Term & Conditions
TERMS OF SERVICE
These Terms of Service (Agreement) apply to the
use of website www.freshpik.co.in ("Website"),
the FreshPik mobile application on Android devices including phones, tablets or
any other electronic device ("FreshPik App") and the mobile site - www.freshpik.co.in ("Msite");
whereas the Website, the FreshPik App and the Msite are together referred to as
the "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 of GROWVET
INTERNATIONAL using any computer system or other device including but not
limited to any mobile device, handheld device and tablet and GROWVET
INTERNATIONAL.
ACCEPTANCE
GROWVET INTERNATIONAL encourages you to review this
Agreement whenever you visit the Platform to make sure that you understand the
terms and conditions governing the use of the Platform and / or the purchase of
Products (defined below). This Agreement does not alter in any way the
terms or conditions of any other written agreement you may have with GROWVET
INTERNATIONAL for other products or services. In the event of any conflict
between the terms of this Agreement and any other agreement executed with you,
the terms of such other agreement shall prevail in relation to the subject
matter thereof.
If you do not agree with this Agreement (including
any policies or guidelines referred to herein), please immediately terminate
your use of the Platform. If you would like to print this Agreement, please
click the print button on your browser toolbar.
ELIGIBILITY
You hereby represent and warrant that you are at
least eighteen (18) years of age or above and are fully able and competent to
understand and agree to the terms and conditions set forth in this Agreement.
GROWVET INTERNATIONAL reserves the right to
terminate your membership and/or refuse access to the Platform, if you are
below eighteen (18) years of age or otherwise incompetent to contract as per
applicable law.
TERMS OF USE
We grant you a limited, non-exclusive,
non-transferable, and revocable license to use our Platform, subject to the
terms of this Agreement. You agree that you will not violate any laws in
connection with your use of the Platform or interfere with or try to disrupt
the Platform.
You understand and accept that all information,
data, text, software, music, sound, photographs, graphics, audio, video,
message or other material appearing on the Platform including the brand name - FreshPik
(collectively, Content) are owned by GROWVET INTERNATIONAL or it's licensors.
You are expressly prohibited from using any Content without the express written
consent of GROWVET INTERNATIONAL or it's licensors. Except as otherwise stated
in this Agreement, none of the Content may be reproduced, distributed,
republished, downloaded, displayed, posted, transmitted, or copied in any form
or by any means, without the prior written permission of GROWVET INTERNATIONAL,
and/or the appropriate licensor. Permission is granted to display, copy,
distribute, and download the materials on the Platform solely for your
personal, non-commercial use provided that you make no modifications to the
materials and that all copyright and other proprietary notices contained in the
materials are retained. You may not, without GROWVET INTERNATIONALs express
written permission, 'mirror' any material contained on the Platform or any
other server. Any permission granted under this Agreement terminates
automatically without further notice if you breach any of the above terms. Upon
such termination, you agree to immediately destroy any downloaded and/or
printed Content.
You shall not host, display, upload, modify,
publish, transmit, update or share any information on the Platform that
You agree not to collect information of other users
from the Platform or download or copy any information by means of unsolicited
access so as to communicate directly with them or for any reason whatsoever.
ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED
UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
PRODUCTS,
ORDERING AND PRICING
GROWVET INTERNATIONAL is currently delivering
orders of the products listed on the Platform (Products) and providing
various offers mentioned on the Platform (Offers) only at select locations in
the Kathua (Operating Locations). We will not be able to service orders at
any place other than the Operating Locations. Any modification in the Operating
Locations of GROWVET INTERNATIONAL shall be mentioned on the Platform.
All Products are subject to availability and we
reserve the right to impose quantity limits on any order, to reject all or part
of an order, and to discontinue Products without notice, even if you have
already placed an order.
We take care to accurately display the description,
colours and images of our Products but, we cannot guarantee nor take
responsibility for variations in pictorial representations for the Products and
color variation due to technical reasons. Prices and descriptions of the
Products are subject to change at any time without notice, at our sole
discretion.
We shall not be liable to you or to any third-party
for any modification in price, suspension or discontinuance of the Products.
The Platform allows you to place order for Products
in standard quantities and the price of each Product displayed on the Platform
is also calculated on the basis of standard quantity of the Product. However,
due to the nature of the Product there may be a variance between the quantity
ordered and the quantity supplied.
