User shall not be permitted to resell or charge others for use of or access to the site, or in any other manner inconsistent with these Terms without the consent of the McGill Foods Pvt Ltd.
  3. The User shall  not use the site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. 
  4. The User shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the software without the express written consent of McGill.
  5. The User  shall not use the Site for illegal  activities or for the transmission of material that is unlawful, defamatory, harassing, invasive of another’s privacy, or contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.

CREDIT CARD DETAILS

You understand, agree and confirm that the credit card details provided by you for availing the services on McGill Foods Pvt.Ltd are correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to McGill Foods Pvt.Ltd

SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT

Notwithstanding other legal remedies that may be available to  McGill Foods Pvt.Ltd may in its sole discretion limit User activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if:

The user is in breach of any of the terms and conditions of this agreement and/or the terms and conditions of usage of McGill Foods Pvt.Ltd. The user has provided wrong, inaccurate, incomplete or incorrect information; your actions may cause any harm, damage or loss to the other Users or McGill Foods Pvt.Ltd

Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the  McGill Foods Pvt.Ltd site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

INDEMNITY

You agree to indemnify, defend, and hold harmless  McGill Foods Pvt. Ltd, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these Terms and Conditions.

This clause shall survive the expiry or termination of this Agreement.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCGILL FOODS PVT.LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES.

MCGILL FOODS PVT.LTD DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM MCGILL FOODS PVT.LTD OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCGILL FOODS PVT.LTD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. MCGILL FOODS PVT.LTD ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES PROVIDED THEREON.

LIMITATION ON LIABILITY.

In no event shall MCGILL FOODS PVT.LTD    be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from: 

  • your use or inability to use MCGILL Services or linked services, or the performance of the MCGILL Services or linked services, 
  • any action taken in connection with an investigation by MCGILL or law enforcement authorities regarding your access to or use of the MCGILL Services, 
  • any action taken in connection with copyright or other intellectual property owners or other rights owners,
  • any errors or omissions in the MCGILL  services’ technical operation, or 
  • We cannot predict when issues might arise with our Products. Any damage to a user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction, even if  MCGILL has been advised of the possibility of such damages. 

SALES TAXES

McGill Foods Pvt.Ltd shows the final price to the customer. Seller or the party selling goods on our website is to pay sales taxes in their own state as per product VAT Applicable.

RISK OF LOSS

The risk of loss and title for items purchased by you pass to you upon McGill Foods Pvt.Ltd delivery of the items to the carrier pursuant to McGill Foods Pvt.Ltd standard terms of sale.

FORCE MAJEURE

 McGill Foods Pvt.Ltd shall have no liability to you for any interruption or delay in access to the website irrespective of the cause.

SEVERABILITY

If any provision of this Agreement is unlawful, void or unenforceable, that provision deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the remainder of the provision is not affected, McGill Foods Pvt.Ltd reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.

ENTIRE AGREEMENT

These Terms of use make up the entire agreement between you and McGill Foods Pvt.Ltd regarding your use of our services and supersede any prior agreements.

WAIVER

Any failure by McGill Foods Pvt.Ltd to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by McGill Foods Pvt.Ltd of that provision or right.

ASSIGNMENT

The User cannot assign or otherwise transfer the obligations under the Terms, or any right granted hereunder to any third party. McGill Foods Pvt.Ltd’s rights under the Terms are freely transferable by them to any third parties in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without the requirement of seeking the User’s consent.

DISPUTES

Any controversy, allegation, or claim between you and McGill Foods Pvt.Ltd arising out of or relating to the McGill Foods Pvt.Ltd products or Services, this Agreement, or any Additional Terms, whether heretofore or hereafter arising are “Disputes”. References to ” McGill Foods Pvt.Ltd” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all beneficiaries of the McGill Foods Pvt.Ltd.

Notice: If you or McGill Foods Pvt.Ltd becomes aware of a Dispute, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. 

Your notice to us must be sent to: care@mcgillfoods.com . For a period of sixty (60) days from the date of receipt of notice from the other party, McGill Foods Pvt.Ltd and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or McGill Foods Pvt.Ltd to resolve the Dispute on terms with respect to which you and McGill Foods Pvt.Ltd, in each of our sole discretion, are not comfortable.

If we cannot resolve a Dispute within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration mechanism. 

JURISDICTION

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the Courts of Ernakulam, India. You also agree that the laws of India will govern these Terms and any claim, without regard to conflict of law provisions.

If you have any questions or concerns regarding this Agreement, please contact us at care@mcgillfoods.com

At McGill we always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

We reserve all rights not expressly granted to you.

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