Tiny Deol'S Curryslim Private Limited Terms and Conditions

1. Definitions

In these conditions the following words have the following meanings unless the context requires otherwise:

"Client" means You or any individual trading with Us, TinyDeol.com Ltd to buy physical and advisory products against a payment by on-line methods or by cheque and Postal orders.

"Membership Conditions" means these conditions of trading and any amendment, addition and/or variation to these conditions which may appear on the Web Site from time to time;

"Membership Services" means the membership services to be performed by Us for You including without limitation the provision of recipes, exercise plans and personalised diet regimes;

"Contract" means any contract between You and Us incorporating these Membership Conditions for the provision of the Membership Services;

"Documentation" means any documentation, literature, brochures, recipes, diet regimes and/or exercise plans relating to the Membership Services supplied to You by Us in whatever form;

"Internet" means the global data network comprising interconnected networks using the transmission control protocol, and/or any replacement network;

"Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

"Questionnaire" means any questionnaire completed by You in whatever medium and/or any other information supplied by You to Us;

"Territory" means worldwide;

"Virus" means any virus, worm, trojan horse or other similar destructive program or code, and the term "Viruses" shall be construed accordingly;

"Web Site" means the web site on which We market the Membership Services and which is owned and operated by Us;

"We, Us, Our, Ours" means TinyDeol.com Ltd .

"You, Your, Yourself" means the person whose order for the product and membership services is accepted by Us.

2 Basis of Contract

2.1 These TinyDeol.com Ltd Terms and conditions shall govern the agreement between You and Us to the exclusion of any other terms or conditions.

2.2 Orders placed by You leading to a contract which is not expressed to be subject to these Terms and conditions shall still be subject to them.

2.3 These TinyDeol.com Ltd Conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You. We reserve the right to vary these Terms and Conditions at any time.

2.4 No variation to these Terms and Conditions shall be binding on Us unless agreed in writing between You and one of Our authorized representatives.

3 Orders and Contract

3.1 We may refuse to accept, at Our sole discretion, any application for orders placed by You as client of TinyDeol.com Ltd, and/or any orders placed for Our advisory Services.

3.2 No order for Services shall be deemed to be accepted by Us unless and until We have:

3.1.1 confirmed Our acceptance either by email or by a web page acknowledgement; and

3.1.2 received payment in full.

3.2 You shall be responsible for the accuracy of any Questionnaire You complete and any other information We request and/or which may be necessary for Us to perform the Contract.

3.3 You shall be responsible for immediately advising Us if any of the information You have provided to Us (including without limitation details of Your current medical and/or physical condition) changes at any time. We will have no Liability to You if You fail to do so.

3.4 The Contract between You and Us shall come into effect upon the earlier of:

3.4.1 despatch by Us of an e-mail of acceptance of Your order;

3.4.2 the display of a web page acknowledgement on the Web Site; and/or

3.4.3 the despatch of Our written acceptance of Your order

It is advised that You print off a copy of this email or acknowledgement for Your records.

3.5 If there are any material mistakes contained in Our acceptance, We reserve the right to cancel the Contract without any Liability to You.

3.6 If You cancel this Contract for any reason You shall have no further recourse against Us under this Contract.

4 Orders, Cancellations and Refunds

4.1 Dates for performance are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control.

4.2 We will use Our reasonable commercial endeavours to ensure performance within the lead times specified. All orders paid in full by you and on receipt of full payment to Us by Pay Pal ( the secure on line payment system), we ensure to dispatch your orders with in 28 days. However, all attempts will be made on Our behalf to process the orders with in 48 hours of receiving the payment in full.

4.3 Where Client Services are to be performed in stages, each separate stage shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any stage shall not entitle You to repudiate and/or terminate this Contract as a whole. This clause applies to all the repeat orders placed by You for our products and Services.

4.4 You shall have no right to reject Our Services and shall have no right to rescind for late performance unless the due date for performance has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 7 days in which to do so and the notice has not been complied with.

4.5 Any cancellations demanded by You within 48 hours of placing your orders with us will be refunded in full without any administrative costs.

Any cancellations demanded by You after 48 hours of placing your order will be subject to 15 % administrative costs. However if your order has already been dispatched by Us (which we endeavour to initiate with in 48 hours of clearance of your payment) for Guaranteed Next Day Delivery, then we are unable to cancel your order and full payment will be retained by us. This clause is applied by us due to the perishable nature of the goods supplied by us. Once the goods have left our premises, we can not accept the returned goods in order to comply with our Health and Safety regulations.

