WEBSITE TERMS OF USE

 

Introduction:

– This site www.grana.com (“Website”) is made available by GRANA (“GRANA”, “we”, our” or “us”). Any reference to “GRANA”, “we”, “our” or “us” includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

– These terms of use for Website (the “Terms”) apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the Website for whatever purpose (“Content”) (hereinafter referred to as “users”, “you” or “your”). The display of Content and your ability to view, access, use, and/or download the Content on the Website shall be referred to as the “Services”.

– You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as a modem and Internet connectivity and telecommunications infrastructure.

Your agreement to these Terms

– By continuing to access our Website or use our Services in any way, you agree that you enter into a legally binding contract with us upon these Terms and our privacy policy which is accessible at http://www.grana.com/privacy-policy (“Privacy Policy”).

– These Terms, the Privacy Policy, and any additional document we incorporate by reference in these Terms, constitute the complete and exclusive understanding and agreement between you and us.

– If you do not agree with any term or condition in these Terms, the Privacy Policy, or any policies or additional documents we incorporate by reference, or any subsequent changes thereto or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website or our Services.

– These Terms may be updated or amended by us at any time in our sole discretion. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and the Privacy Policy in case of any such updates or amendments. If you do not agree to GRANA’s updates or amendments, you must not continue to use the Website or our Services.

– You may print a copy of these Terms for your personal use and understanding. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should email [email protected]

 

Accessing and the use of the Service

– The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms (“Third Party Websites”). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.

– We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another’s intellectual property rights or our own.

– Hyperlinks provided on this Website to non-GRANA sites, are provided “as is” and GRANA does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.

Accuracy of Information

– Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and except to the extent allowed by law, should not be relied upon by you as specific advice of any kind.

– You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the prices, menus, products and services, may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services. You are advised to contact us at [email protected]) before using or relying on the information on the Website.

– You acknowledge that any nutritional or any other advice on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever. These advice are of generic nature and they may or may not be applicable in your case, considering your health conditions. Before taking any action based on any advice on Website, you are requested to consult your health advisor or nutritionist for any advice specific to you. We shall not be held liable to you or any third party for any inaccuracy, completeness or suitability of such advice.

Using the Website and the Services

– You may not use the Website to obtain or distribute:

• copyrighted material or material protected by law without our prior written consent; or
• material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.

– You must not perform any act that may jeopardize or interfere with the functionality or the operation of any part of the Website or our Services.

– You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts

– You shall not intercept any information transmitted to or from us or the Website that is not intended by us to be received by you.

– Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content.

– Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. On notice by GRANA, you agree to stop any activity that GRANA does not consider, in its sole and absolute discretion, to constitute fair use.

– You are permitted to create a hyperlink to the Website so long as the link does not adversely affect or portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the Website is clearly visible.

– Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content that may be cached when using the Website or the Content.

– In addition, you shall not and shall not allow a third party to:

• decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (“the Software”) or any files contained in or generated by the Software by any means whatsoever;
• remove any product identification, copyright or other notices, from the Software or documentation;
• lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
• disseminate performance information or analysis of the Software from any source relating to the Software.

 

Intellectual Property Rights

– The Website and its Contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material are protected under relevant intellectual property rights laws. They might be either owned by GRANA or licensed to them by third parties and such third parties may own them.

– We reserve all rights (including all intellectual property rights of Contents) not expressly granted herein to the Website and the Content we make available on or via the Website.

– You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. The Website and its Contents are intended solely for personal, noncommercial use by the users of our Website. If you download or print a copy of the Content for personal use, you must not tamper any copyright and other proprietary notices contained therein and shall retain them ‘as is’.

– You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of GRANA and its employees/agents are reserved.

– Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

– You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services

Collection of Personal Information

– We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our privacy policy further described in our Privacy Policy.

– By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.

Indemnity

– You agree to defend, indemnify us and hold us and our franchisor, their officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

• your use of and access to the Website and/or the Services;
• your violation of any term of these Terms, including Online Terms and Conditions;
• your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
• any claim that your content, information, suggestion or feedback caused damage to a third party accessing the Website and/or Services.

This indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

Limitation of Liability

– Subject to clause 11.2 below, neither us nor our franchisor or any of their agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability (including any indirect, consequential, special or incidental damages) of whatsoever nature arising from your use of or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.

– No provision of these Terms (or any contract governed by these Terms):

• does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
• requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

 

Violation of Terms

Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at [email protected]. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

Termination of your account / access to the Services

– If you have an account with us, you may terminate the same at any time by contacting us via the “Contact Us” link at the bottom of these Terms, and ceasing further use of the Services. Upon termination, you must destroy all documents, information, Contents that pertains to us or downloaded from Website or forwarded by us via electronic mail.

– We may terminate your use of the Services and deny you access to the Services in our sole discretion for no reason or any reason, including your violation of these Terms. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account / linkage to our Website and all related information and/or bar any further access to your account with us or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your account or access to the Services.

Feedback / Suggestions

All remarks, suggestions, ideas, graphics, or other information communicated to GRANA through the Website (“Feedback”) will perpetually be the property of GRANA. GRANA will not be required to treat any Feedback as confidential, will not be liable for such ideas for using them for its business (including without limitation, product or advertising ideas). Without limitation, GRANA will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. Except as noted below in this paragraph, GRANA will be entitled to use the Feedback for any commercial or other purpose whatsoever without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not GRANA, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against GRANA and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

Removal of Content

Any comment or suggestion of yours that is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion. We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content on Website or any content as may be provided by you that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or applicable laws / third party rights or otherwise harmful to the Services or us or our stakeholders in our sole discretion and shall further have the right to take appropriate recourse to such remedies as would be available with us under various statutes. Subject to the requirements of applicable law, we are not obligated to return any of your content / information to you under any circumstances.

Marketing Material

Some of the Services may be supported by advertising revenue and may display marketing and promotional materials. The manner, mode and extent of advertising by GRANA on this Website are subject to change without specific notice to you. In consideration for GRANA granting you access to and use of the Services, you agree that GRANA may place such advertising on this Website.

Part of the Website may contain advertising information or promotional material or other material content submitted to GRANA by third parties. Responsibility for ensuring that material submitted for inclusion on the Website or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than GRANA found on or through the Website and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. GRANA will not be responsible or liable for any error or omission, inaccuracy in any marketing material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Website and mobile apps, as the case may be.

General Provisions

– These Terms, including Privacy Policy, constitute a binding agreement between you and GRANA, and supersede all prior agreements (oral or written) between the parties regarding the subject matter herein.

– Applicability of these Terms and Privacy Policy terms are effective until termination in accordance with these Terms. All provisions of the Terms / Privacy terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms.

– Both you and GRANA acknowledge and agree that no partnership is formed, and neither you nor GRANA has the power or the authority to obligate or bind the other.

– The failure of GRANA to comply with these Terms and Privacy Policy because of an act of God, war, fire, riot, terrorism, earthquake, actions of authorities or for any other reason beyond the reasonable control of GRANA, shall not be deemed a breach of these Terms and Privacy Policy. If GRANA fails to act with respect to your breach or anyone else’s breach of these Terms and/or Privacy Policy terms on any occasion, GRANA is not waiving its right to act with respect to future or similar breaches.

Contact Us

If you have any questions or concerns regarding these Terms, our Privacy Policy or any documents uploaded by reference, please mail us at [email protected]