You are advised to please read the terms of use carefully before using the website (“Site”) of DOLCE GELATO ICE CREAM (“DOLCE GELATO” or “we”), a brand of Modi Illva India Private Limited. By accessing or using any features of the Site, you agree to be bound by these Terms of Use and by our Privacy Policy. Kindly note that we reserve the right to modify the Terms of Use at any time without prior notice to you. If you do not agree to any Terms and Conditions of this agreement, you are not authorized to access this Site.
Changes to the Site
You agree that the Site, including any and all features available on the Site and any User Content may be modified by us at any time in our sole discretion, without prior notice. Unless expressly stated otherwise, any new features, enhancements, new services or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, photographs, graphics, video, messages or other materials made available on the Site by any User. Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use.
Registration of Accounts
You may need to create and register an account to proceed through the checkout process on the website. You agree to provide accurate and complete information regarding yourself and to keep your account password private, not to share it with others. Kindly notify us if you discover or suspect that your account has been hacked or its security breached. You agree to take responsibility for all activities on or under any account registered to you and you accept all risk for unauthorized use of your account.
Restrictions on Rights to Use
Site users may not use the Website in order to transmit, distribute, store or destroy material
We reserve the right, in our sole discretion, to change or discontinue any or all of the services on the Site at any time without notice, to terminate your access and use of the Site, and to delete your account and any related information.
Product Sales and Availability
All DOLCE GELATO products and offers available through the Site will be delivered only in areas where DOLCE GELATO is able to deliver and subject to the availability of ordered products or quantity. DOLCE GELATO reserves the right without prior notice to discontinue or modify the pricing and other specifications on its products offered through the Site.
Privacy
Please review our Privacy Policy by visiting the concerned web page on our website which governs the use of personal or the public information.
Copyright
If you think the Site infringes your copyright, you can send written notice of copyright infringement to our designated copyright agent at the address given below or at email id: feedback@dolcegelato.in.
Ownership
As between you and us, the Site, including all photographs, images, text, graphics, icons, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of DOLCE GELATO or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.
Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
Disclaimer of Warranty
You expressly agree that your use of the Site, information, advice, services, products, and other materials contained in or described on the Site, is entirely at your own risk, and that all such information, content, products, materials and other services included on website or made available to you through the website services are provided on an “as is” and “as available” basis unless otherwise specified.
To the fullest extent permissible by applicable law, we hereby disclaim all, representations or warranties of any kind, express, implied, or statutory, as to the availability, operation and/or use of the Site, and all other content, services, products, and other information and materials contained in or described on the Site, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement, and implied warranties arising from course of dealing or course of performance.
In addition, we do not represent or warrant that the information and content accessible via the Site is accurate, complete or current, and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance on any aspect of the Site, and all other content, services, products, and other information and materials contained in or described on the Site.
Further, we do not represent and warrant for the services, information, materials, products, or other services included on website or made available to you through the website services and that the Site will be uninterrupted, secure, free of errors or other harmful components.
We will not be liable for the damage of any kind arising due to use of DOLCE GELATO information, products, or other services included on website or made available to you through the website services, either direct, indirect, incidental, punitive, and/or consequential damages, unless otherwise specified.
Risk of Use
You understand and agree, by your access to and use of the Site, that if you download and/or otherwise obtain material or data through the use of this Site, you do so at your own discretion and risk. You further understand that you will be solely responsible for any damage or injury to your computer system (including but not limited to any networks, hardware or software), or the loss of data which may result from the download of such material or data.
Limitation on Liability
Your exclusive remedy with respect to any dispute and your use of the websites is to discontinue your use of the website. Under no circumstances shall DOLCE GELATO be liable to any user on account of that user’s use or misuse of, or reliance upon, this Site, the contents of this Site, the data on this Site or products purchased from this Site. Such limitation of liability shall apply to prevent any recovery of any damages, including any direct, indirect, incidental, consequential, special, exemplary, statutory and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), statute or otherwise, even if we have been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on this Site or its contents, from inability to use or access this Site, from the interruption, suspension, or termination of this Site or any portion of this Site (including all such damages incurred by third parties), or for any other reason. This limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised on this Site or received through any links provided on this Site, as well as by reason of any information or advice received through or advertised on this Site or received through any links provided on this Site. This limitation shall also apply, without limitation, with respect to the performance or non-performance of this Site or its contents or any information that appears on, or is linked or related in any way to, this Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
In no event will DOLCE GELATO’S total liability to you for damages, losses and causes of action, whether such claim is based on warranty, contract, tort (including negligence), statute or otherwise exceed the amount paid by you, if any, for accessing the Site or Rs. 5,000, whichever is less. You agree to bring any and all actions within one (1) year from the date of accrual of the cause of action, and that actions brought after such date will be barred.
Without limiting the foregoing, under no circumstances shall DOLCE GELATO, or its officers, directors, employees, members, servants be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In no event shall DOLCE GELATO, or its officers, agents, servants, directors, employees, or members, be liable for lost profits or any indirect, special, incidental or consequential damages arising out of or in connection with our Site, our services or this agreement.
Indemnity
You agree to indemnify, defend and hold DOLCE GELATO and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses, claims, demands or damages of any nature whatsoever including attorneys fees, made by any third party related to (i) your access to the Site, (ii) your use of the Site (including any uses under your account or user name, whether or not authorized by you), (iii) your violation of these Terms of Use, or (iv) the infringement or other violation by you of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to and from Third Party Sites
Please note that we may display on the Site advertisements from third parties, such as banner advertisements, texts and links to and from third party Sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked Site, or any link contained in a linked Site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked Site or any content therein. We will not be liable, directly or indirectly in any event, to anyone for any damage or loss arising from or relating to any use, or reliance on any Advertisement displayed on the Site, any products, services or other materials relating to any such advertisement, any linked Third-Party Site. You are strongly encouraged to review the Privacy Policies and other terms and conditions of each and every website you visit.
Modifications to Terms of Use
DOLCE GELATO reserves the right to modify at any time to these Terms of Use without any prior notification to you. Any modifications to the Terms of Use will be effective upon posting. 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.
Applicable Law
By visiting the Site, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DOLCE GELATO. All competent courts in Delhi shall have the jurisdiction to try any dispute etc arising out of these Terms of Use.
No Assignment
You may not transfer or assign in any way any of your rights or obligations under these Terms. Any such transfer or assignment shall be null and void.
Miscellaneous
No partnership, agency or employment relationship is created as a result of these Terms of Use and you do not have any authority of any kind to bind DOLCE GELATO in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site. These Terms of Use, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and us regarding use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the Site and any notices regarding the Site.
How to Contact
You may contact us at feedback@dolcegelato.in or at DOLCE GELATO, a brand of Modi Illva India Private Limited, 1513, Modi Tower, 98 Nehru Place, New Delhi – 110019.