We will only charge you for the quantity of the
Product that has been supplied to you. In case the quantity of the Product
supplied to you is less than the quantity of Product ordered, any excess
amounts paid by you shall be refunded to you. The mode of refund shall be as
determined by GROWVET INTERNATIONAL from time to time, such as, credit to FreshPik
wallet, FreshPik Cash +, or by crediting any other mobile wallet that you may
use.
In case the quantity of the Product supplied to you
exceeds the quantity ordered by you, any additional amount due from you will be
adjusted against your next order.
The Products sold on the Platform are perishable
goods. Hence, we recommend that you read the instructions written on the
packaging of each Product carefully, before using such Product.
Any offers available on the Platform shall be, in
addition to this Agreement, subject to the terms and conditions as may be
listed on the Platform in relation to such offers.
GROWVET INTERNATIONAL has proprietary rights and
trade secrets in the Products. You shall not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by GROWVET
INTERNATIONAL.
DELIVERY,
HANDLING CHARGES AND TAXES
GROWVET INTERNATIONAL may charge such delivery and
handling charges, as maybe determined by GROWVET INTERNATIONAL from time to
time along with the applicable taxes.
Although GROWVET INTERNATIONAL strives to deliver
the orders on time, there may be situations wherein the actual time taken for
delivery of a Product shall vary from the delivery time mentioned at the time
of ordering such Product. GROWVET INTERNATIONAL shall keep you updated about
any delays in delivering of Products.
Due to the ongoing Covid-19 pandemic, GROWVET
INTERNATIONAL has introduced the feature of contact-less delivery to safeguard
the health of it's customers and delivery partners. This feature is available
at an extra charge of INR 10 per order.
PLATFORM
Intellectual
Property and Third-Party Links
GROWVET INTERNATIONAL is the owner of the brand FreshPik
and the Platform and has the exclusive right, title and ownership of any and
all intellectual property rights arising out of it's brand and the Platform.
GROWVET INTERNATIONAL may occasionally post links
to third party websites or other services on the Platform. You agree that GROWVET
INTERNATIONAL is not responsible or liable for any loss or damage caused as a
result of your use of any third-party services linked to from the Platform.
In addition to making Products available, this
Platform also offers information, both directly and through third-party links,
about nutritional and dietary supplements. Such information available on the
Platform is for general use and you may rely on it solely at your own risk. We
will not be liable for any direct, indirect, consequential or other damages
arising out of or connected with the use of this information. Further, for any
third-party content displayed or accessed through the Platform the sole responsibility
for such content is of the person/entity who makes it available.
User Account
To access and use the Platform, you may register
with us by providing the required information. You are responsible for ensuring
the accuracy of this information.
You are responsible for keeping your password
secure. We cannot and will not be liable for any loss or damage from your
failure to maintain the security of your account and password. The billing
information you provide us, including payment details, billing address and
other payment information, is subject to the same accuracy requirements as the
rest of your identifying information. Providing false or inaccurate information
or using the Platform to further fraud or any unlawful activity is grounds for
immediate termination of this Agreement.
By posting, storing, or transmitting any content on
the Platform, you hereby grant GROWVET INTERNATIONAL 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. GROWVET INTERNATIONAL 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. GROWVET INTERNATIONAL is not liable
for any damage or harm resulting from any posts by or interactions between
users. GROWVET INTERNATIONAL reserves the right, but has no obligation, to
monitor interactions between and among users of the Platform and to remove any
content GROWVET INTERNATIONAL deems objectionable, at it's sole discretion.
Reverse
Engineering & Security
You agree not to undertake any of the following
actions:
Customer
Solicitation
Unless you notify us in writing, 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 different mediums for soliciting Products.
Opt Out
Procedure
You may choose to opt out from receiving future
marketing and solicitation communications by following the steps below.
DISCLAIMER
OF WARRANTIES
Your use of this Platform is at your sole risk. The
Platform, Products and offers are offered on an "as is" and "as
available" basis. To the extent permitted under applicable laws, GROWVET
INTERNATIONAL 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, or any reliance upon or use of the Platform
or Products.
Without limiting the generality of the foregoing, GROWVET
INTERNATIONAL makes no warranty that the content and the links to third-party
platforms provided on this Platform are accurate, reliable, complete, or
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 any defects in the Products will be corrected.
LIMITATION
OF LIABILITY
The entire liability of GROWVET INTERNATIONAL and
your exclusive remedy, in law, in equity, or otherwise, with respect to the use
of Platform, Products, offers 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, GROWVET
INTERNATIONAL will not be liable for any direct, indirect, incidental, special
or consequential damages in connection with this Agreement or the use of
Platform, Products and offers in any manner, including liabilities resulting
from (1) the use or the inability to use the Platform, Products or offers; (2)
the cost of procuring substitute Products; or (3) any lost profits, loss of
goodwill, loss, theft or corruption of user information that you may allege.
