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Terms of Use

TERMS OF USE
By accessing this website you agree to the following terms and conditions. if you don't agree to the terms, you should exit the website.

These terms of use were last amended on 21-04-2016. We may update these terms from time to time, so we invite you to read this page periodically. The new terms will apply to all past and current users of xtacychocolate.com and its sister websites and will replace any prior legal notices. By using this website, you consent to the terms. Your continued use of the website following the posting of such revised terms of use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are legally binding on you.

All products, services, software, applications, concepts or features available on or through this website are subject to these terms and conditions, including but not limited to the exclusion of warranties and limitations of liability below.

Acceptance of the Terms of Use
This website is owned and operated by Triplanet Inc (“Triplanet” "company", "we", "our" or "us"). the following terms and conditions govern your access to and use of www.xtacychocolate.com or www.xtacygourmet.com or www.xtacycoffee.com (the "website"), including any content, functionality and services offered on or through the website whether you are a guest or a registered member.

Please read the terms of use carefully before you start to use the website. By using the website you accept and agree to be bound and abide by these terms of use and our privacy policy, incorporated herein on the website.

Accessing the Website and Account Security
We reserve the right to withdraw or amend the website, or any service or material we provide on the website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. from time to time, we may restrict access to some parts of the website, or the entire website, to any user, including registered users.

To access the website or some of its services, features or resources it offers including, without limitation, payment using credit cards or other forms of electronic payment, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that any and all information, including, without limitation, credit card information or information pertaining to other forms of electronic payments, you provide on the website is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You further agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use. To insure secure online payment and all other transactions of personal data, the website uses a technology called SSL(Secure Socket Layer). SSL encrypts all communications between your computer and our server so that the information can only be read and understood by us. Usually a closed lock on your browser window shows a secure connection. If your browser is equipped with SSL your transaction will automatically be secured. The common standard on internet to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed as closed, then your information is secure and encrypted to avoid abuse.

Limitations on Use of Website
You must be at least 18 years old to use the website. You may browse the website, use its applications and features, and you may download material displayed on the website, all for personal non-commercial basis. You may not alter any copyright, trademark or other proprietary notices from materials you download and nor may you distribute, modify, transmit, reuse, re-post, or use any material from the website for public or commercial purposes. These conditions apply to all material on the website, including but not limited to the text, computer code, applications, images, graphics, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of company and/or its contributors. Unless otherwise stated specifically, all material on the website is copyrighted. copyright violation is a serious offense, punishable in law.

Communicating Electronically
When you visit our website or send e-mails to us, you are communicating with us electronically. by doing so, you legally consent to receive communications from us electronically. You agree that all terms, agreements, notices, disclosures and any other electronic communications that we send to you electronically, satisfy any legal requirement as if such communications are being made in writing.

Website Membership Account
To become a member of our website you must be 18 years of age. On the account you create, you agree you are responsible for maintaining the confidentiality and security of your account. we are at liberty to disable your account at any time if you violate these terms. while to the best of our ability and we endeavor to protect information you provide to us, we do not warrant and cannot ensure the security of any information you transmit to us.

Limitations on Liability
The website and all information and functionality on the website is provided on a "as is basis" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. without limiting the foregoing, the company disclaims any warranties for the security, reliability, timeliness and performance of any services, applications, features, information or advice on the website or through any links to our website.

You understand that your use of this site is at your own risk and we cannot and do not guarantee or warrant that the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.

Company will not be liable for any loss or damage caused by any distributed denial-of-service attack, viruses or other material that may infect your computer equipment, computer programs, or data due to your use of the website or any or its services. Company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of this site or your downloading of any information, data, text, images, video, or audio from the site.

Neither company nor its, subisdiaries, JV partners, affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the website, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, hacking loss, failure to store, mis-delivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses.

In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal procedure or theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort including negligence, breach of contract or otherwise, even if foreseeable.

The company's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to company for any products which you purchased and paid for through this website. By using the website, you agree to release and hold harmless the company , its affiliates, officers, executives, directors and employees from any and all demands, claims, damages, costs and expenses of any kind whatsoever relating in any way to use of the website or any materials downloaded from this website. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court for part of this agreement or any of its terms, the rest of the terms in this agreement shall nevertheless remain in force.

Dispute Resolution
If there is any dispute between yourself and us, it is mutually agreed that either of us may elect to have it resolved by binding arbitrator administered by the London Court of International Arbitration (LCIA) under their rules for mediation. All disputes in arbitration will be handled only between the named parties. The arbitrator will not have authority to conduct any proceedings on a class, private attorney general, or other representative basis, nor to entertain any claim of, nor provide any relief to any person who is not a named party, nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that you are aware that this means that you may not have access to a court or jury.

Links to Third Party Websites
This website may contain links to websites controlled by parties other than the company's brands. Company may work with certain partners and affiliates whose websites are linked with the company. Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, offerings, services or use of any third party website, any web accessed from a third party website or any changes or updates to such websites. Company makes no guarantees about the content or quality of the products or services provided by such websites. Company is not responsible for webcasting or any other form of transmission or communication received from any third party website. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by company of such third party websites or their offerings or products. You acknowledge and accept that you bear all risks associated with access to and use of content provided on a third party website and agree that company is not responsible for any loss, disrepute or damage of any sort you may incur from dealing with a third party. You should contact the website administrator of such third party websites if you have any concerns regarding such links or the content located on any such third party website.

Trademarks and Intellectual Property Rights
The trademarks, logos, and service marks (collectively the "trademarks") displayed on the website, are the trademarks of the company , except if otherwise noted. All other trademarks, publicity rights and other rights showcased on our website in images or graphic text & design that do not belong to the company or any of its subsidiaries, are the property of their respective owners. You do not have any license or right, by implication or otherwise, to use any trademark, image or other material displayed on the website without the written permission of company or the third party that may own the relevant material.

