Terms and Conditions
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF THE COMPANY CAREFULLY.
OTG FOOD PVT LTD is the owner of website namely LIV-LIF.COM.
The Company respects your privacy, and seeks to comply with applicable legal requirements under the Information Technology laws and Rules in respect of data collection, processing and transfer. These Website Terms and Conditions are in addition to but not
limited to the Privacy policy and Terms and Conditions of Liv-Lif (as visible on the page Privacy policy).
These terms and conditions are applicable to the visitors, purchaser of Products and customers, clients.
Company and/or its affiliates provide website features and other products and services to you when you visit our cafes or online shops to use our products or services.
Company provides the services subject to the following terms and conditions.
By using Products or Services through this website you willfully out of free will
unconditionally agree to the below stated conditions.
PRIVACY: Please review our Privacy Policy, which also governs use of all your information
(whether personal or public).
ELECTRONIC COMMUNICATIONS: When you use any of the Company’s service in any
manner, or send e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically.
We will communicate with you by e-mail / text message. You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in writing.
provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT: All content included in or made available through any of the availed service, such
as text, graphics, logos, button icons, images, audio clips and data compilations is the property of
the Company or its content suppliers and shall be protected and governed by laws of the land in
India.
All unwarranted copies of content are strictly prohibited and illegal.
TRADEMARKS: In addition, graphics, logos, page headers, button icons, scripts, and service
names included in or made available through any service are trademarks or service mark of the
Company or it’s affiliates or it’s content suppliers but you by availing of the services do not get any
right for copying or using the same.
Notice of Infringement: If you believe in good faith that content you own has been reproduced on
the Services in a way that constitutes copyright infringement, please provide our designated agent
with the following information in writing: An electronic or physical signature of the person
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the allegedly infringing material and information reasonably sufficient to permit us
to locate the material; Your name, address, telephone number, and email address, so that we may
contact you if necessary; A statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
LICENSE and SITE ACCESS:
Company grants you a limited sub-license to access and make personal use of this site and/ or app
and not to download (other than page caching) or modify it, or any portion of it, except with prior
express written consent of Company. This license does not include any resale or commercial use of
this site and/ or app or its contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without
prior 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 app or of the Company and its affiliates without express written consent. You
may not use any meta tags or any other assets utilizing the Site’s or Company’s name or
trademarks without the prior express written consent of the Company. Any unauthorized use
forthwith terminates the permission or license granted by the Company.
YOUR LOGIN ACCOUNT:
If you register yourself with the portal, website, app, etc., the terms and conditions based on the
Programme chosen by you shall be applicable.
You are responsible for maintaining the confidentiality of your account information and password and for
restricting access to your computer. You agree to accept responsibility of authenticity of the
information and for all activities that occur under your account or password. However, The
Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion with no damage or demure payable to you.
You agree to and/or ensure that You will/are:
1. Immediately notify the Company of any unauthorized use of your account or any other
breach of security, and
2. Use the services provided by the Site, App, its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and regulations
while using and transacting on the Site.
3. Exit from your account at the end of each session. Company cannot and will not be liable
for any loss or damage arising from your failure to comply with this requirement. You
agree that if you provide any information that is untrue, inaccurate, not current or
incomplete or the Company has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the Website Terms
and Conditions, Company has the right to indefinitely suspend or terminate or block access
of your membership with the Company and refuse to provide you with access to the
website.
4. Accessing the services available on this Site and transacting at your sole risk and are using
your best and prudent judgment before entering into any transaction through this Site
If you are a non registered user you agree that upon reviewing the order at the website or App a user
account will be auto created for you and the access to the same will be communicated to your email
address provided.
RISK OF LOSS: All items purchased through electronic mode through this website or app are made
pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier (shipping partner) for dispatch.
LINKS AND THIRD PARTY CONTENT:
The Services may contain links to other websites, app or online services that are not under the
control of the Company. Such links do not constitute an endorsement by the Company of those
other websites or online services, the content they display, or people associated with them. The
Terms do not apply to such other websites and online services, and such websites and online
services are not part of the Services of the Company. We encourage you to review the privacy
policies and terms of use of these other websites or services.
