Personal information

“Freshokit” is a trademark of “Freshokit India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at FF-5, Block-A, OMAXE Gurgaon Mall, Sohna Road, Sector-49, Gurgaon – 122001 (Company).

The Company owns the domain name www.freshokit.com. The Company holds an FSSAI license, bearing no. 10822999000436. Please feel free to reach out to us at our Customer Care helpline: 9310613200 (Toll-Free).

Acceptance of terms

Thank you for using Freshokit. These Terms of Use (the "Terms") intend to make you aware of your legal rights and responsibilities concerning your access to and use of the Freshokit website at www.freshokit.com (the "Site") and any related mobile or software applications ("Freshokit Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future Freshokit customers. By accessing this site (from now on the “Marketplace”), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms.

Your use of the Freshokit Platform is at your own risk, including the risk that you may be exposed to content that's objectionable or inappropriate. The given document is published as per the provisions of Rule 3 of the Information Tech (Intermediaries Guidelines) Regulations, 2011. The Company may update the User Agreement from time to time without prior notice. It's therefore sternly recommended to review User Agreement, available on Marketplace, every time someone accesses and/or uses the Marketplace.

The terms ‘visitor(s)’ or ‘user(s)’ /‘you’ hereunder this site refer to the reader visiting, accessing, browsing through, and/or using the Marketplace at any time.

Should you need clarifications regarding the Terms of Use, please write to us at info@freshokit.com.

Services overview

The Marketplace is a platform for domestic consumers to transact with 3rd-party sellers, with granted access to the Marketplace to display as well as offer products/goods for selling through this Marketplace. For sufficient clarity and responsibility, the Company doesn't provide services to users apart from providing the Marketplace as a platform to transact at their own cost, risk, and other services as may be notified explicitly in writing.

The Company isn't and won't be a party to any transaction between you and the third-party sellers/ have any control, involvement, or influence over the products purchased by you from such third-party sellers/ prices of products charged by such third-party sellers. The Company disclaims all warranties and liabilities associated with any products offered on the Marketplace.

Services on the Marketplace are available only to select Indian geographies and are subject to all/ any restrictions based on the business hours and days of third-party sellers.

All transactions through the Marketplace may be subject to a delivery charge where the minimum order value isn't met. A buyer will be informed of any such delivery charges at the check-out stage for the transaction through a Marketplace.

All transactions through the Marketplace can be subject to convenience and safety fees. You shall be informed of such convenience & safety fees at the check-out stage for the transaction via Marketplace.

Eligibility

Individuals who are in any manner “incompetent to contract” according to the meaning of the Indian Contract Act, 1872, which includes, minors, un-discharged insolvents ,etc., won't be eligible to use or access Marketplace. However, in case you are minor, which means are under the age of 18 years, you may utilize or access Marketplace with the supervision of your adult parent or otherwise a legal guardian, who agrees to be bound by the said Terms of Use. You are also, however, prohibited from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

The Marketplace intends to be a platform for end-consumers desirous of purchasing the product(s) for domestic self-consumption. Suppose you are a retailer, institution, wholesaler, or business user. In that case, you are ineligible to use Marketplace to buy products from 3rd-party sellers who have access to the Marketplace to display & offer products for sale through Marketplace.

The Company, in sole discretion & without liability, reserves the right to terminate/ refuse your registration/refuse to permit use/access to the Marketplace, if:

1. It discovers or is brought to notice that you do not conform to the eligibility criteria.
2. The Company has defined reasons to believe (including through evaluating usage patterns) that eligibility criteria are not met/are violated by any user.
3. May breach these terms of the given User Agreement.

To determine stated compliance with the eligibility criteria, this Company among other things uses an algorithm and/or pre-determined criteria-based tech and in the same manner, over time, A user's utilization can be restricted or in any case be blocked on the account of the overlap with similar algorithms or predetermined criteria. In case you are one of the genuine domestic users of the Platform, please get in touch with us to get better assistance.

licence & access

The Company explicitly grants you the limited sub-license for accessing and making personal utilization of Marketplace, But not to download (other than the page caching)/ modify it, or a portion of it, except with the express prior written consent of the Company. Such limited sublicense doesn't include/permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; derivative use of the Marketplace; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or of the Company and/or its affiliates without the express prior written consent of the Company.

