Terms and Conditions (“User Agreement”)

 

Freshalicious Super Bazaar Pvt Ltd (“FSBPL”) is the licensee of the brand fthdaily.com and the website www.fthdaily.com (“The Site”) from Freshtohome Foods Pvt Ltd (“FFPL”).

 

Customer Registration and Privacy Policy

The site provides for registration process to serve its Customer better and may now or in the future collect the following personally identifiable information to serve you better: a) Name including first and last name; b) email address; c) mobile phone numbers and contact details; d) Postal Pin code; e) Personal demographic profile like your age, gender, occupation, location, education, address etc., By completing the registration or placing an order, the Customer agrees to receive promotional and transactional communication, text messages, mobile notifications, phone calls and newsletters from FSBPL and FFPL. The Customer can opt out by contacting the customer service at support@fthdaily.com. Other than to FFPL, we will never provide your information to third party companies or outside agencies for commercial purposes. However, the Site may contain links to other web sites that we do not manage directly such as Google Analytics used to understand and optimize user’s behavior. FSBPL shall not be responsible for the privacy policies of such external web sites.

 

Who Can Sign Up  

Any person can sign up for services provided he or she is competent to enter into a contract. Section 11 of the Indian Contract Act, 1872 specifies that every person is competent to contract provided he or she has attained the age of 18 years, is of sound mind and not disqualified from contracting by any other law to which he or she is subject to.

 

Terms of Site access 

FSBPL grants customers limited access rights for personal use on this site and not to download (other than page caching) or edit any portion of it.  The access to this site is for personal use of the Customer and not for any commercial use or to access its contents to collect and use of product listings, descriptions, or prices; any derivative use of this site or any use of data mining, robots, or similar data gathering and extraction tools. No portions of this site may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of FSBPL Further no Customer is authorized to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Site without express written consent. Any unauthorized use automatically terminates the permission granted by FSBPL

 

Product liability, Guarantees or warranty

All products sold on this site is without any guarantees or warranty.

NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, THE PRODUCTS TO WHICH THE INFORMATION MENTIONS MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION MENTIONS. IN NO CASE SHALL THE INFORMATION BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE.

In no event shall FSBPL be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of its products.

 

Pricing  

Prices displayed for all the products on www.fthdaily.com exclude GST. The prices of all products mentioned at the time of ordering will be charged on the date of the delivery except for fresh food products. In case fresh food prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order. 

 

Order Cancellation 

A Customer can opt to cancel order within 1 hour for the order placed either online or by calling our customer service and receive refund of advance paid if any. FSBPL reserves the right to cancel any order if it suspects any fraudulent transaction by a Customer or breaches the terms & conditions of using the website

 

Return & Refunds  

FSBPL believes in Centum Customer satisfaction and "no questions asked return and refund policy" for issues relating to quality or freshness of its supplies. Given that the orders are lower in size and its hard to refund for cash on delivery orders, the refunds will be applied to the subsequent shopping bills. 

 

Customer Acceptance 

I hereby agree upon:

To pay extra cost claimed by FSBPL in the case of redelivery due to wrong name or address or any other wrong information provided while booking order.

To use www.fthdaily.com site to transact for lawful purposes in compliance with all applicable laws and regulation.

To provide authentic and true information in all instances and authorize FSBPL to validate the information provided at any point to time and reject registration if any details are found to be untrue wholly or partly.

To access the services made available on www.fthdaily.com and to transact business at my own risk after using best and prudent judgement as a well-informed Customer.

That the delivery address provided is correct and proper in all respects.

That the product descriptions have been carefully checked before placing the order and agree to be bound by the terms and conditions of sale.

 

Obligations of Visitor / Customer 

I hereby unconditionally undertake not to use www.fthdaily.com for:

Disseminating any objectionable material, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or any unlawful activity.

To transmit material that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. 

To gain unauthorized access to other computer network systems.

Interfere with any other person's right to use or enjoyment of the Site.

Breach applicable laws.

Interfere or disrupt networks or web sites connected to the Site. 

Make, transmit or store electronic copies of materials protected by copyright without the permission of the owner. 

To post customer review feedback in violation of this policy or right of  any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and  cause injury to any person or entity. 

To post comments containing libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Customer feedback submitted on www.fthdaily.com.

To be solely responsible for the content of any Customer Feedback made and agree upon to indemnify FSBPL for all claims resulting from such Customer Feedback submitted.  

 

Pictures & Colors  

FSBPL has have made every effort to display the products and its colors on the Website as accurately as possible. FSBPL does not guarantee nor take responsibility for variations in pictorial representations for fresh foods and color variation due to technical reasons.

 

Right to Modify Terms & Conditions of Service  

FSBPL reserves unconditional right to modify terms and conditions of transacting business on www.fthdaily.com without any prior notification and consent of customers.  When a registered customer accesses  www.fthdaily.com he or she is deemed to have accepted the latest version of the Terms & Conditions on the Site. 

 

Governing Law and Jurisdiction 

All disputes arising out of or in doing business on www.fthdaily.com shall be amicably settled at the first instance by mutual discussions and negotiations. In the event the dispute is not resolved then the same may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment of statutory modification thereof. The arbitration proceedings shall be in the English language and shall be held in Bangalore. The award of the arbitral tribunal shall be final and binding upon the parties and no appeal against the same shalt lie to any court. The courts of competent jurisdiction in Bangalore shall have exclusive jurisdiction over any dispute, differences or claims arising out of this agreement.

