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Term of Use

Thank you for visiting www.mioamore.net web portal provided by Switz Foods Pvt. Ltd.

The Terms and Conditions contained herein alongwith the Privacy Policy is an Agreement regulating our relationship with regard to the use of www.mioamore.net by you. You are hereby advised to read this Agreement carefully. If you do not agree to any Terms and Conditions of this agreement, you are not authorized to access this site. You can use www.mioamore.net if you agree to all the terms and conditions of this Agreement in its entirety. If you accept this agreement, it will be a legally binding agreement between you and Switz Foods Pvt. Ltd.

Definitions:

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time.

www.mioamore.net or the “Site” means the online portal owned and operated by Switz Foods Pvt. Ltd., which provides a platform to the shoppers to get information of the products listed on site.

“Vendor”/”Seller”/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.mioamore.net

“User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/ Service:

This Agreement shall continue to be in full force and effect for so long as you are using the site. Either you or Switz Foods Pvt. Ltd. may terminate the agreement at any time, with or without cause. However, Switz Foods Pvt. Ltd. reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion thereof at any time, without notice.

Modification of Terms and Conditions:

Switz Foods Pvt. Ltd. may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.

Switz Foods Pvt. Ltd. Gift Vouchers:

Gift Vouchers – Physical (herein after referred to as “Gift Vouchers”) can be redeemed only in any of the Mio Amore Cake Shops and but not on  www.mioamore.net . A location where a Gift Voucher can be redeemed is referred to in these Terms and Conditions as a “Outlet or Site” respectively.

A Gift Voucher is a prepaid payment device that comes with a PRODUCT EXCHANGE. They are not credit Vouchers, charge Vouchers or debit Vouchers.

Gift Vouchers cannot be purchased by using Discount Coupon Codes.

Every Gift Voucher has to be physically submitted to a Mio Amore Franchisee in original in order to redeem it.

To use a Gift Voucher at a Franchisee, present them at the time of payment. They entitle the bearer to exchange it for only the value they carry. The bearer of a Gift Voucher has to select a product from amongst the ones available with the Outlet   at the time of exchange.

Switz Foods Pvt. Ltd. is not responsible for lost, stolen, or misused Gift Voucher. Risk of loss passes to the purchaser of the Gift Voucher and upon handing over of the Gift Voucher to the recipient.

A Gift Voucher / Coupon Code / Reward Points has an expiration date of 6 MONTHS from the date of issue.

While there is “valid through” period, the entitlements on a Gift Voucher do not expire. You may not use a Gift after the “valid through” period.

A Gift Voucher is non-refundable and cannot be redeemed for cash value.

Switz Foods Pvt. Ltd. reserves the right to cancel an issued a Gift Voucher and/or request alternative forms of payment if a fraudulently obtained a Gift Voucher is used to make purchases in Mio Amore Exclusive Cake Shops.

In the event a gift voucher  is non-functional, the recipient and purchaser’s sole remedy, and Switz Foods Pvt. Ltd.’s sole liability, shall be the replacement of such a gift voucher.

In case if any Outlet refuses to honor the Gift Voucher or for any other problems if a Outlet or the Site fails to honor a Gift Voucher, please email the Customer Service Team on mioamore@switzindia.net to report the incident.

We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Gift Voucher at our sole discretion at any time, with or without cause, and without giving you notice. The Gift Voucher is a Switz Foods Pvt. Ltd. property.

A Gift Voucher and their use are subject to the Switz Foods Pvt. Ltd.  Terms of Service and Privacy Policy, which are incorporated herein above the . In the event of a conflict between   Gift Voucher terms and conditions shall the later prevail

Suspension due to non-compliance with Agreement: 

Notwithstanding other legal remedies that may be available to Mio Amore, Switz Foods Pvt. Ltd. may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate your  membership, and/or refuse to provide you with access to the Site-

  • If the you are  in breach any of the terms and conditions of this Agreement;
  • If the you have provided wrong, inaccurate, incomplete or incorrect information;
  • If your actions may cause any harm, damage or loss to the other Users or Switz Foods Pvt. Ltd.

Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress or any other remedy available in law for the time being in force in India.

Indemnity:

You agree to defend, indemnify and hold harmless Switz Foods Pvt. Ltd., www.mioamore.net, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims due to your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

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

Governing Law and Jurisdiction:

This website is created and controlled by Switz Foods Pvt. Ltd. in Kolkata, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kolkata,west bengal India, in all disputes arising out of or relating to the use of the Switz Foods Pvt. Ltd. Sites. Use of the Mio Amore Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Mio Amore, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Mio Amore Site.

Dispute Resolution:

Disputes  arising out of and in the course of discharge of obligation under this agreement, or regarding interpretation of terms of this agreement, shall be settle by amicable discussion. If  after such amicable discussion the dispute remain unresolved for period of 15 days from the date on which such amicable discussion commenced. Then such disputes shall reffered to sole arbitrator to be appointed by the director of SFPL. The venue of the arbitration shall be Kolkata and the cost of arbitration shall be brote equally by you and SFPL. The arbitration shall be conducted in accordance with the arbitration and concillation Act ,1996, as amended up to date.

Copyright:

Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Switz Foods Pvt. Ltd. or its content suppliers and is protected by International copyright laws and regulations.

In addition, Switz Foods Pvt. Ltd. owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site’s content. Except as expressly provided herein, Switz Foods Pvt. Ltd. does not grant any express or implied right license to you. Switz Foods Pvt. Ltd. actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are Copyright (c) 2011 Switz Foods Pvt. Ltd., All rights reserved.

Trademarks:

Mio Amore and other names, graphics, logos, and icons identifying Switz Foods Pvt. Ltd. or its products or services are the proprietary marks of Switz Foods Pvt. Ltd. These trademarks may not be used in connection with any product or service that is not offered by Switz Foods Pvt. Ltd., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mio Amore. All other trademarks not owned by Switz Foods Pvt. Ltd. that appear on this site are the property of their respective owners.

Entire Agreement:

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and Switz Foods Pvt. Ltd. with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Switz Foods Pvt. Ltd. with respect to this site.

If you are dealer of Swits  Foods Pvt. Ltd, or you are associated with switz foods Pvt. Ltd. By virtue of separate , formally written and executed contacts, your relationship under such contacts, in addition to and not in derogation of your right and duties under this agreement. In the moment of any conflict between such formally executed contract  and this agreement, the former shall prevail.

Any rights not expressly granted in these Terms and Conditions are reserved.

Submissions:

Mio Amore welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, ination, or any other content you contribute to Switz Foods Pvt. Ltd. or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Switz Foods Pvt. Ltd. to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Switz Foods Pvt. Ltd. will not infringe upon or violate the rights of any third party.

General:

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Switz Foods Pvt. Ltd. as a result of these Terms and Conditions or your use of this site. The waiver by Switz Foods Pvt. Ltd. of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

DISCLAIMER:

The information contained in this website is for general information purpose only. The information is provided by Switz Food Private Limited and while we endeavour to keep the information upto date and correct, we make no representations and warranties of any kind,  express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or information for any purpose. Any reliance you placed on such information strickly at your own risk.

In no event will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsover arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are available to link other websites which are not under the control of Switz Food Private Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links dose not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Switz Food Private Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical uses beyond or control.

Important Notice to Webmasters:

Regarding the use of trademarked names in Meta tags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in Meta tag keywords is trademark infringement, and the use of trademarked terms in page text, Meta tags, and/or hidden text for purposes of gaining higher rankings search engines is unfair competition.

Linking to any Mio Amore web page is prohibited absent express written permission from Switz Foods Pvt. Ltd. Framing the Mio Amore website with links, advertisements and/or other combination not originating from the Mio Amore website is expressly prohibited.

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