By using this Site or by clicking a box that states that you accept and agree to these terms, you are confirming that you have read, understood and accepted these terms of use. If you do not agree to these terms of use, you may not use this Site. Any complaints, grievance regarding the use or information posted on this Website and/or App, may be sent to
1.Introduction
This Website and/or App and/or any part thereof (“Website”) and the mobile based software application titled ‘EatFresh’ and/or any part thereof (“App”) is owned by EAT FRESH,1/2-A,ARKKAKADAU,EROOR P.O,ERNAKULAM,KERALA -,eat-fresh.in,(“Site Owner”). For the purposes of these Terms Of Use, the expression “User” shall mean any person (including a Registered User) who accesses or uses the Website and/or the App and ‘Registered User’ means a User who has registered himself with the Website and/or the App for availing the services provided therein. Site Owner hereby grants the User an non-exclusive, non-transferable, limited licence to use the Website and/or App, subject to the unconditional acceptance of all these terms and conditions (called “Terms” or “Terms and Conditions”) governing use of this Website and/or App and the User hereby agrees to familiarize himself/herself with the Terms and Conditions and other terms and guidelines found throughout this Website and/or App and abide by them. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Site Owner in connection with your visit to the Website and your use of the Services. If the User is dissatisfied with the Website and/or App or any portion thereof, or with any of these Terms and Conditions, the sole and exclusive remedy is to discontinue using this Website and/or App. The Website and/or App is deemed to be used by the User when it is accessed by the User by any means and/or when it is loaded and/or continues to be loaded in the temporary or permanent memory of the User’s computer or a similar system or in the internet browser thereof. Site Owner’s own records of the use of the Website and/or App and transactions concluded therein, maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The User’s use of this Website and/or App may be terminated at any time by Site Owner at the sole and absolute discretion of Site Owner, without any reason or notice required to be given.
2.Definitions
"Account" means the account of the User, created free of charge for using the Site."Products\" means the goods and services offered for sale/use through the Site. "Site\" means the Website/App and the Mobile Software “EatFresh”, owned and operated by EAT FRESH\t\"Site Owner\" means EAT FRESH,1/2-A,ARKKAKADAU,EROOR P.O,ERNAKULAM,KERALA -,eat-fresh.in,
Site Owner shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Site Owner, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Site Owner may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: Obtaining feedback in relation to Site or Site Owner’s services; and/or Obtaining feedback in relation to any Service Providers listed on the Website; and/or Resolving any complaints, information, or queries by Service Providers regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Site Owner. Site Owner’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.In case of fixing appointments through mobiles, it will be the responsibility of the User to ensure that the correct mobile number is furnished to Site Owner. Responsibilities And Obligations Of User ,The User will be responsible for all activities occurring under the User’s name and account and for keeping the User’s password secure and for maintaining its confidentiality. The User undertakes to immediately notify Site Owner of any unauthorized use of the User’s account or any other breach of security known to the User. The User is solely responsible for the content of the User’s transmissions on or through the Site.
3.The User has to be in compliance with the applicable laws and regulations, these terms, and the privacy policy of the Site, failing which Site Owner shall be entitled to terminate the User’s account/block the User’s access to the Site and remove any non-compliant Content uploaded by the User.
4.The User shall not:-
4.1.Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horses, time bombs, bots, botnets, malicious Content, Content theft, data manipulation, threats or any other harmful programs or elements or component;
4.2.Use the Site in any manner that could damage, disable, overburden, or impair the Site or take any action which is harmful or potentially harmful to any server of Site Owner, or any networks, computer systems / resource connected to any Site Owner server, or interfere with any other party\'s use and enjoyment of the Site;
4.3.Use the Site for illegal purposes;
4.4.Collect or attempt to collect personally information of any person or entity without their express written consent and the User shall maintain records of any such written consent throughout the term of this agreement and for a period of 2 years thereafter;
4.5.Engage in antisocial, disruptive, or destructive acts, including flaming, spamming, flooding and trolling, as those terms are commonly understood and used on the Internet.
4.6.Delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that the User does not own or have express permission to modify
4.7.Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
4.8.Engage in any activity that causes / may harm minors; or perform any activity which is likely to cause such harm;
4.9.Make any inappropriate, illegal or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum
4.10.Take any action which encourages or consists of any threat of harm of any kind to any person or property
4.11.Transmit through the Site, any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature.This includes text, graphics, video, programs or audio, etc.
4.12.Carry out any denial of service or any other harmful attacks on application or internet service or;
4.13.Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access of the Site.
