Terms & Conditions

Introduction
“Pikad Foods” is the trading name for the Pikad Venture. Pikad Foods (“Pikad Foods” or “we”) operates an e-commerce platform consisting of a website and mobile application together with supporting IT logistics and payment infrastructure for the sale and purchase of consumer products and services.
These general terms and conditions shall apply to and buyers shall govern your use of the Pikad Foods Platforms and related services.

By using our online Store, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions you must not use our Online Store.
If you use our online Store in the course of a business or other organizational project then by so doing you:
1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
2. Bind both yourself and the person company or other legal entity that operates that business or organizational project to these general terms and conditions; and
3. Agree that you in these general terms and conditions shall reference both the individual user and the relevant person company or legal entity unless the context requires otherwise.

Registration and account
You may not register with our online Store if you are under 18 years of age (by using our online Store or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age, and thus an adult).

If you register for an account with our online Store you will be asked to provide an email address/user ID and password and you agree to:

1. Keep your password confidential;
2. Notify us in writing immediately (using our contact details provided at section 26) if you become aware of any disclosure of your password; and
3. Be responsible for any activity on our online Store arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions we will refund you in respect of the same. You may cancel your account on our online Store by contacting us

Payments
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the Online Store.

Store Credit
Store Credits may be earned and managed in accordance with the Pikad Foods Store Credit Terms and Conditions as may be amended from time to time. Pikad Foods reserves the right to cancel or withdraw Pikad Foods store credit rewards for any reason at its discretion including if we suspect fraud or foul

Use of website and mobile applications
In this section, “Online Store” and website” shall be used interchangeably to refer to Pikad Foods’ websites and mobile applications.

You may:
1. View pages from our website in a web browser;
2. Download pages from our website for caching in a web browser;
3. Print pages from our website for your own personal and non-commercial use provided that such printing is not systematic or excessive;
4. Use our online Store services by means of a web browser
subject to the other provisions of these general terms and conditions.

Except as expressly permitted, or the other provisions of these general terms and conditions you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal and business purposes in respect of purchasing products on the Online Store.

Except as expressly permitted by these general terms and conditions you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material you must not:
1. Republish material from our website (including republication on another website);
2. Sell rent or sub-license material from our website;
3. Exploit material from our website for a commercial purpose; or
4. Redistribute material from our website.
Notwithstanding, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

We reserve the right to suspend or restrict access to our website to areas of our website and/or to functionality upon our website. We may for example suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass or attempt to circumvent or bypass any access restriction measures on the website.

You must not:
1. Use our website in any way or take any action that causes or may cause damage to the website or impairment of the performance availability accessibility integrity or security of the website;
2. Use our website in any way that is unethical unlawful illegal fraudulent or harmful or in connection with any unlawful illegal fraudulent or harmful purpose or activity;
3. Hack or otherwise tamper with our website;
4. Probe scan or test the vulnerability of our website without our permission;
5. Circumvent any authentication or security systems or processes on or relating to our website;
6. Use our website to copy store host transmit send use publish or distribute any material which consists of (or is to linked to) any spyware computer virus Trojan horse worm keystroke logger rootkit or other malicious computer software;
7. Impose an unreasonably large load on our website resources (including bandwidth storage capacity and processing capacity);
8. Decrypt or decipher any communications sent by or to our website without our permission;
9. Conduct any systematic or automated data collection activities (including without limitation scraping data mining data extraction and data harvesting) on or in relation to our website without our express written consent;
10. Access or otherwise interact with our website using any robot spider or other automated means except for the purpose of search engine indexing;
11. Use our website except by means of our public interfaces;
12. Violate the directives set out in the robots.txt file for our website;
13. Use data collected from our website for any direct marketing activity (including without limitation email marketing SMS marketing telemarketing and direct mailing); or
14. Do anything that interferes with the normal use of our website.

Copyright and trademarks
Subject to the express provisions of these general terms and conditions:

We together with our licensors own and control all the copyright and other intellectual property rights in our website and the material on our website;
And all the copyright and other intellectual property rights in on our website and the material on our website are reserved.
Pikad Foods’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks and such use may constitute an infringement of our rights.

The third-party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights, as such we, cannot grant any license to exercise such rights.
Data privacy
Buyers agree to the processing of their personal data in accordance with the terms of Pikad Foods’ Privacy Policy and Cookie Notice.
Pikad Foods shall process all personal data obtained through the online Store and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

Due diligence and audit rights
We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the online Store
You agree to provide to us all such information documentation and access to your business premises as we may require:
1. In order to verify your adherence to and performance of your obligations under these terms and conditions;
2. For the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
3. As otherwise required by law or applicable regulation.

