TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESS TO THIS WEBSITE SHALL BE DEEMED TO BE AN ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE AND YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD ALL OF ITS CONTENTS AND IMPLICATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

1. Information about us

This Website is operated by, Apparel Gateway Café India Private Limited having its registered office at 907 B, Mittal Commercia, Asanpada Road, Marol Naka, Andheri (E), Mumbai 400059 (herein after referred to as “Company”, “We” “Our” or “Us” as the case may be).

2. Website Terms and Conditions

2.1. These Terms and Conditions apply to your use of the Website. By accessing, browsing, using or registering on this Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. Please check the Website at regular intervals to determine whether our Terms and Conditions have been updated. Any new terms will automatically be effective when they are published on this Website. Those who choose to access this site from locations other than India do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any rights not expressly granted herein are reserved.
2.2. We reserve the right to:
  • amend our Terms and Conditions;
  • refuse any user access to our Website;
  • suspend or terminate user accounts;
  • modify or withdraw (temporarily or permanently) this Website without notice.
2.3. As long as you comply with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable right, to use our Website for your personal and non-commercial use.
2.4. The terms and conditions related to the Products, Return, Cancellation and Refund of the payment shall be governed by the policies as displayed on this website.

3. Registration

You may register as a customer of the Company and as part of the registration process you will need to select a password which is in accordance with our password policy. You are solely responsible for the security of your password and account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. We would be storing your information to be able enhance your experience when you use the Website.

4. Intellectual property

4.1. All copyright, trademarks and other intellectual property rights in all material, content or software comprised in the Website, including emails or any other form of communication with you is protected by copyright right laws and shall remain at all times vested in Us or, where relevant, our Franchisor.
4.2. You are permitted to use the content posted on the Website only as expressly authorised by us. You may not extract, reproduce, distribute, republish, download, display, post, transmit, or copy in any form or by any means and/or utilise the whole or any part of the Website or its content without our express written consent.
4.3. The brand names and logos indicated on this Website and all related emails are owned by Us or by our Franchisor in the territories in which we operate.
4.4. We may provide the functionality to allow customers to provide Product ratings and reviews (“User Content”) in relation to the Products. If so, customers are solely responsible for such User Content, and you warrant that any User Content you post is accurate and that you are the sole author. You hereby assign to us all intellectual property rights in any User Content you post on the Website. We reserve the right to remove User Content which in our sole opinion is deemed to be incorrect, offensive, illegal or otherwise unacceptable.

5. Copyright, authors' rights and database rights

5.1. All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or Franchisor and is protected by Intellectual Property Laws of India.
5.2. You agree that you shall not create and/ or publish your own database that reflects in whole or part the contents from this Website without our express written consent.

6. Disclaimer of Warranties and Limitation of liability

6.1. While we will use reasonable endeavours to verify the accuracy of any information we place on this Website, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through this Website or with customer services (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade).
6.2. Your use of this Website and/or Products is at your own risk.
6.3. Although this Website follows high levels of Information Security Standards, we make no warranty that this Website will meet your requirements or will be uninterrupted or error/defect free the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
6.4. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for:
  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages in any way connected with the use or performance of the Website suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.

7. Indemnification

You agree to defend, indemnify and hold “Apparel Gateway Café India Private Limited” and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the website, your placement or transmission of any message, content, information, software or other materials through the website, or your breach or violation of the law or of these Terms & Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with “Apparel Gateway Café India Private Limited’s” defense of such claim.

8. Limited Personal Use

You may access and view the content on the website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the website, make single copies or prints of the content on the website for your personal, internal use only. Use of the website and the services offered on or through the website, are only for your personal, non-commercial use.

9. Termination/Discontinuation of Services/Website

“Apparel Gateway Café India Private Limited” may terminate, change, suspend or discontinue any aspect of the website or the website’s services at any time.

10. Submission of Ideas

Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about the Company, our Sites and our products (collectively, "Ideas"). Ideas, whether posted to the Sites or provided to the Company by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

11. Third Party Content

The Company may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.

12. Advertisements and Promotions; Third-Party Products and Services

The Company may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms and conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Sites.

13. General

13.1. Entire Agreement
These Terms and Conditions set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
13.2. Governing Law
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
13.3. Waiver
If you breach these Terms and Conditions and we take no immediate action, this does not mean that we will not be entitled to assert our rights and remedies at a later date.
13.4. Survival
Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Contact Us

If you have any questions or concerns about the Terms and Conditions or its implementation please contact us via e-mail or at the following address:
Address: 907, B Wing, 9th Floor, Mittal Commercial, Off. Andheri-Kurla Road, Andheri (East), Mumbai – 400 059
e-mail id: telltims@timhortonsindia.com

For any queries or feedback,
Please send us an email on

telltims@timhortonsindia.com