We may incorporate third party services, software, technology, data, and/or other content, either
independently or in connection with various programs, features, or functions available through the
Services. Your use of third-party materials may be subject to terms of use other than these Terms
and as may be set forth by third party providers, as applicable. You agree that the Company
assumes no liability with respect to your use of such third-party materials, whether you are aware of
their use or not and whether or not the use of such materials is recommended by the Company.
You may link to our Services provided that you do so in a way that is fair and legal and does not
damage our reputation or takes advantage of it. You must not establish a link in such a way as to
suggest or imply any form of association, approval, or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
USER CONDUCT AND RULES: You agree and undertake to use the website strictly abiding by
the following principles:
1. You will not upload, publish, host, transmit, display, modify, update or share any
information that, in the sole discretion of Company; is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or
otherwise unlawful in any manner whatsoever;
2. Involves an illegal or unauthorized use of copyrighted work;
3. Is not belonging to you or to which you have no rights;
4. Gaining unauthorized access to other computer systems;
5. Refers to any website or URL that contains material that is inappropriate for Company;
6. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
7.You will not promote or try to gain unauthorized access or exceed the scope of authorized
access to the Company and its connected network;
8. You will not interfere with another users use of the Company Website, app;
9. You will not violate any law currently in force in India or outside;
10. You will not attempt or otherwise impersonate another person during the use of the
Company website, app;
11. You will not engage in or forward chain letters, surveys, contests, pyramid schemes with
any association to the Company
12. You will not use any automatic device, program, or methodology including but not limited
to “deep- link”, “page-scrape”, “robot”, “spider” or other such means, or any similar
manual process, to access, acquire or copy any portion of the Company website, app or
any content within
13. You will not attempt to gain unauthorized access to any portion or feature of the Company
website. app, or any other systems or networks connected to Company Website, app
14. You will not use the website or any content for any purpose that is unlawful or prohibited
by these Terms of Use
15. You will not violate any of the terms and conditions of this agreement or any other terms
and conditions contained elsewhere within the Company.
16. You will indemnify, defend and hold harmless the Company and its owner, licensee,
affiliates, and their respective officers, directors and employees from and against any and
all liabilities, claims, costs and damages, (including legal fees and disbursements in
connection therewith and interest chargeable thereon) which result from any breach of
this Website/App Terms and Conditions and other policies, or your violation of any law,
rules or regulations or the rights of a third party.
USING THE WEBSITE/APP:
1. Products and services displayed on the Website/app do not constitute an offer to sell.
Orders placed by you are offers to purchase particular product under these Website/APP
Terms and Conditions at the price specified (including delivery and other charges).
2. We reserve the right to accept or reject your offer for any reason (or no reason) including,
but not limited to, the unavailability of any product, an error in the price or product
description, or an error in your order. In the event that we cancel your order, we will
provide a full refund of any payment received.
3. Use of the Website/App is strictly available only to persons who can form legally binding
contracts under Indian Contract Act, 1872.
4. You agree not to access the Website/App through any other interface than provided by us
to you.
5. You agree that your use of the Website/App is a limited license granted by us. We reserves
a right to discontinue your account without providing you any reason thereof.
6. You agree that you are solely responsible for your account details and to keep your
password secure. If you suspect any misuse through your account, you are required to
inform us in writing immediately.
PRICES:
Prices declared on the Website/app are time to time inclusive or exclusive of taxes. Please verify the total payable
amount during checkout before placing the order.
Our prices are liable to change anytime without notifying you. You shall be responsible for full payment of the order received by you.
All charges payable shall be displayed on the Website/app, no extra charges would be applicable for these services.
PAYMENT:
You are allowed to choose between various payments options while placing an order on the
Website/App. You agree to use your own debit/credit card or bank details for transaction. We
would not be responsible for misuse of your card if all the security checks are verified. You agree
that the methods of payment may be updated from time to time on the Website. You agree to review
the same and use our Website and suitable payment option accordingly.
