Terms of Use

These Terms of Use (the “Terms of Use”) govern the User (hereinafter referred to as “You”) access to and use of Schmitten Chocolate Company (“Schmitten”, “we”, “us”, or “our”) websites, online shops, and applications (the “Sites”). For information and policies regarding product returns, please see Returns & Guarantees.

ACCEPTANCE OF TERMS

These Terms of Use constitute a binding contract between you and Schmitten. The services, features, functionality, and offers (the “Services”) that Schmitten provides to you via the Sites are subject to the following Terms of Use.

These terms of use contain a mandatory arbitration provision and a class action waiver that require the use of arbitration on an individual basis to resolve disputes.

By accessing, browsing, downloading, registering to receive the sites or the services, you accept and agree to be bound by these terms of use in full. If you do not agree to these terms of use, do not use any portion of the sites or the services.

CHANGES TO THE TERMS OF USE

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the revision date, on the Sites. We may give notice of such updates or modifications by any reasonable means, including by posting a revised version of these Terms of Use on the Sites. Your continued access or use of the Sites and/or the Services following any updates or modifications to these Terms of Use will constitute your acceptance of such changes. The “Last Updated” date above indicates when these Terms of Use were last updated or modified.

The version of these Terms of Use posted on our Sites on each respective date you visit the Sites will be the Terms of Use applicable to your access and use of the Sites and the Services on that date. Our electronically or otherwise properly stored copy of these Terms of Use shall be deemed to be the complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you visit the Sites.

ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW; CLAIM LIMITATION

All disputes, claims, or controversies arising out of or related to these terms of use, the sites, the services products, or any aspect of the relationship between you and schmitten will be resolved through final and binding arbitration before a neutral arbitrator instead of a court. You agree that any arbitration under these terms of use will take place on an individual basis. Class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.

All disputes, claims, or controversies arising out of or related to these terms of use, the sites, products, or any aspect of the relationship between you and Schmitten will be resolved through final and binding arbitration before a neutral arbitrator instead of a court. You agree that any arbitration under these terms of use will take place on an individual basis. Class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.

Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section.

The seat and venue of Arbitration shall be at Surat, Gujarat India before one arbitrator. The arbitration will be governed by the Arbitration and Conciliation Act, 1996. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and Schmitten agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding and may be entered thereafter by any court of competent jurisdiction.

The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statue, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non- privileged information relevant to the dispute, claim, or controversy.

Notwithstanding the foregoing, nothing in these Terms of Use will preclude Schmitten from seeking any injunctive relief or other provisional remedy in a court of law. You agree to exclusive jurisdiction of courts located in Surat for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.

These Terms of Use shall be governed by and construed under the laws of India, without regard to conflict of laws, principles, or rules, and regardless of your location.

Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use, the Sites, the Services, or the Content must be commenced within one year after the cause of action arises.

OWNERSHIP OF THE SITES AND THE SERVICES AND ACCESS LICENSE

You understand and agree that Schmitten owns or has been licensed by third parties to use, all right, title, and interest in and to the Sites, the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein (collectively, the “Content”), as well as the compilation, collection, design, selection, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.

You acknowledge that the Sites and Services are proprietary to Schmitten and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the Sites or the Services by accessing or using either. Further, all content, trademarks, and intellectual property on our website are the exclusive property of Rajhans Nutriments Pvt. Ltd. You are prohibited from reproducing, distributing, or using any content without explicit permission.

Subject to these Terms of Use and your compliance with these Terms of Use, Schmitten hereby grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites or the products solely for your personal, non-commercial, and internal use. All rights not expressly granted to you in these Terms of Use are reserved and retained by Schmitten.

USE OF THE SITES AND THE SERVICES

You represent and warrant to Schmitten that all information that you provide to us in connection with your access to and use of the Sites and the Services will be true, accurate, and complete.

Further, you agree you will not do or attempt to do the following in connection with the Sites or the Services:

• Use the Sites or the Services for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended; Upload or transmit any data, information, text, software, or other content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to upload or transmit;
• Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Schmitten representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Use any of the Sites’ or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., use of all caps or flooding continuous posting of repetitive text); Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
• Violate any applicable local, state, national or international law; Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems without Schmitten’s consent;
• Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so; Cause the Sites, the Services, or any Content to be displayed in any way that is disparaging to Schmitten or otherwise imply or state that any type of relationship or special arrangements exist with Schmitten and any other entity without Schmitten’s consent;
• Use any logo or trademark of Schmitten as a hyperlink “button”, or in any other manner, without Schmitten’s express prior written consent; Harvest or otherwise collect information about others, including e-mail addresses;
• Copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or access to the Sites or the Services; Attempt to gain any unauthorized access to the Sites or the Services, or any of its associated Content, including any associated computer systems, software, or networks, or use the Sites or the Services in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
• Use any robot, spider, scraper, or other automated or manual means to access the Sites or the Services, or copy any Content or information thereon. Products Purchased Through the Sites

You agree that purchases of Schmitten products through the Sites and Services are for personal use only and are NOT intended for resale to any third parties including other individuals or business entities. You shall not directly or indirectly sell or transfer products purchased through the Sites or Services to any persons or entities that you know or have reason to know intend to resell the products. A violation of this resale prohibition may result in having your online account terminated and any further orders blocked or cancelled.

ACCOUNTS

In order to utilize certain portions of the Sites and the Services, you may need to set up an account (including establishing a login ID and password). You may only establish an account on the Sites and the Services if you are age 18 or older. You are responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Schmitten immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. You may not use any other user’s account, login ID, or password at any time. You may not transfer or assign your account.

SUBMISSIONS

Any information, communications, or material of any type or nature that you submit to or post on the Sites or the Services (each, a “Submission”) is done at your own risk and without any expectation of privacy. You are fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by submitting or posting such Submissions, you hereby grant Schmitten a nonexclusive, unrestricted, irrevocable, worldwide, sub licensable, transferable, perpetual, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the legal right to make such Submissions, and such Submissions do not contain confidential or proprietary content of any third party nor are you using such Submissions in violation of any law or contractual restriction. Schmitten Chocolate Company reserves the right to monitor Submissions as it deems appropriate and to remove any Submissions posted on the Sites for any reason in its sole discretion, without any notice or information to you.

ELECTRONIC COMMUNICATIONS

When you use the Sites, the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites and/or the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

By using our website, you consent to receive electronic communications from Rajhans Nutriments Pvt. Ltd., including but not limited to emails, newsletters, and notifications. These communications will provide information about your orders, account updates, promotions, and other relevant content. You agree that all electronic communications satisfy any legal requirement that such communications be in writing. If you wish to opt out of specific communications, you may follow the provided instructions or contact our customer service team. Please ensure that the email address provided is accurate and up-to-date for effective communication. Rajhans Nutriments Pvt Ltd is not liable for any consequences resulting from inaccurate or outdated contact information.