You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company.

You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace or any other server, computer, PC, network, or to any of the services offered on or through the Marketplace by hacking, ‘password mining' or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

• Belongs to another person and to which you do not have any right;
• Is grossly harmful, harassing, profane, defamatory/ obscene, pornographic, paedophilic, 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;
• Harms minors in any manner whatsoever;
• Infringes patent, trademark, copyright/ another proprietary/intellectual property right;
• Violates law for time being in force;
• Deceives/ misleads the addressee about the origin of such messages and communicates any info which is grossly offensive/ menacing;
• Contains software viruses/ computer codes, files/programs to interrupt, destroy/ limit the functionality of computer resource
• Threatens unity, integrity, defense,the sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any violation or is insulting any other nation
• Is misleading or known to be false in any way.

Any kind of unauthorized usage shall be automatically terminated combined with the permission or sub-license granted by the Company.

Account & Registration Obligation

All users must register and log in to place orders placed on the said Marketplace. Users must keep their account as well as their registration details current and also correct for all modes and manners of communication relevant to the purchases from the given Marketplace. By agreeing to all the Terms of Use, you also agree to get promotional/ transactional communication, including newsletters from the Company and all its partners. Users may opt-out of such communication and/or newsletters by contacting Marketplace's customer services team/ by placing requests for the same.

As part of the registration process on the Marketplace, the Company may collect the following personally identifiable information about you, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address, etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the privacy policy of the Company (https://freshokit.com/privacy), which is incorporated in these Terms of Use by reference.

Pricing

The Company aims to ensure that the prices of all goods offered for the sale are correct. However, from time to time, the prices of certain products may not be current or inaccurate due to technical issues, typing errors, or incorrect product info given to the Company by 3rd-party sellers. In each of these and similar cases, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned while ordering a product/good shall be the exact price charged at the time of delivery, provided that no product/good offered for sale on the Marketplace will be sold at price higher than its given MRP (maximum retail price).

The Company doesn't represent or warrant with respect to the availability of products on the Marketplace nor does it implicitly or explicitly support/ endorse the sale/purchase of any items on the Marketplace. The brand accepts no liability for errors, inaccuracy, or omission of 3rd parties or info/inputs given by third parties & provided to you through Marketplace or otherwise.

You acknowledge as well as agree that the Company won't, at any time, have the right, title or interest to any product(s), subject to a bipartite sale & purchase contract between you & the relevant third party seller. The Company doesn't have any control over the quality, failure to provide, or any other aspect of the product(s) and isn't responsible for damages or delays on account of products that are out of stock, unavailable, or back-ordered.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, & other submissions disclosed, submitted, or offered on the Marketplace or otherwise disclosed, submitted/ offered in connection with the use of the Marketplace shall be & remain property of the Company.

Related and such disclosures, submissions, or offers of any Comments constitute an assignment to this Company of all worldwide rights, titles, and interests in all copyrights, and other intellectual properties in the Comments. The company exclusively owns all such rights, titles, and interests in the Comments and shall not be limited in any manner in use, commercial/ otherwise.

The company will be entitled to utilize, reproduce, disclose, modify, adapt, create derivative works from any Comments and publish, display and distribute any Comments submitted for any purpose without restriction and without compensating the user in any manner.

The Company is and shall be under no obligation to:

1. respond to Comments
2. pay compensation for Comments; or
3. maintain Comments in confidence; or

You agree that any Comments submitted by you on Marketplace don't violate the Terms of Use or any third party's right, including copyright, trademark, privacy, or another personal/ proprietary right (s), and won't cause any injury to any individual or entity.

You also further agree that no Comments submitted by you on the Marketplace will be/contain libelous/ otherwise unlawful, threatening, and/ or abusive/ obscene material/ contain software viruses, political campaigning, commercial solicitation, chain letters, emails, or any form of spam. The Company does reserve the right to monitor, edit and/or remove any Comments submitted on the Marketplace. You hereby grant that the Company has the right to use names you give in connection with the Comments.

You also agree not to make use of a false email address, impersonate an individual or entity, or otherwise mislead as to the origin of any Comments you have made.

You are and will remain responsible for the content of any Comments you make. You also agree to indemnify the Company and its affiliates against all claims, loss & liabilities resulting from the Comments you have submitted.