CANCELLATION AND CHANGES:
Please note that all orders shall be considered confirmed unless you cancel the order
before it is dispatched to you. You need to call us in order to cancel your order or to
change your order before its dispatch. There are no cancellation charges if you cancel
your order in the given timelines. All the communications will be shared with you on
your registered mobile number or email id.
Products once set for delivery are not subject to refund . However, if you are not satisfied with the
product we replace it with the following conditions:
a) Product should be shipped back, on your own, within 15 days after delivered, to the address provided
b) Purchase invoice must be enclosed with product.
12. USE OF THE COOKIES OR ALIKE TECHNOLOGIES
New technologies are emerging on the Internet that help us deliver customized Visitor
experience at the Outlets. Company may use such new technologies, including cookies or
other technologies, to remember your information when you use the Website/app. The
Company may use such technologies for tracking activity on the Website/app, preparing
reports, assessing trends, and otherwise monitoring the way in which the Website/app is
being used. By accepting the Terms and Conditions, you hereby confirm and give Your
consent to the Company’s use of cookies, and other such technologies, for these purposes.
If you do not wish to receive cookies, you may configure your Internet browser to erase all
cookies from your computers hard drive, block all cookies or to receive a warning before a
cookie is stored. Additionally, you may encounter cookies; or other similar devices on
certain pages of the Website that are placed by third parties. Further, You may also notify
the Company in writing in a manner as specified herein and choose not to use the
App/Website.
DISCLOSURE TERMS OF THE INFORMATION
The Disclosure policy of the Company under this Terms and Conditions is in compliance with rule
6 of the IT Rules 2011. The Company may disclose Information to the third parties solely for the
purpose to provide you access to our Products and Services, to comply with our legal obligations, to
enforce our Agreement, or to prevent, detect, mitigate, and investigate fraudulent or illegal
activities related to our Services. The Company may disclose your limited Information to its third
parties for their marketing and advertising purposes and for providing better services as per the
terms and conditions mentioned herein.
The Company may take reasonable steps to and strive to ensure that these third parties are
obligated to protect the Information in the same manner as contemplated herein. The Company may
disclose Information if required to do so by law or in the good faith belief that such disclosure is
reasonably necessary to respond to summons from the Courts of Competent Jurisdictions, orders of
any Court, or other legal process. The Company may disclose Information to law enforcement
agencies, third party rights owners in the good faith belief that such disclosure is reasonably
necessary for the enforcement of our Terms and Conditions or Privacy Policy. The Company may
disclose the information to protect the rights, property or personal safety of our users or the general
public. The Company may, however, disclose your Information under the following circumstances-
To respond to order of the Court, or legal process, or to establish or exercise our legal rights or
defend against legal claims; or If the Company believes it is necessary to share information in order
to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety of any person, violations of our terms of use, or as
otherwise required by law.
RISK WARNING AND LIABILITY PROVISIONS
We do not represent or warrant that the Liv Lif face login service or OTP registration services will
be accessible at all times, or function with any electronic equipment, software, infrastructure or
other online services that we may offer from time to time.
Unless a law prohibits us from excluding or limiting our liability, we are not liable for any loss you
incur in connection with the use or attempted use of the Liv Lif Facial recognitions Login service,
or your instructions, or any unauthorized transactions through or in connection with the Liv Lif
Account.
You agree to undertake any claims, legal procedures, legal liabilities, loses, damages arising from
our actions in accordance with your orders or notices and all expenses (including all legal costs)
which are of reasonable amount whatsoever and howsoever caused that may arise to be reasonably
incurred by us in providing Liv Lif Face Login service to you and you promise to indemnify us,
upon our request, for the losses and expenses that we have suffered.
You should not use face authentication module if you are an adolescence while your facial features
may be undergoing a rapid stage of development, in which case you are recommended to use the
Liv Lif OTP features to log into the Liv Lif Account;
You should not take any action to disable any function provided by, and/or agreeing to any settings
that would otherwise compromise the security of the use of your login credentials for authentication
purposes.