 

Customer Reviews & Feedback

Customer reviews, comments, feedback, postcards, suggestions, ideas, and other submissions submitted or offered on www.fthdaily.com in connection with use of this Site (collectively, the "Feedback") shall be and remain the property of FSBPL with rights to share the same with FFPL. The Customer review and feedback made on the site shall constitute an assignment to FSBPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback and FSBPL shall have exclusive rights, titles and interests therein without being limited in any way for its use, commercial or otherwise, of the Feedback. Further FSBPL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Feedback submitted for any purpose whatsoever, without restriction and without compensating Customer in any way. FSBPL shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments.

FSBPL reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. FSBPL does not take any responsibility or assume liability for any Feedback submitted by Customers or any third party.

 

Copyright & Trademark Rights 

The Customer acknowledges that access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of FSBPL or any third party's intellectual property rights. FSBPL and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on www.fthdaily.com

All rights, including copyright, on this website is owned by FSBPL. 

Any use of this website or its contents, including copying or storing it either in whole or part, is prohibited without the permission of FSBPL. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of FSBPL, its affiliates, its partners or its suppliers / respective companies. References on www.fthdaily.com to any names, marks, products or services of third parties or hypertext links to third party sites or information provided is solely for customer convenience and does not in any way constitute or imply FSBPL endorsement, sponsorship or recommendation of the third party, information, product or service. FSBPL is not responsible for content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. Customers deciding to link to any such third-party websites, are doing entirely at their own risk. 

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials hosted on www.fthdaily.com (collectively, the "Promotional Material") are intended solely for customer convenience. All software used in www.fthdaily.com is the property of FSBPL or its licensees and suppliers and protected by copyright laws. 

The Contents and software in www.fthdaily.com are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, of the Contents on this Website is strictly prohibited. All Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by FSBPL, one of its affiliates or by third parties who have licensed their materials to FSBPL and are protected by copyright laws. 

The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of FSBPL and is also protected by copyright laws.

 

Objectionable Material 

While all IT security measures are taken to ensure wholesome and socially acceptable content is available on www.fthdaily.com, notwithstanding the best efforts the customer understands and accepts the risk that while using this Site or any services provided on the www.fthdaily.com, one may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such.  FSBPL and its affiliates shall have no liability to Customer for Content that may be deemed offensive, indecent, or objectionable to you.

 

Indemnity 

As a Customer, I hereby agree upon to defend, indemnify and hold harmless FSBPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon my actions or inactions, which may result in any loss or liability to FSBPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any obligations under this User Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service to other subscribers and infringement of intellectual property or other rights.  

This clause shall survive the expiry or termination of this User Agreement. We may terminate this User Agreement at any time, without notice or liability to FSBPL.

 

e-wallet Services

By clicking the check box of T&Cs you are accepting T&C’s and thereby request you to carefully read, understand before registering for, accessing or using the wallet before availing e-wallet services offered by FSBPL (“e -wallet). The e-wallet issued is a closed wallet and provided by Freshalicious Super Bazaar Private Limited, a private limited company registered under the Companies Act, 2013 having its registered office at # 003, Classique Mansion, 6th Cross, HAL 2nd Stage, Old Airport Bangalore, Karnataka 560008.

After successful registration Customer using e-wallet may load amounts in  e-wallet through their credit or debit cards, net banking ( except prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards) and the amounts in e-wallet may be used for making payments towards transactions done by Customer. Customer shall not be permitted to make any cash withdrawals from the e- wallet and open more than 1 (one) e-wallet account.

You may note that any transfer other than for purchases with FSBPL or withdrawing money from e-Wallet is not allowed. Any outstanding credit in the e-wallet must be utilized only to make payments for bona fide transactions with only FSBPL and no interest is payable on amount standing to the credit of Customer’s e-wallet.

The sum charged to e-wallet towards making payments for any transaction shall be automatically debited from your e-wallet and the sum standing to your credit is automatically reduced.

The maximum amount you may add money into your e-wallet is INR 10,000 (Rupees Ten Thousand) per month and this limit is inclusive of any credits in your e-wallet.

These limits may be reviewed and modified at the discretion of FSBPL without prior intimation to the Customer.

All transactions relating transfer in and payout from e-wallet is exclusive responsibility of Customer and FSBPL is not responsible for any erroneous execution of transactions and records of FSBPL is final conclusive evidence of transactions carried out from e-wallet. FSBPL shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the communication service provider.

FSBPL reserves the right to suspend/discontinue e-wallet services to you at any time, for any cause, including, but not limited, to the following-

e-wallet lapse and Forfeiture of balance.

There is no expiry for your e-wallet account and it shall remain active if at least 1 (one) transaction is made in preceding 12 months from the date of last transaction, failing which the amount will be forfeited and e-wallet account closed.  In order to avoid forfeiture of the amount and lapse of your account, you will receive a reminder about the expiry of e-wallet account and the amount standing to the credit one month in advance, by an SMS / email to your registered email address / mobile phone.

 

Please reach out to support@fthdaily.com for any grievance related to this Agreement.