Similarly, if the perishable goods are not delivered by next day, the clients will be sent a replacement free of charge and will be requested to destroy the late arrived parcels. The complaint from the client has to be supported by the Courier receipt in order to investigate the complaint with the courier. How ever, if the goods are delivered safely by the Next day courier but You are unable to collect the parcel on the specified day or fail to inform the courier any instructions about leaving it at a safe place then We are not responsible for any damages to the perishable goods in the parcel. This clause does not apply to the goods with the shelf life of more than 28 days.

Any damaged parcels delivered due to unsafe packaging or mishandling by the courier during transit must be refused by clients. It must be supported by reason to refuse and you must get the courier drivers to sign and acknowledge that the parcels were damaged. We are unable to entertain any complaints without the written proof, in this case, the courier delivery time and date receipt.

If you decide to return the goods, with in 7 days of receiving them, you must return them in a secure packaging, at your own cost. If the goods are found to be faulty on return to us, we can not issue a refund. As our products are food items, we have to ensure that the seal is intact on arrival to us and the button lid is not popping. If you fail to pack them securely, the glass jars or the lids may get damaged in transition. We will issue you a full refund, excluding Postage and packaging, once we receive the goods back in perfect condition. For the reasons of health and safety, we have a right to refuse the returned goods, if there are visible signs of tampering with the goods. We will not accept returns if any item (jar) in the order has been opened, due to contamination risks. You must return us the complete order if you wish to return it for any reason. Part returns can not be accepted.

5 Payment

Price inc taxes and relevant P & P for each and every product available via TinyDeol.com Ltd Website is displayed on the Shopping basket pages and on any relevant pages of the website

5.1 The price of the products shall be as set out on the relevant Services page of the Web Site at the date of the acceptance of the order provided that, if any such price contains an obvious mistake, We may make any reasonable change to correct such price.

5.2 If any product page of the Web Site specifies a "special offer" price, this price shall additionally be subject to any conditions stated on the relevant special offer pages. . All promotional prices will also be displayed on the shopping basket and any other appropriate pages.

5.3 Our prices are inclusive of VAT. You are not ordered to pay any hidden additional costs other than what you see on Our shopping basket.

5.4 Our terms of payment are, unless otherwise agreed, by credit or debit card and/or by cheque or Postal order. Payment is due on or before the date of commencement of delivery of any Services. Your orders will not be dispatched by Us till we have received the payment in full.

5.5 If We do not receive authorisation of the credit or debit card details that You have supplied and/or if Your cheque does not clear on first presentation in respect of any part of any Order placed, We may withhold performance of the Services until such authorisation is provided and/or Your cheque is represented successfully.

5.6 Any monies received by Us from You may be applied by Us at Our option in any order against any additional administrative costs charged prior to application against any principal sums due from You.

5.7 You shall pay all sums due to Us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.

5.8 Payment shall not be deemed to be made until We have received cleared funds in respect of the full amount outstanding.

5.9 We may render an invoice to You and/or charge the invoice value to Your credit and/or debit card any time on or after the placing of Your order for Our Services whether before or after Our acceptance of Your order.

5.10 If payment in full is not made to Us when due then We may withhold or suspend future or current performance of the Services.

6 Specification

6.1 Details and/or specifications in any brochures, price-lists and/or promotional material in whatever medium produced by Us and/or set out in the Web Site or by mail are intended as a guide only and only give a general approximation of the Services. The colour of the sauce lids and hamper may change occasionally, subject to availability.

6.2 We do not offer nor purport to offer medical diagnosis, advice, treatment and/or information. We shall have no Liability for any failure by You to seek competent medical diagnosis, advice and/or treatment from a qualified healthcare professional before ordering and/or during the client Services.

6.3 You are responsible for checking Your Questionnaire and satisfying Yourself that any delivery and/or email address and/or other details including without limitation details of other personal information given are accurate.

6.4 We shall have no Liability for errors in any Questionnaire supplied by You, and You are solely responsible for their accuracy.

6.5 You agree to indemnify Us and keep Us indemnified against any and all claims, losses, proceedings, actions, awards, liabilities, costs (including legal costs on a full indemnity basis and increased administration costs) expenses, damages and any other losses and/or liabilities arising out of Our use in connection with the supply of Service only of information contained in any Questionnaire supplied by You without limitation and other personal information.