LIV LIF PROPRIETARY RIGHTS
Except for your User Content and the User Content belonging to other Users, the Service and all
materials therein or transferred thereby, including, without limitation, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio,
videos, music, and all information gathered through the Service (the Company Content;), and all
Intellectual Property Rights related thereto, are the exclusive property of Company. Except as
explicitly provided herein, nothing in these Terms and conditions shall be deemed to create a
license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from any Company Content. Use of the Company Content for any
purpose not expressly permitted by these Terms and conditions is strictly prohibited and may entail
legal proceedings.
You acknowledge that you do not own the account you use to access the Service, nor do you
possess any rights of access or rights to any data stored by or on behalf of Company servers,
including without limitation any data representing or embodying the Company Content. You agree
that Company has the absolute right to manage, regulate, control, modify and eliminate the
Company Content as it sees fit in its sole discretion, in any general or specific case, and that
Company will have no liability to you based on its exercise of such right. All data on Company
servers are subject to deletion, alteration or transfer without any kind of intimation, so the user are
advised to keep themselves updated.
SECURITY
Company cares about the integrity and security of your personal information. However, we cannot
guarantee that unauthorized third parties will never be able to defeat our security measures or use
your personal information for improper purpose. However, we shall take appropriate security
measure to keep the data secure and enter into relevant data privacy agreement with the third
parties, if required. In case of any fear of unintended disclosure of Your information, You may opt-
out to by visiting Our Store/ or sending specific email to the Company.
THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other
events or activities that are not owned or controlled by the Company. Company does not endorse or
assume any responsibility for any such third-party sites, information, materials, products, or
services. If you access a third party website from the Service, you do so at your own risk, you may
be subject to terms and conditions and privacy policies contained on such sites, and you understand
that these Terms and conditions and Company Privacy Policy do not apply to your use of such sites.
You expressly relieve the Company from any and all liability arising from your use of any third-
party website, service, or content.
INDEMNITY
You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents,
licensors, managers, and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of
and access to the Service, including any data or content transmitted or received by you; (ii) your
violation of any term of these Terms and conditions, including without limitation your breach of
any of the representations and warranties above; (iii) your violation of any third-party right,
including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation
of any applicable law, rule or regulation; (v) any other party's access and use of the Service with
your unique username, password or other appropriate security code; or (vii) your misconduct or
gross negligence.
NO WARRANTY
The service is provided on an as is; and & as available basis. Use of the service is at your own
risk. to the maximum extent permitted by applicable law, the service is provided without warranties
of any kind, whether express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. Without limiting the
foregoing, the Company, its subsidiaries, its affiliates, and its licensors do not warrant : that the
Service, the Company content and the Company property will meet your requirements; that the
Service, the Company content and the Company property will be available at any particular time or
location, uninterrupted; the Company content and the Company property is free of viruses or other
harmful components.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, the Company assumes no liability or
responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property
damage, of any nature whatsoever, resulting from your access to or use of the service; (iii) any
interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses,
or the like that may be transmitted to or through the service by any third party; (v) any errors or
omissions in any content or for any loss or damage incurred as a result of the use of any content
posted, emailed, transmitted, or otherwise made available through the service; or (vi) user content
or the defamatory, offensive, or illegal conduct of any third party (vii) unauthorised breach and
unauthorised accesses of the information by any third party or partner for breaching the data
security of the Company. In no event shall the Company, its affiliates, agents, directors, employees,
suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages,
losses or costs in an amount exceeding the amount you paid to Company hereunder. This limitation
of liability section applies whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if Company has been advised of the possibility of such damage.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the
applicable jurisdiction.
GOVERNING LAW, ARBITRATION
Any dispute, difference, controversy or claim (Dispute) arising between the Parties out of or in
relation to or in connection with this Terms and conditions shall be settled by the parties by mutual
negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the
parties, the same shall then be referred to and settled by way of arbitration proceedings in
accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or
amendment thereto (Arbitration Act). Disputes arising out of this document shall be referred
to the sole arbitration to be appointed by Company. The venue of Arbitration shall be at Delhi. The
directions/award of the Sole Arbitrator shall be final and binding on the both the parties to this
document i.e. User and Company. The Courts at Delhi will have the exclusive jurisdiction.
