TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is an agreement between you the user (“You”) and Figtree Foods Private Limited, a company incorporated under the laws of India, having office at E 205 Basement, GK II, New Delhi and does not require any physical or digital signatures.
The Website is an electronic platform providing: a) snack food product boxes that can be availed on single order and subscription basis, b) information and other literature related to general food products through blogs and other online medium such as social networks, and such other services as are incidental and ancillary thereto.
- By browsing the Website and using the Services provided on the Website You hereby declare that You are not a minor or under the age of eighteen (18) years and are not a person barred from receiving the services/products provides through the Website under the laws as applicable in India.
- We reserve the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- Your Account and Registration Obligations
- We may make certain sections of the Website accessible to You only if You have provided Us with certain required User information and created an account on Our Website through particular log-in id and password (“Account”). You hereby agree that you while using the Website, You shall be responsible for maintaining the confidentiality of your login details and You shall be responsible for all activities that occur under your User id and Password.
- You agree that in the event We have reason to believe that You are engaging in obscenity, creating nuisance by means of comments or otherwise, We reserve the right to indefinitely suspend, terminate or block access Account, terminate membership with the Website your and refuse to provide You with access to the Website.
- Subscription and Charges
The Gogrub snack box is available as a single order of either two or four snack boxes or as a subscription box for 3 or 6 months. The snacks are not available for individual purchase. For single boxes, Users have the option of selecting their preferred snacks in the box and paying for it either through electronic transfer or through cash on delivery. For subscription boxes, the User is charged every month the prescribed amount on which the User has been billed for the particular subscription. The User also has an option of communicating their choices of snacks for each box. In case this preference is not available, it is at Our discretion that snacks will be sent to the user, and such orders will not be eligible for refunds.
We also reserve the right to change pricing on each kind of box as described above without any prior notice or consent to existing users and at our sole discretion. The price changes, however, will not affect existing subscription customers at that time.
- We may enter into agreements with third party payment service providers including Payment Gateways, Banks etc. to provide you facility of making payment for the Services on the Website. You agree to provide correct and accurate financial information, such as credit/debit card/bank account details for availing Services on the Website. You shall not use any credit/debit card or bank account or any other pre-paid instrument to pay for availing Service on the Website, which You are not lawfully authorized to do. You will be solely responsible for the security and confidentiality of Your credit/debit card details or bank account or pre‐paid instrument account. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card or bank account or pre‐paid instrument account.
- While availing any of the payment method/s offered on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: Lack of authorization for any transaction/s; or Exceeding the pre-set limit mutually agreed by You and between your “Bank/s”; or Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s.
- All payments made against the purchases/services on the Website by You shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency with respect to the purchases made on the Website.
- Communication of any Complaint
In the event of any complaint regards the products/service you may communicate the same to us through email at firstname.lastname@example.org, or by post to E205, Basement, GK2, New Delhi 110048, or call us at 0000000000 , we shall make best efforts to resolve the grievance at the earliest.
- Exchange/Refund Policy/ Cancellation of order
We offer no exchange or return of goods on single order box purchase once the order has been delivered. There are no refunds or exchanges in subscription box, but requests to include/exclude a particular snack in the subsequent box will be accommodated for subscription customers.
A single order box can be cancelled within 24 hours of placing the order, in which case the entire purchase amount will be refunded. Subscriptions can also be cancelled anytime either through our website or by writing to us at email@example.com.
- Decline order
We reserve the right to cancel any order at any time in our sole discretion. We may cancel the orders in situations such as where We are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Website policy or the order has invalid address/incorrect information or for any other reason or force majeure or suspected fraudulent transaction. However, We will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
- Use of Website
- We grant You non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the services provided therein.
- You agree to use the Website and the content provided therein only for purposes that are permitted by the Agreement and any applicable law.
- You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by Us and you shall not by any means obtain or attempt to obtain any materials, documents or information on/through the Website unless explicitly authorised in writing by Us.
