Welcome to www.baganfresh.com. By accessing or using this Site, you (User) agree to comply with the terms and conditions governing User use of any areas of the Baganfresh website (the Site) as set forth below.

 

Use of Website

 

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Baganfresh. Baganfresh and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Baganfresh believes that User conduct violates applicable law or is harmful to the interests of Baganfresh or its affiliates.

 

Proprietary Rights in Content

 

User acknowledges that the Baganfresh website contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively Content) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of Baganfresh and protected by international copyright laws. All software used on this website is the exclusive property of Baganfresh and protected by international copyright laws. The Content and software on this website may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this website is strictly prohibited. Submission of Information or ContentBaganfresh welcomes User comments, information and submissions (collectively, Submission). Baganfresh, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Baganfresh receipt or acceptance of any Submission. All Submissions become the exclusive property of Baganfresh and its affiliates. Baganfresh and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.

 

Third-Party Content

 

Neither Baganfresh, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through Baganfresh may represent the opinions and judgments of Providers or Users. Baganfresh and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized Baganfresh employees. Under no circumstances shall Baganfresh, or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through Baganfresh. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this website.

 

ONLINE CONDUCT

 

User agrees to use this website only for lawful purposes. User is prohibited from posting on or transmitting through Baganfresh any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Baganfresh is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Baganfresh may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Baganfresh. Baganfresh may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Baganfresh; or (iii) to protect the rights or property of Baganfresh, its Users or Providers. Baganfresh reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, this website, the communities that make up Baganfresh, or any rights of Baganfresh or its affiliates or any other party. Notwithstanding the foregoing, neither Baganfresh nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Baganfresh, nor its affiliates, nor any of their officers, directors 

employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Baganfresh.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

User agrees that use of this website is at User's sole risk. Neither Baganfresh, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, Providers), warrant that this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS WEBSITE IS PROVIDED BY Baganfresh ON AN AS IS AND AS AVAILABLE BASIS. Baganfresh MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Baganfresh DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Baganfresh WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Under no circumstances shall Baganfresh or any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this website, including but not limited to reliance by a User on any information obtained from Baganfresh or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Baganfresh's records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.

GENERAL

This User Agreement shall be construed and governed in all respects by the laws of Kolkata, West Bengal, India as such laws are applied to agreements entered into and to be performed entirely within Kolkata, West Bengal between Kolkata, West Bengal residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and Baganfresh with respect to the subject matter hereof and terminates, cancels and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof.