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This Agreement governs you use of this Platform, use of the trade name - Freshful ("Business Name"), offer of products for purchase on this Platform, and / or your purchase of products available on this Platform.
For the purposes of this Agreement, wherever the context so requires "You" or "User" shall mean any person including any natural or legal person who uses the Platform or buys any product from the Platform using any computer systems or other devices including but not limited to any mobile device, handheld device and tablets.
This Agreement includes, and incorporates by reference, the policies and guidelines referred to in this Agreement. In the event of any conflict between the terms of this Agreement and any provision of such polices and guidelines, the terms of this Agreement shall prevail in relation to the subject matter hereof and the terms of such polices and guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to carefully read all such policies and guidelines, as available on the Platform.
This Platform offers for sale various products including food products (the "Products"). By placing an order for Products through this Platform, you agree to the terms set forth in this Agreement.
Unless you notify in writing our third party vendors or Freshful advisors, of your intention to opt out from further direct and indirect marketing communications and solicitations, you are agreeing to continue to receive emails, calls and messages through other mediums which Freshful may adopt from time to time including but not limited to text messages for soliciting Products.
Freshful has proprietary rights and trade secrets in the Products. You shall not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Freshful. We also have rights to all trademarks and trade dress and specific layouts of this Webpage, including calls to action, text placement, images and other information.
In addition to making Products available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites, mobile application about nutritional and dietary supplements. Freshful does not always create the information offered on this Platform; instead the information is often gathered from other sources. To the extent that Freshful does create the content on this Platform, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws.
You acknowledge that your use of the content on this Platform is for personal, non-commercial use. Any links to third-party websites and mobile applications are provided solely as a convenience to you. Freshful does not endorse the contents on any such third-party websites and mobile applications. Freshful is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites and mobile applications. If you link to third-party websites, you do so at your own risk.
Persons who can form legally binding contracts under Indian Contract Act, 1872 (Act) are only eligible to use the Platform. Persons who are "incompetent to contract" within the meaning of the Act are not eligible to use the Platform. If you are under the age of 18 years (minor), you shall not register as a user and shall not transact on or use the Platform. Legal guardian or parents can transact or use the Platform on behalf of minor. Freshful reserves the right to terminate your membership and/or refuse access to the Platform upon acquiring actual knowledge that you are under the age of 18 years. Use of Platform; Freshful is not responsible for any damages resulting from use of this Platform by anyone. You will not use the Platform for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not resell material on the Platform, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Platform License. By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, non-commercial, use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Freshful or the applicable third party (if third party content is at issue).
By posting, storing, or transmitting any content on the Platform, you hereby grant Freshful a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Freshful does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. Freshful is not liable for any damage or harm resulting from any posts by or interactions between users. Freshful reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content Freshful deems objectionable, at its sole discretion.
Your use of this Platform and/or products are at your sole risk. The Platform and Products are offered on an "as is" and "as available" basis. To the extent permitted under applicable laws, Freshful expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Platform contents, or any reliance upon or use of the Platform content or Products.
Without limiting the generality of the foregoing, Freshful makes no warranty: That the information provided on this Platform is accurate, reliable, complete, or timely. The links to third-party Platforms are to information that is accurate, reliable, complete, and timely.
No advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein as to the results that may be obtained from the use of the Products or that defects in products will be corrected.
The entire liability of Freshful and your exclusive remedy, in law, in equity, or otherwise, with respect to the Platform content and Products and/or for any breach of this Agreement is solely limited to the amount you paid in last one month from any such claim arising, less shipping and handling costs and taxes, for Products purchased via the Platform.
To the extent permitted under applicable laws, Freshful will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (1) the use or the inability to use the Platform content or Products; (2) the cost of procuring substitute Products or content; (3) any Products purchased or obtained or transactions entered into through the Platform; or (4) any lost profits you allege.
You will release, indemnify, defend and hold harmless Freshful and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Products or your use of the Products ; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Freshful. When Freshful is threatened with suit or sued by a third party, Freshful may seek written assurances from you concerning your promise to indemnify Freshful; your failure to provide such assurances may be considered by Freshful to be a material breach of this Agreement. Freshful will have the right to participate in any defence by you of a third-party claim related to your use of any of the Platform content or Products, with counsel of Freshful choice at its expense. Freshful will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Freshful against any claim, but you must receive Freshful prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Products.
The quantity of any Product ordered by you and the quantity of Product supplied to you may vary. Please note that while we take utmost care to supply exact quantity of Product ordered by you, due to the nature of Products, it is not possible that the exact quantity of Product that you have ordered will be supplied.
The price displayed on the Platform is in relation to the particular quantity of Product as provided on the Platform and against such Product. Therefore, the price displayed for your order will also be on the basis of the weight / description of the Product ordered by you. However, the actual amount charged to you will be on the basis of the actual amount / quantity of Product delivered to you. Any difference in estimated price and actual price shall be adjusted by making a refund by Freshful or payment of difference by you to Freshful. Any excess amount paid by you shall be refunded to you and the mode of refund shall be as determined by Freshful from time to time, such as, credit to Freshful wallet, credit through Freshful points, crediting any other mobile wallet that you may use. Any additional amount that you are liable to pay, shall be collected at the time of delivery of the Product.
Freshful may charge such delivery and handling charges as it may in its sole discretion determine from time to time and applicable taxes. At present, Freshful charges Rs. 15 (Rupees fifteen Only)inclusive of delivery and, handling charges and taxes, if applicable. Freshful may in its sole and absolute discretion, without giving any prior notice, may revise such all-inclusive charge.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.
Freshful reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at Platform.
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