Terms & Conditions

TERMS OF USE

Welcome to farms2fresh.com.

INTRODUCTION AND SCOPE

www.farms2fresh.com a website maintained, owned and controlled by Amishta Fresh Private Limited, (hereinafter AFPL) we are dedicated and cautious in safeguarding your privacy online. The expressions We, US, Ours, its used in this site shall where the context so admits means and include Amishta Fresh Private Limited (AFPL) ,its owner, licensee, affiliates, subsidiaries, group companies, permitted assigns (as applicable).

This terms of use is an electronic record under 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.

This terms of use is drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that regulates publishing, privacy policy and Terms of Use for access or usage of www.farms2fresh.com website.

This website, its services and tools are governed by the following terms and conditions, or the terms of use. Please read and understand these terms of use/service carefully prior to your use of the services as they apply to your use of this website and application. By browsing and/or using our site and/or services posted on the site, you are in effect approving these terms and are binding yourself into a legal contract with AFPL. If you cannot accept or agree these terms, please do not access or use our website. By using or simply visiting our website you represent and warrant that you have the right and capacity to enter into this agreement. By visiting the website and providing your transaction details you are agreeing with the terms of use and privacy policy and also are allowing the site and its affiliates sites to include your details in its database. Terms capitalised or not but not defined herein shall have the meaning assigned to such terms or interpret in accordance with the in the site's conditions or the situation at hand.

THE TERMS OF USE AND PRIVACY POLICY

The Privacy Policies for our website farms2fresh.com clearly states our practices concerning data that you (You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a buyer on the website by providing registration data while registering on the Website as registered user using the computer systems or anyone who is visiting, accessing or browsing the site farms2fresh.com allows the user to surf the website or make purchases without registering on the Website but after provision of relevant details) provide here in our website or that which we may collect about you and you consent to our use of data in compliance with the Privacy Policy. We store and process your information, including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000. Therefore, the information that we acquire about you through your utilization of our Site, whether through the registration or any other way, will be subject to the Privacy Policy posted on the site. If you object to your information being transferred or used as provided in the policy, please do not use the website.

CHANGES TO THE TERMS OF SERVCE AND PRIVACY POLICY

We have the exclusive right, at our sole discretion, to change, alter, delete, amend, modify, add or remove any or parts of the terms and privacy policy at any time and without prior notice. It is your sole responsibility to update, review, verify and/or confirm these Terms of Use periodically for changes/modifications/replacements. Your continued use of the Website following the posting of such aforementioned changes, modifications or replacements will amount to and mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

CONTENT OF THE WEBSITE

Our Site provides an online portal to assist you in grocery shopping. We offer wide range of products including vegetables, fruits, personal care, home care and other products that you use regularly at home. We provide inventory & price information through our website farms2fresh.com and allow you to place orders of the products as per your convenience. We also help in the smooth delivery of the products you have ordered at your doorstep by coordinating and managing with our partnered retailers. We do not warrant the product descriptions, pricing or any other information or claim that the content on the website, regardless of its source, is accurate, complete, and reliable or error free. We do not endorse any one product or brand and the information is merely to assist you in your shopping. We thus assume NO liability for inaccuracy or incompleteness of ANY content on the website.

WHO ARE ELIGIBLE TO USE

Use of our website is limited to those who can enter into and form contracts under applicable law. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use our website. If you are a minor (under the age of 18 years) you shall not register in our website and shall not transact on or use the website. However, a minor if he/she wishes to use or transact on website, such use or transaction may be made by your legal guardian or parents on the website. AFPL reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

To register, you must provide your true and correct information as requested while registering or ordering products. We usually ask for your name, your postal address, landmark of the location, email, and mobile number for the purposes of registration or order placement. You are hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this terms of use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide you with access to the website and its services.


COMMUNICATIONS

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise, to send you relevant details about your order, its status and/or other necessary information.

FARMS2FRESH.COM IS A PLATFORM FOR TRANSACTION AND COMMUNICATION

This website is a platform to order products online from our own supermarket/warehouse, owned and controlled by AFPL.

  1. All commercial/contractual terms are offered by and agreed to between users (hereinafter, Buyers) and AFPL. The commercial/contractual terms may include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

  2. AFPL does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased through its website. AFPL does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website. AFPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  3. AFPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of any reasons beyond its control.