6.6 We may make changes to the client Services as required from time to time by law, applicable health and/or safety requirements and/or guidelines, provided that they do not have a material adverse effect on the quality and/or performance of Our Services.

6.7 If We do make changes to the Client Services which have a material adverse effect then You may, upon written notification to Us, cancel the Contract without Liability.

7 Intellectual Property Rights and Confidentiality

7.1 You may not copy, reproduce, republish, transmit or distribute in any way any of the Documentation and/or the Web Site or any of Our mail catalogues in whole or in part.

7.2 You acknowledge You shall have no rights of ownership or any other interest in respect of any intellectual property rights in the Documentation and/or arising from Us providing you with the Services, including without limitation any patents, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.

7.3 All Web Site design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and/or other material on the Web Site and any Documentation are subject to Our copyright unless otherwise acknowledged. All rights are reserved.

7.4 You agree that You will not use the Documentation except for Your own personal and non-commercial purposes as contemplated by this Contract.

8 Web Site Disclaimers

8.1 As the Internet is not a secure medium, privacy of the Web Site and any information You provide to Us cannot be assured. We shall have no Liability for any loss or damage You may incur by sending orders or personal or confidential information to Us over the Internet or if We send You such information at Your request.

8.2 We may from time to time operate a chat room on the Web Site on which You may post Your comments in respect of the client Services. We may review and/or monitor any such postings from time to time but will be under no obligation to do so.

8.3 You may not post any material on the Web Site which is likely to cause offence to any third party and/or any material which is or is likely to be considered defamatory, pornographic, unlawful, obscene and or/which is likely to constitute a malicious falsehood. If in Our sole discretion We decide that You have done so and/or are likely to do so, We may:

8.3.1 immediately terminate without Liability to You any agreement with You;

8.3.2 withhold and/or cease the performance of any client Services;

8.3.3 disclose Your identity and details of the information We believe You have posted on the Web-Site to the police and/or any other investigative authority.

8.4 We will always fully co-operate with any police enquiries and/or court order.

8.5 If You send or have sent Us an order or personal or confidential information through the Web Site or over the Internet, We may correspond with You via the same or any similar medium. If You request that We only correspond with You via a different medium, We shall use Our reasonable commercial endeavors to comply with Your request.

8.6 Any correspondence sent by Us via the Web Site or over the Internet will not be encrypted unless it contains any of Your financial details. We shall have no Liability for any loss or damage You may incur as a result of any compromise of security and/or confidentiality in relation to transmissions sent via the Web Site or over the Internet.

8.7 We shall have no Liability for any loss or damage You may incur as a result of any cookies which the Web Site may place onto Your computer through the third party sources like Pay Pa Payment system.

8.8 If You do not wish to receive cookies, You should ensure that Your software is set up not to accept them. You will still be able to print off the order form, complete it and forward it to Us by post with Your payment by either cheque and/or giving details of Your credit or debit card.

8.9 We will comply with the requirements of all data protection legislation in force in England and Wales from time to time. If You are an individual, You may make a written request for a copy of any personal data held by Us about You. We reserve the right to charge the current statutory fee for providing a copy of such data.

8.10 We shall manage, process and use any personal information about You in an ethical manner. It will only be used for Our internal purposes. None of Our Contractors or sub contractors for food, videos, DVDs, spices, spice Trays and other products will have access to your personal details. We shall ensure to our best of practices to protect your privacy under all circumstances.

8.11 We shall not sell or pass any personal information We obtain through the Web Site to any third parties. However, We shall follow Your navigation through the Web Site and other web sites on the internet and We may use such information to build statistics on users of the Web Site for Our own use.

8.12 You agree that We may notify You of any new products and/or services and/or special offers on the Web Site.

8.13 We shall have no Liability for any loss or damage You may suffer as a result of the content, information, practices of and/or any contract entered into through any web site You are able to access via a link on the Web Site. We make no representations about and do not endorse any such other web sites.

8.14 Viruses are an inherent risk of communication via the Internet. We have installed a firewall on the Web Site and will use Our reasonable commercial endeavours to prevent contamination with any virus of any material sent to You.

8.15 We do not, to the maximum extent permitted by law, accept any Liability for any loss or damage incurred by You or any third party as a result of any Virus infecting any computer equipment and/or software used by You.

8.16 We may offer a help facility on this Web Site from time to time but shall be under no obligation to do so.

9 Default

9.1 If You:-

9.1.1 fail to make any payment to Us when due; and/or

9.1.2 breach the terms of this Contract;

then We may without prejudice to any other remedies, exercise any or all of the rights set out in clause 9.2 below.

