Terms of Service

OVERVIEW

This website is operated by Kizim Food India Private Limited (Brand Name Happy Panda). Throughout the site, the terms “we”, “us”, and “our” refer to Happy Panda. We offer this website, including all information, tools, and services available from this site to you the user conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or linked. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools added to the store shall also be subject to the Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update or change these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes signifies your acceptance of those changes.

Our store is hosted on Shopify Inc., providing us with the online e-commerce platform that enables us to sell our products and services to you.

 

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1 – ONLINE STORE TERMS

You must be the age of majority in your jurisdiction to use this site or provide consent for your minor dependents. You agree not to use our products for unlawful purposes or to violate any laws.

Transmission of viruses, worms, or harmful code is strictly prohibited. A breach of any of these Terms will result in immediate termination of your Services.

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2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (excluding payment details) may be transferred unencrypted and adapted for technical requirements. Payment information is always encrypted.

You agree not to duplicate, resell, or exploit any aspect of the Service or the website content without express written consent.

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3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information available on the site is not accurate, complete, or current. The material is for general information only and should not replace professional or medical advice.

We may modify site content without obligation to update you. You agree that it is your responsibility to monitor changes.

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4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue any service at any time. We are not liable for any such modifications or discontinuation.

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5 – PRODUCTS OR SERVICES

Some products may be available exclusively online and in limited quantities. Products are subject to our Returns & Refunds Policy.

We strive to display product colors and images accurately but cannot guarantee how they appear on your screen.

We reserve the right to limit product sales geographically or per customer, and to change product descriptions or discontinue products at any time.

We do not guarantee that any product will meet your expectations or that service errors will be corrected.

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6 – BILLING & ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order. We may limit quantities per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, accurate, and complete purchase and account details. Promptly update your information so we can fulfill transactions and communicate with you effectively.

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7 – OPTIONAL TOOLS

From time to time, we may provide you with access to third-party tools or applications over which we neither monitor nor have any control or input. These tools are provided to you “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We encourage you to review their privacy policies and terms and conditions before engaging with or using any such tools.

We reserve the right to modify, suspend, or discontinue access to such tools at any time, without prior notice, and without any obligation to you. Your continued use of the website following any such modifications constitutes your acceptance of the updated terms.

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8 – THIRD-PARTY LINKS

Certain content, products, and services available via our website may include materials from third parties. Third-party links on this site may direct you to websites, platforms, or services that are not affiliated with us. We do not own, operate, or control these third-party websites and are not responsible for examining or evaluating their content, accuracy, availability, or policies. We do not warrant and will not have any liability or responsibility for any third-party materials, websites, or for any other materials, products, or services provided by or through any third party.

Your interaction with or access to third-party websites is entirely at your own risk, and we strongly advise that you review their privacy policies, terms of service, and any other applicable conditions before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party and not to Happy Panda or its parent entity.

We are not liable for any loss, damage, or inconvenience caused in relation to purchases, usage, or reliance on third-party sites or offerings. Inclusion of any link does not imply endorsement by us.

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9 – USER COMMENTS AND SUBMISSIONS

If you send us any feedback, suggestions, ideas, proposals, creative content, or other submissions whether online, by email, by postal mail, or otherwise you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use such submissions in any medium. 

We are under no obligation to 

(1) maintain any submissions in confidence; 

(2) pay compensation for any submissions; 

(3) respond to any submissions.

You agree that your comments or content will not violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Additionally, your submissions must not contain unlawful, abusive, defamatory, obscene, or otherwise objectionable material. You are solely responsible for the content you provide.

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10 – PERSONAL INFORMATION

Your submission of personal data is governed by our Privacy Policy.

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11 – ERRORS AND INACCURACIES

Despite our best efforts to ensure accuracy, the information on our website may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, availability, or other content. We reserve the right to correct any such errors, inaccuracies, or omissions at any time without prior notice including after you have submitted your order.

We also reserve the right to cancel or refuse any order placed based on incorrect pricing or information, to the extent permitted by law. We are not obligated to honor inaccurate information and shall not be held liable for any resulting inconvenience or loss. We recommend reviewing product details carefully and contacting us if you notice any inconsistencies before completing a purchase.

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12 – PROHIBITED USES

You are strictly prohibited from using this website or its content for any unlawful purpose or in violation of any applicable laws and regulations. This includes, but is not limited to: engaging in fraudulent, abusive, harassing, defamatory, obscene, or harmful conduct; infringing upon our intellectual property or the rights of others; transmitting viruses or malicious code; attempting to gain unauthorized access to our systems or interfere with the site’s functionality and security.

You may not use the site to collect personal information of others, spam, phish, or engage in deceptive practices. We reserve the right to suspend or terminate your access to the website without notice if we determine that you have engaged in any prohibited activities, or violated these Terms of Use.

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13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

All products, services, and content provided through this website are offered on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind either express or implied. We do not warrant that your use of our website will be uninterrupted, timely, secure, or error-free. We also do not guarantee that any results obtained from the use of the service will be accurate or reliable.

To the fullest extent permitted by applicable law, Happy Panda, its affiliates, directors, employees, agents, or licensors shall not be held liable for any direct, indirect, incidental, punitive, or consequential damages arising from your access to or use of this website, our services, or any products purchased except where such liability cannot be excluded by law.

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14 – INDEMNIFICATION

subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim, demand, liability, damages, loss, or expense including reasonable attorneys’ fees arising out of or related to your breach of these Terms of Use, your violation of any law or the rights of a third party, or your misuse of the website or its content.

This includes, but is not limited to, any liability arising from your use of the services, submission of user content, or infringement of intellectual property or other rights. Your obligation to indemnify shall survive the termination or expiration of these Terms.

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15 – SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason under applicable law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

The remaining provisions of the Terms will continue in full force and effect. This clause ensures that the overall intent and enforceability of the agreement remain intact even if a particular provision is deemed invalid. It is our intention that these Terms be interpreted and applied in a way that is lawful, fair, and consistent with your and our rights.

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16 – TERMINATION

You may terminate your agreement to these Terms of Use at any time by discontinuing access to our website and ceasing to use our services. However, any obligations or liabilities incurred by you prior to termination shall survive termination for all purposes.

We reserve the right, at our sole discretion, to suspend or terminate your access to our website, services, or account at any time without notice, particularly if we believe you have violated any term or condition of this agreement, engaged in unlawful conduct, or compromised the security or integrity of the site.

Termination of these Terms will not limit any of our rights or remedies at law or in equity. The provisions intended to survive termination shall continue in effect.

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17 – ENTIRE AGREEMENT

These Terms of Use, together with any other policies, guidelines, or operating rules posted by Happy Panda on this website such as our Privacy Policy, Shipping Policy, and Return Policy constitute the entire agreement and understanding between you and Happy Panda regarding your access to and use of our services and website.

This agreement supersedes any prior or contemporaneous communications, proposals, or agreements, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to enforce any right shall not constitute a waiver of that right.

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18 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of India.

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19 – CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use at any time by posting the revised version on this page. It is your responsibility to review this page periodically for any updates or modifications. Changes will take effect immediately upon being posted.

Your continued use of the website or our services following the posting of any changes constitutes your acceptance of those revised Terms. If you do not agree with the updated terms, you must discontinue use of the website and services.

We may also notify you of significant changes via email or other contact methods, where applicable, but we are not obligated to do so.

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20 – CONTACT INFORMATION

For any questions regarding these Terms, please contact us at:
support@happypanda.baby