The trademarks, logos, and service marks ("trademarks") displayed on the site are registered and unregistered trademarks of the company and others.  Notwithstanding any other term or condition in this agreement, the company retains ownership to the copyright of this site and all material from this site. The company and its affiliates own the trademarks, service marks, ("trademarks") displayed on this site. Nothing on this site should be understood as a license to use the trademarks. Your use of the trademarks displayed on this site is strictly prohibited. Nothing contained on the site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on this site without the written permission of the company or such third party that may own the trademarks displayed on the site. Your use of the trademarks displayed on the site, or any other content on the site, except as provided in these terms and conditions, is strictly prohibited. The company has not reviewed any or all sites linked to this site and are not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the site. Your linking to off-site pages, links, or other sites is at your own risk and without the permission of the company. By linking to a site or permitting a link to this site, the company does not endorse the site operator or the content of any such linked sites. Though we work very hard to provide you with the most current and accurate information on our site, we never warrant that everything you see on this site is error free, omission free or complete. The company’s brand names, service marks, trademarks, names, the company’s logos and all related names, logos, product designs and service names, media designs and slogans are trademarks of the company or its affiliates and /or licensors. You are not authorized to use such marks without the prior written permission of the company.

The website and its entire contents, features and functionality, including but not limited to all information, software, concepts, text, displays, images, video and audio, and the design, selection, are owned by the company, its licensors or other providers of such material and are protected by the trademark office of the United States of America, India and United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These terms of use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM for you to  access and view such materials and you may store files that get automatically cached by your web browser for display enhancement  and operational purposes.
We don’t mind if you download material displayed on this site for noncommercial and / or personal use only, as long as you also retain all copyright, trademark, and other proprietary notices contained on the materials. You are not allowed, however, to distribute, modify, publish, transmit, reuse, repost, or use the content of the site for public or commercial purposes under any circumstances.
If we provide or introduce any desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. If we provide social media features with certain content, you may enjoy features that are enabled.
You are also advised that the company will aggressively enforce its intellectual property rights to the fullest extent of the law.

Intellectual Property Infringement Claims
Company will respond as quickly as practical to any claims of infringing material appearing on the website. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated in any way, please provide the written information specified below toconnect@xtacychocolate.com:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where on the website the material that you claim is infringing is located.
  • Your address, telephone number, courier address, and email address.
  • A statement of undertaking by you that you in good faith believe that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law.
  • A statement by you, under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is deemed permanently barred.

Violation of Terms
Company reserves the right to pursue any and all legal and equitable remedies against anyone violating these terms and conditions including but not limited to permanently terminating access to the website. Any failure by company to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.

Authorized Uses
Without specific authorized permission you may not:

Modify copies of any materials from this site. Republish any part of the website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service.

Use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website, including their ability to engage in real time activities through the website. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site or products. Any use of the website not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws.

Prohibited Uses
You may use the website only for lawful purposes and in accordance with these terms of use.

You agree not to use the website:

In any way that violates any applicable federal, local or international law or regulation, including without limitation, any form of misuse of credit cards or other forms of electronic payments. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate company, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm company or users of the website or expose them to liability.

To use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website. To use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.

To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website. To use any device, software or routine that interferes with the proper working of the website.

To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. To otherwise attempt to interfere with the proper working of the website. To attack the website via a denial-of-service attack or any kind of distributed denial-of-service attack.

Data Submissions
Any personal data you transmit to the site by electronic mail or otherwise, will be used by the company in accordance with the privacy policy of the site. Any other communication, query or material you transmit to the site, such as questions, comments, concepts, drawings, suggestions, or ideas will be treated as non-confidential and non-proprietary. An important aspect of our policy is that we don't encourage acceptance of unsolicited ideas about marketing, advertising, product, and/or packaging concepts and/or improvements. We employ our own team of designers, consultants and contractors who may be working on the same or similar ideas you have thought up. This policy is enforced to avoid confusion about our ownership of new concepts. Even though we appreciate hearing from you, you must be aware that the company does not give credit or compensation for unsolicited ideas about new or improved marketing, product, or packaging concepts. Please do not send to the company or submit to this website any creative or original materials or ideas including those related to marketing, product, or packaging concepts. If you do decide to send any such ideas, suggestions, or materials, they will be treated as non-confidential and non-proprietary and shall become our property and may or may not be used by us for any commercial or non-commercial purpose.
Indemnification
You agree to defend, indemnify and hold harmless company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms of use or your use of the website and, any use of the website's content, services and products other than as expressly authorized in these terms of use or your use of any information obtained from the website.

Miscellaneous & Jurisdiciton
These terms and conditions are governed by the laws of United Kingdom, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. All matters relating to the website and these terms of use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the United Kingdom without giving effect to any choice or conflict of law provision or rule (whether of the United Kingdom or any other jurisdiction). Any disputes relating to the use of this website that are not arbitrated shall be resolved exclusively in the courts of United Kingdom, and you and company, both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this website is made available only to provide information about the company and its products and services. The company controls and operates this website and makes no representation or warranty that materials in the website are appropriate or available for use in all jurisdictions. If you use this website you are automatically responsible for compliance with all applicable local laws.

Your Comments and Concerns
This website is operated and owned by Triplanet Inc. B.V.I.

You understand and accept that by using this website, in updating, changing or altering your personal information, address(es) or contact details, you accept that the company or any of its affiliates may, at their discretion, use such information or any alternative information to send legal notices under these terms of use.

We would be delighted to hear from you about any comments, concerns or suggestions that you may have at contact@xtacychocolate.com

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