This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using this Website you agree and acknowledge to be bound by these Terms.
Purpose of a website and list of services
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use freshca.in, including any sub domains, WebPages or extension of freshca.in (Website) and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of freshca.in and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a user of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website.
Amendment: The Company reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by freshca.in Rules and Policies as provided from time to time.
This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or user on the Website.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Registration and Communication
Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Company, its employees or associates will not be responsible in any manner for any kind of losses whatsoever occurring from such breach of secrecy of your username and password.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
User may only register with freshca.in if you have the necessary technical requirements at your disposal. The availability and the proper functioning of these technical requirements are the sole responsibility of the user.
The options/features chosen by the user will be available to the user for the duration (herein after known as the ‘Availability period’) as mentioned against each in the ‘Home’ webpage of freshca.in. All users are to ensure that they read and adhere to these instructions for using various features of website. The user agrees that freshca.in shall not be held responsible in event of any occurrence due to the non adherence of these instructions which prevents the user from using the website as designed or due to any reasons over which freshca.in have no control.
You understand and agree that the Company and the Website merely provide hosting services to its users who browse the Website for our services. You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
You are responsible for paying all charges/ fees (if any) associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website.
freshca.in uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
Customer may be able to pay via Debit card, credit card or Net banking. The Cash on delivery function will be introduced in the website as per Gaba Care Pvt. Ltd. management decision. No credit card or financial details will be stored on the website.
The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors.
In case of any technical failures which may lead to non-delivery of services to the user, the user shall send his/her refund complaint on email@example.com. Company agrees to perform investigation for the said complaint and may refund the payment in 10 working days from the date of complaint if requisite evidences of such failures are found during such investigation.
Services Activation and Delivery Policy
Transaction confirmation e-mail– After the due payment for the selected item, the user will get an e-mail containing transaction details and acknowledging of all details of the selected item to start delivery process.
Delivery – User will receive ordered goods according to the chosen item between 3 to 7 days of completion of all the due procedures and receipt of transaction email. It may get delayed due to Force majeure situations as mentioned in the later part of this contract.
Online service is not possible during maintenance periods. The user shall be informed about maintenance periods, if any.
The user agrees and acknowledges that freshca.in shall not be held responsible for any problems that may arise during the course of the usage due to the internet malfunction/connectivity issues and when the website is closed for maintenance / updating with prior notice.
- If the customer receives an incorrect product / damaged product than he has to contact the customer care or have to send an email. In this case the Courier charges will be borne by the company & the product will be delivered in 7 working days post receiving the damaged or incorrect product.
- If the customer has paid twice for the same product than he has to inform the company about the duplicate transaction so that the company can process the refund. The refund will be done in 15 days after deducting 2.5% processing charges for those orders.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, cryptolockers, ransom-wares or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back-up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other person’s business or interests on the Website unless permitted by the Company in writing.
Obligations to read product usage instructions carefully as described on the Package
It is mandatory to read instructions on Packaged product before its usage on the ground that scent product contains govt. permitted alcohol chemicals and other materials which if not used properly may create damage to a human body.
Any negligence in reading such instructions and related damages shall not be entertained by the company.
Obligations under Indian Cyber Laws
You agree and acknowledge that
- You shall not use this Website for any purpose that is unlawful and illegal.
- You shall not try to penetrate the website and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our website.
- You shall not use this website for publishing or promoting or transmitting pornographic data or child pornographic details.
- You shall not carry out any web jacking attacks on this website.
- You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences; sections 65, 66, 66A,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address details.
- You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages for business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
Third Party Links
We may choose from time to time to provide links to various third-party websites from the Website. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such websites. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such websites.
Information, newsletters and every other feature may be added to and removed from the website without notice. The Information, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep Materials up to date but Users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and Materials are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties 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 the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
Intellectual Property Rights
All intellectual property rights and other rights in the Service and Materials (in both machine readable and printed form) belong to company only. Authorized Users and Users acquire no proprietary interest in the Service or Materials and except as expressly permitted by these terms and conditions and may not use the Service or the Materials in any way that infringes the intellectual property rights in them.
Authorized Users and Users may not obscure or remove any copyright notices that appear on Materials printed from the Service.
Any derived values, calculations or reports created using our Data must be declared to and authorized by us, prior to being implemented or used by the user.
The content, organization, graphics, questions, answers, software, design, style, Interface, compilation, digital conversion and every other matters related to the Site are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “freshca.in” and other marks are either trademarks or registered trademarks of Gaba Care Pvt. Ltd. based in surat, Gujarat, India.
The user/purchaser unequivocally agrees to ensure that in event of claiming a copyright violation the user/purchaser will undertake to first inform us through all available means provided in the website of freshca.in about the nature of copyright violation and undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame.,
Other products/services, company names, brand names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the site except as allowed by this agreements is strictly prohibited. You agree and acknowledge that you do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by freshca.in does not constitute a waiver of any rights in such information and materials.
Users shall not:
- make copies of Materials for distribution to Unauthorized Persons;
- make the Service or any Materials available to Unauthorized Persons on any network;
- abstract, download, store, reproduce, transmit, display, copy, distribute or use the Materials other than as permitted;
- decompile, disassemble or reverse engineer any of the computers, software programs, databases or other systems used by us to provide the Service;
- use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users
Limited liability clause
You agree and acknowledge that in no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Pay Facility, or any other services under this User Agreement. Further, The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Pay Facility will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Pay Facility.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the Website, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to email@example.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the Website or the Pay Facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Surat, Gujarat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Surat, Gujarat, India shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.
This Agreement may not be assigned or sublet by the user without the prior written consent of us.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.