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Terms & condition
The App is only a technology platform which operates as an online marketplace and allows you to undertake transactions and place orders with third party vendors for the purchase of food and other consumable products, including but not limited to fruits, vegetables, dairy products, groceries, spices and other similar products. The products listed on the App are sold by the third party vendors and we are not and cannot be a party to or control in any manner any transaction between you and such third party vendors. Although we take adequate measures to safeguard your interests as a consumer, we are not responsible if any product listed on the App and purchased by you is manufactured, processed, stored, handled, packaged, labeled, marketed and/ or distributed in contravention of the standards prescribed by the Food Safety and Standards Authority of India, and any complaints or information in this regard should be addressed to the manufacturer and/or third party vendor of such product(s). We do not undertake any responsibility with regard to any misleading information pertaining to any product listed on our App in contravention of the Food Safety and Standards Act, 2006 and rules and regulations made there under.
3. REFERRAL POLICY
A. REFERRAL CREDITS
By participating in the referral program, you may be eligible to earn referral credits for new users in the city who have downloaded the iOrderFresh App using your referral code, register for the iOrderFresh services and complete their first delivery. We reserve the right to change the amount or type of referral credits offered, or to cease offering referral credits, at any time in our sole discretion.
B. PAYMENT OF REFERRAL CREDITS
If you are eligible under this Agreement, we will compensate you for referral credits that you earn through the referral program within forty eight (48) hours. We will notify you via email/SMS to the registered e-mail address/registered number you provided to us at the time of registration, we are not responsible or liable for the inability to provide referral credits due to inaccurate iOrderFresh account or payment account information provided by you. In addition, finally, if we determine that payment of referral credits to you in any jurisdiction is illegal under applicable laws, then we may reserve the right to not give referral credits in that jurisdiction.
C. EXCEPTIONS TO EARNING REFERRAL CREDITS
You may not be eligible to earn a referral credits under certain circumstances, including, without limitation, the following scenarios:
1. A New iOrderFresh user who has not registered using your referral code.
2. Transactions where you and the new iOrderFresh user are the same person;
3. A New iOrderFresh user originates from your referral code in error or via fraudulent or illegal means; and
4. Transactions where you and new iOrderFresh user originates from the same address
4. ELIGIBILITY OF USERS
In order to access, use, or undertake transactions of any kind using our Website and/or App, you must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing or undertaking transactions on our Website and/or App, you hereby agree and represent that you are either of legal age and competent to enter into a contract under the Indian Contracts Act, 1872 or you have the permission of your parent and/or guardian to do so.
5. PROPRIETARY RIGHTS AND LICENSE
All content and materials, including, but not limited to product listings, description, prices, images, text, illustrations, designs, icons, photographs, product names, logos, service names, design marks, slogans, programs, software, music clips or downloads, video clips and written and other proprietary information (including page layout, or form) that are part of the Website and/or the App (collectively, the "Content") are intended solely for personal, non-commercial use. The Content on our Website and/or App may be used only as a shopping resource. We grant you a limited sub-license to access and make personal use of the Website and/or App and to temporarily download one copy of the Content available on the App for personal, noncommercial transitory viewing only. The said license does not include any resale, derivative or commercial use of the Content; any downloading or copying of product or other information for the benefit of another merchant and/or intermediary; or any use of data mining, or similar data gathering and extraction tools. Any Content or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose or for any public display (commercial or non-commercial) without our express written consent. Any attempt to decompile or reverse engineer any software contained in the App; or to remove any copyright or other proprietary notations from the Content; or transfer any Content to another person or “mirror” the Content or any part thereof on any other server; or use of any meta tags utilizing our Content is strictly prohibited and will be considered as unauthorized use under these Terms resulting in termination of the permission granted to you under this license.
