Hershey India Private Limited (“Hershey India,” “we,” or “us”) welcomes you to our website! Our endeavor is to provide you a great online experience while you are on our website (this “Website”). Hershey India believes in maintaining trust and cordial relations with users of this Website. The terms and conditions below (these “Terms”) govern your use of this Website. By accessing and using this Website, including through the Internet, through a mobile network, or otherwise, you indicate your acknowledgment and acceptance of these Terms. If you do not agree with these Terms, you should not use this Website.
1. Use of Materials on this Website
Hershey India maintains this Website for your personal entertainment, information, and education. The trademarks, service marks, brand identities, titles, characters, trade names, graphics, designs, copyrights, and other properties appearing within this Website are protected intellectual properties used by Hershey India and/or its related companies. These properties may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may, for personal and non-commercial use only, download one copy onto your personal computer. In order to protect these valuable assets, we must prohibit other uses without our prior written consent. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Please feel free to explore this Website and, where available, use your discretion to contribute to it, such as by posting questions and/or other materials with or without multimedia content (e.g. pictures, videos). However, please be informed that the use of this Website and materials posted to it should not be illegal or offensive in any way, meaning that you should not post, transmit, or otherwise make available through or in connection with this Website any materials that are or may:
(a) breach any person’s privacy right;
(b) protected by copyright, trademark, trade secret, or any other propriety right;
(c) defamatory or fraudulent;
(d) contain any viruses or other computer code, file, or program that is or is potentially harmful or invasive to any hardware, software, or equipment; or
(e) otherwise jeopardize the integrity of this Website.
Please read our detailed Basic Protocols described in Annexure A attached to these Terms for additional information.
3. Intellectual property
You should assume that everything you see or read on this Website is copyrighted (unless otherwise noted) and may not be used except as provided in these Terms or in the text on this Website without the written permission of Hershey India. Hershey India neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with Hershey India. Images, photographs, or illustrations displayed on this Website are either the property of, or used with permission by, Hershey India. The use of these materials by you or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on this Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights, and other properties appearing within this Website (collectively, the “Trademarks”) displayed on this Website are protected intellectual properties that are registered and unregistered trademarks of Hershey India, its affiliates, and others. Nothing contained on this Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Hershey India or such third party that may own one or more of the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.
3.3 Content provided to you
You represent to Hershey India that you are either the author of the content that you contribute to this Website, or that you have the rights (i.e., have been given permission by the rights holder) and are able to contribute such content (e.g., pictures, videos, music) to the Website.
You agree that such content will be treated as non-confidential and you grant Hershey India a royalty free, perpetual, worldwide license to use (including to disclose, reproduce, transmit, publish, or broadcast) the content you provide for purposes relating to its business.
Please note that Hershey India is free to decide whether or not to use this content and that Hershey India may already have developed similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remains with Hershey India and its licensors.
While Hershey India uses all reasonable efforts to ensure the accuracy of materials on this Website and to avoid disruptions, we are not responsible for inaccurate information, disruptions, discontinuance, or other events which may cause you damage, either direct (e.g., computer failure) or indirect (e.g., loss of profit). Any reliance upon materials on this Website shall be at your own risk.
This Website may contain links to websites outside of Hershey India. Hershey India has not reviewed these other websites and is not responsible for the contents of any off-site pages or any other websites linked to this Website. The inclusion of any link to such websites does not imply endorsement by Hershey India of the websites. You acknowledge and agree that your linking to other websites and your use of such websites is at your own risk.
You may link your personal, non-commercial website to this Website, provided that you use the exact homepage url of this Website (e.g., no deep linking) and do not suggest in any way that you are affiliated with or endorsed by Hershey India. You must not use “framing” or similar practices, and you must ensure that the link to this Website opens in a new window. Please note that Hershey India reserves the right to refuse any request to link to this Website, for any reason we consider not to be in the best interest of this Website and its users. We link to organizations which are business-related only. Before making any link, we will review the overall content of the prospective website. We reserve the right not to link, or remove the link, to a particular website at any time.
6. General Provisions
Hershey India reserves the right to make changes to these Terms from time to time by posting a revised version of these Terms on this Website, and your continued use of this Website thereafter will constitute agreement with such revisions. Additionally, we may, at any time and without liability, modify or discontinue all or part of this Website. Hershey products are available in many parts of the world. However, this Website may describe products that are not available worldwide. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
7. Governing Laws and Jurisdiction
This Website is intended for users from India only. Hershey India makes no representation that the products and the content of this Website are appropriate or available in locations other than India.
These Terms shall be governed by and constructed in accordance with the laws of India. You and Hershey India agree that any claim or dispute between the parties relating to this Website shall be brought before the courts of Mumbai, India.
The materials provided on this Website could include technical inaccuracies or other errors. YOUR USE AND BROWSING OF THIS WEBSITE IS AT YOUR RISK. NEITHER HERSHEY INDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (COLLECTIVELY, "DAMAGES") ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE. HERSHEY INDIA DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIAL PROVIDED ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Contact us
This Website is operated by Hershey India Private Limited.
If you have any question or comment regarding this Website or these Terms, please feel free to contact us:
Hershey India Private Limited,
Schindler House, Hiranandani Gardens,
Powai, Mumbai - 400076