USES OF USER CONTENT/ DATA
Save as otherwise provided in this Terms and Conditions, Company uses and discloses the User
Content/ Data/ information’s as follows: To provide the Service; To improve the Service; For other
purposes authorized by the You or, if applicable, their representative. To fulfil the requests of, or
facilitate business with, the individuals or their employers; to analyze market conditions and use of
our services;
GENERAL
If any of the provisions of these Terms and conditions may be constructed in more than one way,
one of which would render the provision illegal or otherwise voidable or unenforceable, such
provision shall have the meaning that renders it valid and enforceable. The language of each
provision of this Terms and Conditions shall be construed according to its fair meaning and not
strictly against any Party. In the event any Court or other government authority shall determine any
provision in this Privacy Policy and Terms and conditions as not enforceable as written, the both
the parties agree that the provision shall be amended so that it is enforceable to the fullest extent
permissible under the laws and public policies of the jurisdiction in which enforcement is sought,
and affords the Parties the same basic rights and obligations and has the same economic effect as
prior to amendment.
ASSIGNMENT
These Terms and conditions, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
NOTIFICATION PROCEDURES AND CHANGES TO THIS DOCUMENT
Company may provide notifications, whether such notifications are required by law or are for
marketing or other business-related purposes, to you via email notice or written or hard copy notice,
or through posting of such notice on Company website/app, as determined by Company in our sole
discretion. Company reserves the right to determine the form and means of providing notifications
to Users, provided that you may opt out of certain means of notification as described in these Terms
and conditions. Company is not responsible for any automatic filtering which you or your network
provider may apply to email notifications sent by the Company to the email address you provide to
the Company. Company may, in its sole discretion, modify or update these Terms and conditions
from time to time by posting the modified or updated version of these Terms and conditions on
Company website/app, and so you should review this page periodically. For the purpose of
maintaining complete transparency, we do send notification over your Mobile phone/ email id
whenever, any change in the Terms and Condition take place. Your continued use of the Service
after any such change constitutes your willful acceptance of modified or updated Agreement.
ENTIRE AGREEMENT
These Terms and conditions, together with any amendments and any additional agreements you
may enter into with Company in connection with the Service, shall constitute the entire agreement
between you and Company concerning the Service, and supersedes all prior written or oral
agreements with respect to the subject matter of these Terms.
NO WAIVER
No waiver of any term of these Terms and conditions shall be deemed a further or continuing
waiver of such term or any other term, and Company’s failure to assert any right or provision under
these Terms and conditions shall not constitute a waiver of such right or provision.
USER DECLARATIONS
The User and the Customer providing the information to the Company unequivocally declare that
User/ Customer understand and have the knowledge that their Information is being collected. User
confirms and undertake that they have the knowledge of the purpose for which his/her Information
is being collected. User/customer understands and have the knowledge of the indented recipients of
the information. User/ Customer of the company further understand that they have the option not to
provide the data or information sought to be collected by Company at the Stores/Outlets and on the
Website. User/Customer of the Company understand that they also have an option (while availing
the services of Company, Website or otherwise) to withdraw their consent given earlier to Company
in this regard and understand and accept that such withdrawal of the consent shall be sent in writing
and in such case Company shall have the option not to provide the Products and services for which
the said information was sought at its discretion. The User/Customer of the Company
unconditionally confirm and undertake that they have read and understood this Terms and
Condition and all other policies governing the Terms of Products sale and the use of Website of the
Company and undertake to abide by it.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
DISCLAIMER
The company will never ask you and you must never provide personal data or information to the
company or to any person/entity representing the company except for the purpose under these terms
and conditions under updating the Loyaltea Programme or otherwise. Any unauthorised disclosure
of sensitive personal data or information by you shall be at your sole risk and without any liability
to the company .You understand, acknowledge and agree that the company or any other person
acting on behalf of the company shall not in any manner be responsible for the authenticity of the
personal information or sensitive personal data or information provided by you to the company.
CONTACT
Please contact us at vibha@liv-lif.com with any questions regarding these Terms and conditions.
Email: vibha@liv-lif.com
Name: Vibha .S
Designation: Grievance Officer
Date of last revision: 28th Oct,2022