6. CONDITIONS OF USE
By accessing the Website and/or App, you hereby agree and undertake not to use or share any information on the Website and/or App that:
(i) belongs to another person and to which the user does not have any right to;
(ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
As a customer making any transaction using our Website and/or App, you hereby understand and agree to the following:
(i) You are accessing the services available on this Website and/or App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Website and/or App;
(ii) You will provide authentic and true information in all instances where such information is requested of you pertaining to any transaction undertaken using our Website and/or App. We reserve the right to confirm and validate the information and other details provided by you at any point of time after you register with us. If upon confirmation your details are found to be untrue (wholly or partly), we reserve the discretion to reject your registration and debar you from using the services offered on our Website and/or App and / or other affiliated websites without prior intimation whatsoever;
(iii) The address at which delivery of your order is to be made must be correct and proper in all respects. In the event that we fail to deliver an order/orders made by you on account of any incorrect information provided by you (including, but not limited to your name and/or desired delivery address) any extra cost incurred by us for rerouting delivery shall be claimed from you;
(iv) Before placing an order you will check the product description carefully. By placing an order for a product(s) you agree to be bound by the conditions of sale included in the item's description, and such product/products cannot be returned as long as they comply with their respective product descriptions, and no complaints for return or refund shall be entertained in respect of such product/products.
(v) You hereby acknowledge that the terms of agreement with your respective mobile network provider shall apply while accessing the Website and/or the App. As a result of this, you may be charged by the concerned mobile network provider for using the mobile network connection, and you agree to pay such charges, as applicable, when you access the Website and/or the App either manually or automatically.
7. SIGN IN PLATFORMS AND THIRD PARTY LINKS
References on the Website and/or App to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply that we endorse, sponsor or recommend such third party, information, product or service. We are not responsible for the content of any third party sites or make any representations regarding the content or accuracy of material on such sites. If you decide to access any such third party websites, you do so entirely at your own risk.
8. SHIPPING AND DELIVERY
All orders placed by you before 12 midnight on any particular day, will be delivered to the address mentioned by you in your order by the end of the same day. Any orders placed after 12 midnight will be delivered to the address mentioned on such order, by the end of the following day. We may also provide you the option of choosing the date and time of delivery of your order at the time of placing it via our App. You understand and agree that we shall not be held responsible for failure to deliver your order for circumstances beyond our control including but not limited to strikes, adverse traffic and weather conditions, natural or man-made calamities and other acts of God.
9. PAYMENT AND PROMOTIONS
You may choose to pay for your order via any of the following options:
(i) Cash on Delivery- If you opt to use this payment mode, you are liable to pay the amount invoiced against your order to our company representative who delivers your order. We reserve the right to deliver the order only upon successful payment of the cash on delivery.
(ii) Prepaid Wallet- If you use this option to pay for your order, the amount invoiced shall be debited from your designated prepaid wallet/account set up through our third-party partner. We shall not be responsible for any payment failure arising out of any technical snag or other glitch relating to the prepaid wallet’s portal or your account with the said third-party partner. You accept that prepaid wallets are hosted by third party payment processors and usage of such prepaid wallets shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time, including but not limited to conditions imposed by the Reserve Bank of India.
(iii) Third party payment gateways- You may opt to use your valid credit or debit card or internet banking facility to pay for your order. In such a case, you agree to use your own, or duly authorized, credit or debit card or internet banking facility to make such payment. Upon opting to pay through this channel, we shall redirect you to such payment gateway and you understand and accept that usage of such payment gateways shall be subject to such additional terms and conditions which such third party payment gateways may prescribe from time to time. We shall not be responsible in case of any payment failure, arising out of any technical snag or other glitch relating to the payment portal of your bank, or issuer of your card. In case any amount is debited from your account/card and is not credited to our account, you may contact your bank or the third party payment gateway for refund. We shall assist in whatever manner possible.
The prices of products at the time of ordering will be the prices charged on the invoice. Although prices of most of the products do not fluctuate drastically, some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery as compared to the date of order, no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
9.2 PROMOTIONAL CODES AND COUPONS
From time to time, we may at our discretion offer promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made from your account with us. You accept that the terms and conditions applicable to each such promotional offer/coupon/code shall be at our sole discretion, which extends to the withdrawal of such promotional offer/coupon/code at any time, with or without notice.
