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PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Agreement contains all of the terms and conditions between owners
of Mangozz.com and you ("User") and governs the use of the services
offered at the mangozz.com web site (the "Site"). By using any
resources or information on the Site, User agrees that (I) User has
read this Agreement and understands all of its contents and (II) User
accepts all the terms and conditions in the Agreement. By accessing
and using this Site, you are hereby agreeing to be legally bound by
the terms and conditions of this User Agreement. If you do not agree
with all of the following terms and conditions, please do not use this
Site.
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such changes
and/or modifications shall become effective immediately upon the
posting thereof. Please review the terms and conditions periodically.
Your continued use of the site following the posting of changes and/or
modifications will constitute your acceptance of the revised terms and
conditions.
TERMS AND CONDITIONS
Mangozz.com uses its partner company Jai Universal for the import of
mangoes from India. With this understanding the user agrees with the
following terms and conditions.
User agrees not to hold owners of mangozz.com liable for any
misinterpretation of content and sale opportunities provided on the
Site.
Online Transactions: Once User has accepted the
terms of the advice or service and payment has been made to
mangozz.com, there is a binding contract implicit between the User and
owners of mangozz.com. Mangozz.com reserves the right to suspend
privileges to any User not adhering to the policies of the Site.
Billing and Payment Policy: Users are obligated to
pay when they place the order. When paying by credit card, the amount
is credited to the users account when they place the order.
Cancellation for any reason results in an automatic cancellation
charge of 20% of the order price. When a season pass is cancelled, the
already delivered boxes are credited at the cost of an equivalent
individual unbundled box. Shipping and Handling charges are
non-refundable.
Guarantee:
If a User is not reasonably satisfied with the quality of the mango on
receipt of the product, the user will provide feedback to mangozz.com
by email. As part of feedback, the user will have to provide the
details of the grievance. Mangozz.com guarantees that the box mangoes
contained in the box come from the stated region and satisfy all USDA
inspection requirements specified for the product. Mangozz.com also
guarantees that the mangoes will be shipped to the user in a manner
that they are not damaged during shipping.
However, mango is a perishable fruit and as with any perishable
product, the quality of each individual fruit varies, so mangozz.com
cannot guarantee that each fruit will taste the same. Using all its
expertise, mangozz.com tries to provide the best possible fruit to its
customers in a manner that maximizes favorable conditions for
ripening. Once the fruit has been delivered, mangozz.com will not be
in control of the fruit conditions, so it cannot take responsibility
for the subsequent care and development of the fruit.
Mangozz.com is not responsible for hereditary conditions of the fruit
such as Spongy Tissue in the Alphonso mango. Mangozz.com is also not
responsible for any natural conditions inherent in the fruit as with
every produce item. However, mangozz.com will use all the tools at its
disposable to try and filter out such fruit before it can reach the
end user.
Mangozz.com will make every effort to fulfill every order as stated
and from the stated shipment. However, the delivery depends upon the
supply of the fruit. If there is a delay in the supply, the delivery
will be delayed accordingly. Mangozz.com is not responsible for delay
of an order on account of any such delays. In such cases, Mangozz.com
will deliver the fruit when it receives it. If a customer wishes to
cancel an order due to delay in the shipment, they can place a request
to mangozz.com. However, mangozz.com is not obligated to refund the
full amount and any refunds will be at the discretion of mangozz.com.
In some cases, although the shipment is delayed, mangozz.com has
already paid for the shipment and cancellation will not be allowed.
These orders will be shipped when they arrive. If the customer does
not wish to receive them, the full price of the shipment will still be
charged. In some cases, a cancellation fee of 20% will be charged.
Mangozz.com also reserves the right to refund the full amount charged
at its discretion.
In case the mango variety ordered is not received for any reason or
there are supply issues with a particular variety of mango,
mangozz.com reserves the right to replace the chosen variety with an
available variety which is in season or which is received. Mangozz.com
will try to make all efforts to get the ordered variety and if a
replacement has to be made, it will try to substitute with a known
variety from the same or adjacent region. Mangozz.com will make every
effort to inform the customers of this development and can email their
preference from the known varieties available. Customers can also
request a cancellation of their order. Mangozz.com will try its best
to accommodate all requests within its limitations and at its
discretion. If mangozz.com is unable to deliver any mango to the
customer in a season, it will refund the customer the entire amount of
the shipment. If a customer wishes to only receive a particular
variety and would like to cancel their order if the variety is not
available, they should interact with mangozz.com and place a written
request. They should also receive a written reply from Mangozz.com
stating that their request has been accepted.