MODIFICATION
GROWVET INTERNATIONAL reserves the right to amend
this Agreement at any time, in accordance with applicable law, by posting such
amendments or the amended Agreement on this Platform.
GROWVET INTERNATIONAL may alert you of the
amendments by indicating on the top of this Agreement the date it was last
revised or by any other means. The amended Agreement will be effective
immediately after it is posted on this Platform. Your use of the Platform
following the posting of any such amendments will constitute continued
acceptance of the Agreement including the amendments thereof.
PRIVACY
GROWVET INTERNATIONAL believes strongly in
protecting user privacy and providing you with notice of use of your data. Please
refer to GROWVET INTERNATIONALs incorporated
herein by reference.
GENERAL
Force
Majeure
GROWVET INTERNATIONAL will not be deemed in default
hereunder or held responsible for any cessation, interruption or delay in the
performance of it's obligations hereunder due to earthquake, flood, fire,
storm, natural disaster, act of God, war, terrorism, pandemic, lockdown
conditions, armed conflict, labor strike, lockout, or boycott.
Cessation of
Operation
GROWVET INTERNATIONAL may at any time, in it's sole
discretion and without advance notice, stop the operation of the Platform
and/or distribution of the Products and/or the offers provided on the Platform.
Entire
Agreement
This Agreement including the policies and
guidelines included herein by reference comprise the entire agreement between
you and GROWVET INTERNATIONAL and supersedes any prior agreements pertaining to
the subject matter contained herein.
Effect of
Waiver
The failure of GROWVET INTERNATIONAL to exercise or
enforce any right or provision of this Agreement will not constitute a waiver
of such right or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this Agreement remain
in full force and effect.
Governing
Law and Jurisdiction
This Agreement will be governed by the laws of
India and shall be subject to the exclusive jurisdiction of courts in Kathua.
Dispute
Resolution
If any dispute arises between you and GROWVET
INTERNATIONAL during your use of the Platform or thereafter, the dispute shall
be referred to a sole arbitrator, who shall be appointed by an independent and
neutral third party arbitral institution identified by GROWVET INTERNATIONAL.
The place of arbitration shall be Bengaluru, Karnataka. The arbitration
proceedings shall be in the English language and shall be governed by
Arbitration & Conciliation Act, 1996.
This arbitration agreement will survive the
termination of this Agreement with you.
Waiver of
Class Action Rights
By entering into this Agreement, you hereby
irrevocably waive any right you may have to join claims with those of other in
the form of a class action or similar procedural device. Any claims arising out
of, relating to, or connection with this agreement must be asserted
individually.
Termination
GROWVET INTERNATIONAL reserves the right to
terminate your access to the Platform without advance notice if it reasonably
believes, in it's sole discretion, that you have breached any of the terms and
conditions of this Agreement. Following termination, you will not be permitted
to use the Platform and GROWVET INTERNATIONAL may, in it's sole discretion and
without advance notice to you, cancel any outstanding orders for Products. If
your access to the Platform is terminated, GROWVET INTERNATIONAL reserves the
right to exercise whatever means it deems necessary to prevent unauthorized
access of the Platform. This Agreement will survive indefinitely unless and
until GROWVET INTERNATIONAL chooses, in it's sole discretion and without
advance notice to you, to terminate it.
Use of
Platform outside Operating Locations
GROWVET INTERNATIONAL makes no representation that
the Platform or Products or offers are appropriate or available for use in
locations other than the Operating Locations.
Assignment
You may not assign your rights and obligations
under this Agreement to anyone. GROWVET INTERNATIONAL may in accordance with
applicable law assign it's rights and obligations under this Agreement in it's
sole discretion and without advance notice to you.
Severability
In the event that any provision of this Agreement
is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from the Agreement,
such determination shall not affect the validity and enforceability of any
other remaining provisions.
Conflict
This Agreement includes, and incorporates by
reference, the and any other rules
or policies available on the Platform including all?other additional or
modified terms and conditions and policies in relation to the Platform or any
current or future services that may be offered by GROWVET INTERNATIONAL. In the
event of any conflict between the terms of this Agreement and any provision of
the polices and guidelines available on the Platform, 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.
Contact Us
Please contact us for any questions or comments
(including all inquiries unrelated to copyright infringement) regarding this
Platform.