- Subject to the terms of this Agreement, the Website may allow you to post comments, content, information etc. (“content”) on the Website, You represent and warrant that you own the content and have obtained all relevant consents and approvals in order to post any/all such contents and further represent that all such content is in accordance with the applicable law.
- You hereby agree and acknowledge that the We do not endorse any content posted by You on the Website and are not responsible or liable for any such content. We reserve the right to block any User or disable Your access to the Website in the event of any unacceptable content being posted by You on the Website.
- You hereby grant Us and the Website a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the content and create derivate works of the same.
- When You use the Website You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content that belongs to another person and to which the user does not have any right to; or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, infringing any intellectual property rights, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- You agree that You are solely responsible to Us and to any third party for any breach of Your obligations under this Agreement and for the consequences (including any loss or damage). Further, You agree that We do not and have no obligation to screen or monitor any content posted by You or any other user, however, We do reserve the right to monitor any/all user content and may remove any such content or user at Our sole discretion/ as per terms of this Agreement and/ or in accordance with applicable law.
- You agree and understand that We have at all times the right to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental/regulatory request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or notice to appear before any government authority.
- You agree not to access ﴾or attempt to access﴿ the Website or Services by any means other than through the interfaces that are provided by Us. You shall not use any deep‐link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
- belongs to another person and to which the user does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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
Intellectual Property Rights
16.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such contests, contained on the Website (“IPR”) owned, controlled or licensed by or to Us and is protected by copyright, trademark laws and various other intellectual property right laws.
16.2 Except as expressly provided in this Agreement, no part of the IPR on the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
We view protection of Your privacy as a very important principle. We understand clearly that you and Your personal identification information is one of our most important assets. We store and process Your Personal Identifiable Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. You agree and confirm that the mobile number provided you for creating Your Account is registered in Your name and You permit Us to contact You irrespective of Your registration with Do Not Call list of TRAI.
18.1 You hereby declare that You have provided all necessary legal details for the shipment of the product to the destination specified by You in the Order.
18.2 You further declare that the products purchased through the Website will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer of Warranties and Liability
19.1 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
19.2 Without prejudice to the foregoing paragraph, We do not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
that this Website; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Website are free of viruses or other harmful components
19.3 We will under no circumstance be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Website.
19.4 Nothing on the website constitutes, or is meant to constitute, advice of any kind;
19.5 You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by Us via phone calls and/ or SMS notifications, in case of any order or shipment or delivery related updates.
20.1 Without prejudice to other legal remedies available to us, We hereby reserve the right to limit your access to the Website, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend and/ or terminate or block your membership on the Website in the event, but not limited to:
breach of any terms of this Agreement by You.
We being unable to verify or authenticate any information provided by You provide; or
20.2. In the event We have reason to believed that Your actions may cause legal liability for You, other Users or Us, We may at any time at Our sole discretion reinstate suspended Users.
20.3 You agree that in the event You are access to the Website has been curtailed by Us You shall not or attempt to register with the Website or use the Website in any manner whatsoever until such time that Your access is reinstated by Us.
20.4 Notwithstanding the foregoing, if You breach the Terms of this Agreement We reserve the right to recover any amounts due from You to Us or to take appropriate legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
You hereby undertake and agree to indemnify and hold harmless Website, its owner/s, licensee, affiliates, subsidiaries, group companies (as applicable) 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 your breach of this Agreement or your violation of any law, rules or regulations or the rights of a third party.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi, India.
Limitation of Liability
Under no circumstances shall We or the Website be held liable for any damages including but not limited to special, incidental, indirect or consequential damages in connection with this Agreement, even if We have been informed in advance of the possibility of such damages.
We make all efforts for the description of products on the Website to be as accurate as possible, however We/ the Website does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
In the event that We come across any error in pricing of the Services or product information on the Website resulting from typographic errors with respect to pricing, We reserve the right to rectify the error and/or to cancel the order(s) and refund monies, if any, collected from You. The mode of refund will be the same as at the time of placing the order or as directed by Us at the time.