Season Pass customers are our valued customers and Mangozz.com takes
pride in serving them. Season Passes offer a substantial discount over
the regular price in return for predictability of demand and the
customers undertaking to ride the uncertainty of the mango season with
us. All season pass shipments will be shipped out in the same year the
order is placed. If you are not available during certain weeks, please
make arrangements for someone to receive the shipment. Mangozz.com is
not obligated to accommodate the schedule of the customer. If the
season is altered or cut short for any reason, mangozz.com can club
together multiple shipments and fulfill its obligations to ship fruit
paid for in the season pass.
No requests for refunds or change of mind will be entertained after a
shipment has been shipped. Shipping is not refundable in any situation.
All Customer care requests should be filed online after registering at
mangozz.com. Mangozz.com considers customer care as very important,
and considers all such requests on their merits. In all such cases,
the user agrees to abide by the decision of mangozz.com which shall be
final.
Home delivery If a User chooses Home Delivery, the
product will be delivered to the shipping address specified when user
places the order. Once the order is placed, the shipping address
cannot be changed- if however the shipping address is incorrect, the
user can make corrections to the address before the order has shipped
out. If the address specified is incorrect and the delivery is not
possible, mangozz.com reserves the right to destroy the shipment- in
such a case, no refund will be made either for the product or the
shipping.
The user will be charged for destroying the product or for delivering
it to another location as deemed fit by mangozz.com. The user will be
responsible for coordinating the delivery with the shipping service
and ensuring that there is someone at home to receive the delivery. In
case the shipping service leaves the delivery at the doorstep, the
user will be responsible for ensuring that it is picked up and secured
properly. Mangozz.com will not be liable for any damage to the product
which arises from the product having been left unsecured. Any problems
with the delivery will have to be sorted out between the delivery
company and the user. Mangozz.com is not liable in any way for this
process- mangozz.com will however take any input given by the user
regarding the shipping company into consideration while delivering the
next shipment to the user. The user should inspect the product on
delivery and if unsatisfied, immediately inform the delivery service
and mangozz.com by email. Once the product has been delivered, it is
considered as accepted by the user- mangozz.com will not entertain any
complaints later about the product condition. Mangozz.com reserves the
right to make an exception under extraordinary conditions not covered
above. In all issues of contention, the decision by Mangozz.com will
be final.
In-Store Pickup
In-store pickup is not being offered at this time.
Eligibility
You warrant that you are at least 18 years of age and possess the
legal authority to enter into this agreement and to use the services
offered on this Site in accordance with all terms and conditions
herein. Our services are available only to individuals who can enter
into legally binding contracts under the law. Without limiting the
foregoing, our services are not available to minors. User hereby
agrees to supervise usage by, and be responsible for the actions of
any minors who use your computer and/or account to access mangozz.com.
User should always supervise User's children's use of the Internet.
For information about commercial products to assist User in filtering
material on the Internet that User finds harmful, please see
http://www.worldvillage.com/wv/school/html/control.htm or other sites
with information on filtering products. In addition, if User resides
in a country which is prohibited by law, regulation, treaty or
administrative act from entering into trade relations with the United
States or its citizens, User may not use this Site. Such countries
include Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan,
among others.
Prohibited Use
The Site and services contained herein may be used to educate yourself
about mangoes and purchase mangoes from mangozz.com. No person may use
this Site to recruit, solicit, or contact in any form Users for
employment or contracting for a business not affiliated with
mangozz.com without written permission from the owners of mangozz.com.
Mangozz.com is however not liable for the authenticity or the
correctness for content contained on the website and users must
exercise judgment and verification for all such facts. The site also
contains views and materials provided by users of the site and
mangozz.com does not claim any responsibility for the authenticity of
the information provided by third parties. User also gives up the
rights to any information that he/she posts on this website-
mangozz.com can use this information in any manner that it deems fit.