4.14.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
4.15.Post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam,chain letters, pyramid schemes, duplicative messages or any other form of solicitation
4.16.Falsely state or otherwise misrepresent the User’s connection or affiliation with a person or entity.
4.17.Engage in any prohibited activities.
4.18.Host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
1.Belongs to another person and to which the User does not have any right to;
2.Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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;
3.Is harmful to minors in any way;
4.Infringes any patent, trademark, copyright or other proprietary rights;
5.Violates any law for the time being in force;
6.Deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
7.Impersonates another person;
8.Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9.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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
10.Allow others to use the User’s Account, as the User’s right to use the Site is personal to the User.
11.Make any commercial use of the Site without the express written consent of Site Owner.
12.Violate any applicable local, state, national and international laws and regulations in use of the Site.
Policy Relating To Posts & Comments On The Site Site Owner makes no representations as to the accuracy or completeness of any comments on the Site or any other site found by following any link on the Site. Site Owner reserves the right to edit or delete any comments submitted by the User without notice if: The comments are deemed to be spam or questionable spam The comments are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, libellous, invasive of another\'s privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever. Site Owner accepts no responsibility for the comments made on the posts and any harm resulting thereof. Site Owner shall not be liable for (a) any errors or omissions in the comments or (b) for the availability of these comments.
5.Disclaimers All effort has been taken to make the content accurate on a best efforts basis and Site Owner shall make reasonable efforts to rectify any inaccuracies that are pointed out.
All specifications, features, quality, workmanship, performance, warranties, guarantees relating to the services(s) showcased on this Site and services related thereto are from or through the Service Providers alone. Site Owner is not responsible and/or liable in any manner whatsoever for whatever is stated about the Products/Services, in relation to the performance, quality of the Products, equipment, etc. and/or also with regard to the views, opinions, etc. stated/featured in relation to the Service Provider. The User’s use of the Site is at the User’s own and sole risk. All content displayed on the Site is for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. All warranties and conditions, expressed or implied of any kind, regarding any matter, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, etc., are disclaimed and excluded. Site Owner does not warrant that descriptions or other content or prices related to the Service Providers or other information and content contained on the Site are accurate, complete, reliable, current, or error-free. Notwithstanding anything to the contrary, Site Owner’s entire liability to the User shall be the refund of the money charged from the User for any specific Appointment, under which any liability may arise. Under no circumstances shall Site Owner be liable for any indirect, incidental, special, punitive or consequential damages, any loss of profits/revenue/goodwill or any indirect or remote loss that the User or anyone claiming through the User may suffer.
Indemnity By User The User shall be liable to indemnify, defend and hold harmless Site Owner and Site Owner\'s subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys\' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms of Use.
6.Right Of Site Owner For Termination/Suspension Site Owner reserves its right to refuse service, restrict, suspend, terminate the User’s Account; terminate this agreement; terminate or suspend the User’s access to the Site; move, or remove any content, details that is available on the Site; deactivate or delete the User’s Account and all related information and files in the User’s Account; establish general practices and limits concerning use of this Site at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, the User’s right to use the Site will immediately cease, the data stored by the User in the User’s Account shall cease to be available to the User and Site Owner shall not be obliged to provide the User the same for any reason whatsoever.
7.Legal Relationship Between Site Owner & Service Provider. None of the provisions of this agreement, terms and conditions, notices or the right to use the Site by the User contained herein or any other section or pages of the Site and/or the linked sites, shall be deemed to constitute a partnership between the Service Provider and Site Owner and no party shall be deemed to be the agent of the other in any way.
8.Communication With Users Site Owner reserves the right to communicate with Users of the Site, The User hereby agrees to receive messages from Site Owner from time to time in relation to any changes or in relation to the Appointments fixed by the User irrespective of the User’s registration for Do Not Disturb/Call under TRAI regulations.
9.Force Majeure Site Owner shall have no liability to the User for any interruption or delay, to access the Site irrespective of the cause. Site Owner shall also not be liable for any failure or delay in fixing appointments which is due to any element of nature or Act of God, fire, flood, earthquake, war, explosion, acts of terrorism, governmental action, riots, insurrection, breakdown of internet connection, power failure, strikes or labour disputes
10.Governing Law And Jurisdiction These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to any conflict of laws principles. Any disputes arising out of or in respect of these Terms of Use shall be subject to the sole jurisdiction of the courts in the town of Ernakulam , Kerala, India, to the exclusion of all other courts that may otherwise have had such jurisdiction.
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