9.2 If any of the events set out in clause 9.1 above occurs in relation to You then We may:

9.2.1 withhold the performance of any client Services and cease any Membership Services in progress;

9.2.2 cancel, terminate and/or suspend without Liability to You any agreement with You.

10. Repairs and Replacements

10.1 We will at Our option either refund the price or re-perform any defective Services where the defect is apparent on inspection provided that the defect is notified to Us within 14 working days of performance with supporting evidence in writing : in this case the courier date and time receipt duly signed by both – the driver of the courier and Yourself or any one accepting parcels on your behalf.

10.2 We may upon Our request inspect the subject-matter of any allegedly defective client Services, and We will not have any Liability for defective client Services until We have been allowed to make such inspection with supporting evidence.

10.3 If You refuse or are unable for any reason to use, download, receive and/or view performance of the client Services unless caused by a failure in the Web Site then We may retain payment in full, withhold performance of any other Services and/or to terminate this Contract forthwith.

10.4 If due to a failure in the Web Site you are unable to access any of the Membership Services offered to you via the Web Site You shall notify Us within 2 working days of receipt of the credit and/or debit card notification by You. If We can show that the Client Services were delivered to You in accordance with this Contract We may retain payment in full. If We fail to produce such documentation within 28 days of receipt of Your notification, We will in our sole discretion refund and/or re-perform the client Services.

11 Limitations on Liability

11.1 We shall have no Liability for damage, loss, liability claims, costs or expenses caused or contributed to by Your failure to exercise reasonable care and caution in respect of the Healthy diet and low impact activities recommended within the website and DVD and VHS advice Services.

11.2 We shall have no Liability for damage, loss, liability claims, costs or expenses caused or contributed to by Your continued participation in the low impact activities and healthy eating recommended within the client Services at any time after You feel dizzy, unwell, suffer any personal injury and/or after any such feeling and/or injury should reasonably have become apparent or suspected to You.

11.3 We shall have no Liability for damage, loss, liability, claims, costs or expenses caused or contributed to by Your continued use of defective client Services after a defect has become apparent or suspected or should reasonably have become apparent to You.

11.4 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.

11.5 You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.

11.6 We shall have no Liability to You for any:

11.6.1 inability to gain access to the client Services as a result of routine or emergency maintenance on the Web Site or excessive demand for the client Services;

11.6.2 loss of data including both data transmitted and other data held by you;

11.6.3 delay and/or failure in transmitting or receiving material; and/or

11.6.4 any failure to provide a help facility on the Web Site.

11.7 We have not appointed any agents, distributors, franchisees and/or any other sales and/or marketing representation and shall have no Liability in respect of any products and/or services offered to You by any third parties purporting to act on Our behalf. Any such appointments in future will be brought to public domain through our website and Mail services. No third party is acting on our behalf at this present time and will not do so in future unless authorized by us in writing.

11.8 We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.

11.9 We shall have no Liability for any matters that are outside Our reasonable control.

11.10 We shall have no Liability to You for any:-

11.10.1 consequential and/or other similar losses;

11.10.2 damage to goodwill;

11.10.3 economic, financial and/or other similar losses;

11.10.4 special damages and indirect losses; and/or

11.10.5 business interruption, loss of data, profits, business, contracts and/or opportunity.

11.11 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.

11.12 Our total Liability to You shall not exceed three times the price paid by You for the client Services in any period of 4 weeks. To the extent that any of Our Liability to You would be met by any insurance of Ours then Our Liability shall be extended to the extent that such Liability is met by such insurance.

11.13 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

11.13.1 Liability for breach of contract;

11.13.2 Liability in tort (including negligence); and

11.13.3 Liability for breach of statutory duty;

11.13.4 Liability for breach of common law;

except clause 11.13 above which shall apply once only in respect of all the said types of Liability.

11.14 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which it is not permitted to exclude or limit as a matter of law.

11.15 Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer and/or due to any applicable law. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent, have no force or effect.

12 General

12.7 You agree to indemnify Us and keep Us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

12.8 No waiver by Us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

12.9 If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

12.10 We shall not be liable to You for any delay in performance of this Contract to the extent that such delay is due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

12.11 All third party rights are excluded and no third party shall have any right to enforce this Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties to this Contract without the consent of any such third party.

12.12 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.