User Account, Password and Security
User is entirely responsible for maintaining the confidentiality of
any password and account number provided by mangozz.com for accessing
the Site, and is fully responsible for all activities that occur under
User's password or account. User agrees to immediately notify
mangozz.com of any unauthorized use of User's password or account or
any other breach of security. mangozz.com will not be liable for any
loss that you may incur as a result of someone else using User's
password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by mangozz.com or another
party due to someone else using User's account or password. You may
not use anyone else's account at any time, without the permission of
the account holder.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations,
audio clips, video clips, artwork, graphic material, or other
copyrightable elements, and the selection and arrangements thereof,
and trademarks, service marks and trade names (the "Material") are the
property of The ZZ Group Inc. and/or its subsidiaries, affiliates,
assigns, licensors or other respective owners and are protected,
without limitation, pursuant to U.S. and foreign copyright and
trademark laws. Mangozz.com hereby grants User a personal, revocable,
non-perpetual, non-exclusive, non-assignable and non-transferable
license to use the Site provided that User does not (i) copy, modify,
create a derivative work of, reverse engineer, reverse assemble,
decompile or otherwise attempt to discover any source code, (ii)
modify or attempt to modify the Site in any manner or form. You agree
not to reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate any
Material to any third party (including, without limitation, the
display and distribution of the Material via a third party website)
without the express prior written consent of mangozz.com. Use of
mangozz.com and/or its licensors' Material is only permitted with
mangozz.com's express written permission. Any unauthorized or
prohibited use may subject the offender to civil liability and
criminal prosecution under applicable federal and state laws.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, mangozz.com, its
affiliates, and their respective officers, directors, employees,
agents, licensors, representatives, and third party providers to the
Site from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this agreement by you. mangozz.com reserves the right to assume, at
its sole expense, the exclusive defense and control of any matter
subject to indemnification by you, in which event you will fully
cooperate with mangozz.com in asserting any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND
TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
mangozz.com is not responsible or liable for any infections or
contamination of your system, or delays, inaccuracies, errors, or
omissions arising out of your use of this Site or with respect to the
information and material contained on this Site. The entire risk as to
the quality, accuracy, adequacy, completeness, correctness and
validity of any material rests with you. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, mangozz.com, ITS AFFILIATES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL
NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR
DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR
OTHERWISE SUPPLIED BY mangozz.com OR ANY THIRD PARTY. Notwithstanding
the foregoing, in no event shall mangozz.com's aggregate liability to
you for any and all claims, damages, losses, and causes of action
(whether in contract, tort or otherwise) exceed the amount paid by
User to mangozz.com, if any, in the twelve (12) month period prior to
any dispute.
User agrees not to hold mangozz.com, mangozz.com's agents and
employees, officers, directors, or participants in mangozz.com
affiliate Service liable for any advice or services delivered which
originated through the Site or was otherwise provided by an
affiliate/agent and releases all such persons from claims, demands and
damages (actual or consequential) of every kind and nature, known and
unknown, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
MISCELLANEOUS
This Agreement will become effective immediately upon any use by User
of the Site and shall remain effective unless terminated by either
party as provided hereunder. This Agreement contains the entire
understanding and supersedes all prior understanding of the parties
hereto relating to the subject matter hereof, and cannot be changed or
terminated orally. Either party may terminate this Agreement by
providing the other with written or email notice of such termination,
which shall be effective immediately upon delivery of such notice to
the other party. mangozz.com may terminate this Agreement immediately
without notice for any breach by User of this Agreement or any
applicable policy of mangozz.com as posted on the Site from time to
time. Furthermore, mangozz.com may terminate this agreement without
notice to User by terminating the rights of User to use the Site. In
the event of termination or expiration, the following sections shall
survive: Ownership of Intellectual Property; Indemnification;
Disclaimer and Limitation of Liability; Miscellaneous and Privacy
Policy and Copyright Notice. If any provision of this Agreement is
found to be illegal or unenforceable, the Agreement will be deemed
curtailed to the extent necessary to make it legal and enforceable and
will remain, as modified, in full force and effect. This Agreement and
all matters or issues collateral thereto will be governed by,
construed and enforced in accordance with the Laws of the State of
Illinois applicable to contracts executed and performed entirely
therein (without regard to any principles of conflict of laws), and
jurisdiction for any court action in the State and County of Kane. Any
notice or other communication to be given hereunder will be in writing
and given by facsimile, postpaid registered or certified mail return
receipt requested, or electronic mail. Nothing in this Agreement shall
be construed as making either party the partner, joint venture, agent,
legal representative, employer, contractor or employee of the other.
Neither party shall have, or hold itself out to any third party as
having, any authority to make any statements, representations or
commitments of any kind, or to take any action that shall be binding
on the other except as provided for herein or authorized in writing by
the party to be bound.
PRIVACY POLICY AND COPYRIGHT NOTICE
Mangozz.com's Privacy Policy located on the Site, as modified by
Mangozz.com from time to time, shall govern any disclosure or use of
User's personal information. Mangozz.com's Copyright Notice is also
located on the Site and shall govern the use of the intellectual
property of third parties on the Site. The terms of the Privacy Policy
and the Copyright Notice are hereby incorporated by reference and you
are hereby bound by such terms when using this Site.
Mangozz.com Responsibilities
Mangozz.com will be responsible for checking the accuracy of
mangozz.com's billing and payment processing for online transactions.
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