Pikad Foods’ role as an online Store
You acknowledge that:
Pikad Foods facilitates an Online Store for buyers where Pikad Foods is the seller of a product;
If a buyer has a complaint relating to the accuracy or completeness of the product information received from us (where Pikad Foods is the seller) the buyer can seek recourse by following the process set out by Pikad Foods.

We do not warrant or represent that the Online Store will operate without fault; or that the online Store or any service on the online store will remain available during the occurrence of events beyond Pikad Foods’s control (force majeure events) which include but are not limited to; flood drought earthquake or other natural disasters; hacking viruses malware or other malicious software attacks on the online Store; terrorist attacks civil war civil commotion or riots; war threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.

We reserve the right to discontinue or alter any or all of our online Store products and to stop publishing our online Store at any time in our sole discretion without notice or explanation, and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any online Store services or if we stop publishing the Online Store. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Pikad Foods.

If we discontinue or alter any or all of our online Store products in circumstances not relating to force majeure we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of Pikad Foods.
We do not guarantee any commercial results concerning the use of the online Store.

To the maximum extent permitted by applicable section below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions of our online Store and the use of our online Store.

Limitations and exclusions of liability
Nothing in these general terms and conditions will:
1. Limit any liabilities in any way that is not permitted under applicable law; or
2. Exclude any liabilities or statutory rights that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these general terms and conditions: are subject to the section above; and
Govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions including liabilities arising in contract in tort (including negligence) and for breach of statutory duty except to the extent expressly provided otherwise in these general terms and conditions.
In respect of the services offered to you free of charge, we will not be liable to you for any loss or damage of any nature whatsoever.
Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the online Store shall constitute a separate contract for the purpose of this section.

Notwithstanding the section above, we will not be liable to you for any loss or damage of any nature including in respect of:
1. Any losses occasioned by any interruption or dysfunction to the website;
2. Any losses arising out of any event or events beyond our reasonable control;
3. Any business losses including (without limitation) loss of or damage to profits income revenue use production anticipated savings business contracts commercial opportunities or goodwill;
4. Any loss or corruption of any data database or software; or
5. Any special indirect or consequential loss or damage.

We accept that we have an interest in limiting the personal liability of our officers and employees and having regard to that interest you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the online Store or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our online Store includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Indemnification
You hereby indemnify us and undertake to keep us indemnified against:

Any and all losses damages cost liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our online Store or
1. Any breach by you of any provision of these general terms and conditions or the Pikad Foods codes policies or guidelines; and
2. Any VAT liability or other tax liability that we may incur in relation to any sale supply or purchase made through our online Store where that liability arises out of your failure to pay withhold declare or register to pay any VAT or other tax properly due in any jurisdiction.

Breaches of these general terms and conditions
1. If we permit the registration of an account on our online Store it will remain open indefinitely subject to these general terms and conditions.

2. If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions or any Pikad Foods codes policies or guidelines in any way we may:

a) Temporarily suspend your access to our online Store;
b) Permanently prohibit you from accessing our online Store;
c) Block computers using your IP address from accessing our Online Store;
d) Contact any or all of your internet service providers and request that they block your access to our online Store;
e) Suspend or delete your account on our online Store; and/or
f) Commence legal action against you whether for breach of contract or otherwise.
Where we suspend prohibit or block your access to our online Store or a part of our online Store you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Entire agreement
These general terms and conditions and the Pikad Foods policies shall constitute the entire agreement between you and us in relation to your use of our online Store and shall supersede all previous agreements between you and us in relation to your use of our online Store.

Hierarchy
Should these general terms and conditions and the Pikad Foods codes policies and guidelines be in conflict with these terms and conditions the Pikad Foods policies and guidelines shall prevail in the order here stated.

Variation
We may revise these general terms and conditions the seller terms and conditions and the Pikad Foods policies and guidelines from time to time.

The revised general terms and conditions shall apply from the date of publication on the Online Store.

No waiver
No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.

Severability
• If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in effect.
• If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted and the rest of the provision will continue in effect.

Assignment
You hereby agree that we may assign a transfer sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
You may not without our prior written consent assign a transfer sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

Third-party rights
A contract under these general terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

Law and jurisdiction
These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

Our company details and notices
You can contact us by using the contact details listed on our “about us” page
You consent to receive notices electronically from us. We may provide all communications and information related to your use of the Online Store in electronic format either by posting to our website or application or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.

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