Terms and Conditions

GENERAL

Welcome to our website! By using this website (the “Masala Wala Chai” site), you

are deemed to agree to the terms set forth below as of the date of such use. If you do not want to be subject to these terms, do not use the Site. We may periodically change these Terms and Conditions of Use by updating this posting so please visit this area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site reaffirms your continuing agreement to the then-current Terms and Conditions of Use. These Terms and Conditions of Use were last updated on June 20, 2024.

WE WILL MAKE A REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT MASALA WALA CHAI LLC. AND ITS PRODUCTS ON THIS SITE; HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED HERE IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL RELEVANT INFORMATION AVAILABLE. IF YOU ARE MAKING A DIET, HEALTH OR OTHER IMPORTANT PERSONAL DECISION, PLEASE CONSULT OTHER APPROPRIATE SOURCES, INCLUDING NUTRITIONISTS, DIETITIANS, PHYSICIANS OR OTHER MEDICAL PROVIDERS.

Masala Wala Chai LLC (together, “we,” “us,” “our,” or “Masala Wala Chai”) may, at any time, modify or discontinue this Site or specific portions of it.

Site Content and Intellectual Property

The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of MASALA WALA CHAI LLC, or such third parties that may own the displayed Trademarks. The contents of the Masala Wala Chai site, such as Trademarks, copyrighted materials, such as text, graphics, images, information created or obtained from MWC’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. Nothing contained on this Site or in the Terms and Conditions serves to grant to you, by implication or otherwise, any license or right to use any Content displayed on this Site without the written permission of MWC or such third party that may own the displayed Content. RELIANCE ON ANY INFORMATION PROVIDED BY MASALA WALA CHAI LLC, MWC EMPLOYEES OR CONSULTANTS, OR OTHERS APPEARING ON THE SITE AT THE INVITATION OF MASALA WALA CHAI, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK. Information and statements on this Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.

Use of Content

Masala Wala Chai LLC authorizes you to view or download a single copy of the material on the Masala Wala Chai site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2024, Masala Wala Chai LLC, All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the MWC Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions of Use by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Masala Wala Chai or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice. All rights not expressly granted herein are reserved to Masala Wala Chai LLC and its licensors.

If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation of Liability

THE USE OF THE MASALA WALA CHAI SITE AND THE CONTENT IS AT YOUR OWN RISK. MASALA WALA CHAI LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MASALA WALA CHAI LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MASALA WALA CHAI LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,

THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MASALA WALA CHAI LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY IN SUCH SITUATIONS.

IN NO EVENT SHALL MASALA WALA CHAI LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MASALA WALA CHAI LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED

REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. However, in no event shall Masala Wala Chai LLC total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise)) exceed $1,000. Any claims arising in connection with your use of the Site, any Content, or the Forums (defined below) must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions of Use are exclusive and are limited to those expressly provided for in these Terms and Conditions of Use.

Payment Terms

Payment terms are due upon order placement unless otherwise stated.

Privacy

The information that we obtain through your use of the Site, whether through the registration process or otherwise, is subject to our Privacy Policy. The Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Masala Wala Chai LLC will not collect your data to sell to a third party, ever.

Promotions

Masala Wala Chai LLC may occasionally provide contests, sweepstakes, games and other Masala Wala Chai or third party promotions to its users. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures, all of which are hereby incorporated by reference into these Terms and Conditions of Use. Please remember to read the rules carefully before participating.