Further by using our app and services, you hereby agree that iOrderFresh can send promotions/offers/updates via e-mail, SMS or personalized call to your registered mobile number.
10. CANCELLATION AND REFUND POLICY
10.1 CANCELLATIONS AND MODIFICATIONS
You can modify or cancel your order by calling our customer service anytime till 8 pm. In the event of any cancellation, any payments already made by you for the cancelled order or in case the value of modified order is less than the original order, we will adjust the extra amount with us as advance against supplies and give you the corresponding credit which can then be used by you to make any subsequent purchases in accordance with our policies in force ("Advance Credit"). If we suspect any fraudulent, illegal transaction by you or such transaction which breaches the Terms, we may, at our sole discretion, cancel such orders with or without notice.
10.2 REFUND POLICY
We allow you to return any product(s) purchased within 24 hours of delivery if you are not satisfied with the quality or accuracy of the product(s). In such case, you can contact our customer service and register your complaint. Upon our investigation of your complaint, we may adjust the amount equal to the value of the product(s) under dispute as Advance Credit or replace the product(s) with new ones at no extra cost. At no point will any cash be reimbursed regardless of the manner in which your payment was processed by us.
Any payments made by you in excess of the amounts invoiced against your order(s) will also be credited to your account registered with us as Advance Credit.
All refunds shall be at our sole discretion at all times.
11. REVIEWS, COMMENTS AND FEEDBACK
All reviews, comments, feedback, suggestions, ideas, complaints and other submissions disclosed, submitted or offered on the Website and/or App or otherwise disclosed, submitted or offered in connection with use of our Website and/or App (collectively, "Feedback") shall be and remain our property. Such disclosure, submission or offer of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in such Feedback. Thus, we shall exclusively own all such rights, titles and interests in the Feedback and shall be entitled to use such Feedback in any way, commercial or otherwise.
We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Feedback, and publish, display and distribute such Feedback submitted for any purpose whatsoever without restriction and without compensating you in any way. We are and shall be under no obligation to: (i) maintain any Feedback in confidence; or (ii) pay compensation for any use of such Feedback; or (iii) respond to any Feedback. You agree that any Feedback submitted by you on our Website and/or App will not violate the Terms or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. We reserve the right (but assume no obligation) to monitor, edit and/or remove any Feedback submitted on the Website and/or App. You hereby grant us the right to use names that you submit in connection with any Feedback. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback you submit. You are, and shall remain, responsible for the content of any Feedback you make and you agree to indemnify us and our affiliates against all claims, loss and liabilities resulting from any Feedback you submit. Further, any reliance placed on Feedback available on the Website and/or App from a third party shall be at your sole risk and expense.
12. DISCLAIMER AND LIMITATION OF LIABILITY
The products listed on our App are provided on "as is" and "as available" basis. We have made every effort to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your device’s screen. These products are sold to you by third party vendors and we do not make any representation or warranties in respect of the products (including their packaging and labeling) available on our App nor do we implicitly or explicitly support or endorse the sale or purchase of any products listed on our App.
These Terms are effective unless and until terminated by either party, i.e., you or us. You may terminate the Terms at any time, provided that you discontinue any further use of the App. We reserve the right to suspend or terminate your access and use of the Website and/or App if we believe, in our sole and absolute discretion, that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or otherwise acted unethically in any manner to our detriment or that of our third party vendors or other users.
Such termination will be without any liability on our part. Any such termination of these Terms shall not cancel your obligation to pay for product(s) already ordered from our App or affect any liability that may have arisen under the User Agreement prior to the date of termination.
You hereby agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and any other disbursements made in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, your actions or inactions, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-compliance with any of your obligations under these Terms, or arising out of a violation of any applicable laws, including but not limited to claims involving intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of any rights of third party vendors. This clause shall survive the expiry or termination of the Terms.
15. GOVERNING LAW
The Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall be rendered only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
17. DATA PROTECTION
18. CONTACT US
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Website and/or App, including those pertaining to breach of the Terms and/or our other polices, is as follows:
Karnick Sawhney (Manager Customer Care)
A-28, C.C. Colony