  4. This website is only a platform that can be utilized by users to buy grocery products online. AFPL is providing a reliable platform for its buyers to choose variety of products and order the same through online. It is understood that by placing an order automatically there exists a strictly bipartite contract between the AFPL and the Buyer.

CHARGES

Membership on the website is free for buyers/users. AFPL does not charge any fee for browsing and buying on the website. AFPL reserves the right to change its fee policy from time to time. In particular, AFPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event AFPL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Amishta Fresh Private Limited (AFPL).

PAYMENTS

AFPL offers payment options either through payment gateway options or through cash/sodexho on delivery, however, AFPL has got all the legal right to introduce a new payment gateway mode of payment as and when required. The terms of use and payment of such a system will be uploaded when such a service is available and by using the website and placing orders thereafter you would be deemed to have agreed to those terms.

All payments made against the purchases/services on website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on website.

Asides,

  1. You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with the AFPL to purchase the products and /or services from AFPL through our online website using the payment gateway facility or cash/sodexho on delivery of the product.

  2. As a Buyer you are required to confirm the delivery of goods, in the case of cash/sodexho on delivery.

  3. In the case of goods which are damaged at the time of delivery, the cost of the damaged goods will be refunded back to the customer provided that such damaged goods are brought to our notice within 10 hours from the time of delivery as recorded in the invoice for the goods. Such existence of the damaged goods should be brought to our notice either call customer care at 08065470055/66 or by an email addressed to customersupport@farms2fresh.com.

  4. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

  5. Refund shall be conditional and shall be with recourse available to farms2fresh.com in case of any misuse by Buyer.

  6. Refund shall be subject to Buyer complying with Policies.

  7. AFPL may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for cash on delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of AFPL. As a result of such check if AFPL is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.

  8. The Buyer acknowledges that AFPL will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of AFPL.

USER CONTENT SUBMISSION & RESTRICTIONS

By submitting any reviews, comments or any content on farms2fresh.com, you are granting us an uninterrupted, irreversible, transferable right and license to use, copy, modify, delete, publish, create derivative works, sell/ distribute such materials and/ or incorporate such materials into any form without providing any compensation to you. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein.

By using the services provided by AFPL, you may be exposed to contents which may be racist, sexist, obscene or otherwise objectionable, offensive or indecent in nature, nonetheless, AFPL will not be liable in any way for any such content under any circumstances. Neither shall we be liable for any loss and/ or damage caused to you due to such content.

If you do choose to post content on our site, you agree that all of your postings will comply with the requirements of this terms of use and privacy policy and the following will be relevant with regard to the content uploaded by you:

  1. You shall not violate the intellectual property rights of any user

  2. You shall not create more than one account

  3. You shall not defame a user

  4. You shall not violate someone's trademark rights

  5. You shall not use any automated means to access the site or collect any information from the site

  6. You shall not use cookies, web bugs or tracking technologies

  7. You shall not collect any personal information about users through farms2fresh.com, including, but not limited to, their username or password

  8. You shall not use emails tools (such as "email this page") to send spam

  9. You shall not share your password with a user

  10. You shall not publish or use files or processes that pose a threat to the proper technical operation of the system or to the security of other members

  11. You shall not upload any content that contains viruses, trojan horses, worms, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

  12. You shall not request search engines to crawl or index any portion of farms2fresh.com

  13. You shall not modify or create variant versions of farms2fresh.com logos or other trademarks owned and possessed by AFPL.

  14. You shall not commit any illegal activity under the laws of India by using farms2fresh.com in any way.

  15. You shall not speak on behalf of farms2fresh.com/ AFPL, describe yourself as an AFPL employee or use AFPL letterhead.

  16. You shall not post any material containing profanity, vulgarity, hate speech or threats of violence

  17. You shall not include contact or personal information about another individual without their permission

  18. You shall not upload any pornographic content (This includes any sexually explicit pictures.)

  19. You shall not harass another member

  20. You shall not use advertisements, paid links, affiliate marketing, or any form of link spam.

You shall be solely responsible for the content you post that may be restricted on the site. Should you post the above-mentioned content or any such similar matter on the site, you shall be liable to penal action or similar provisions as provided for in the disclaimer and indemnity clauses herein.

If you find such abusive or restricted content on the site, you may send us a written complaint or send us a complaint via e-mail to customersupport@farms2fresh.com shall investigate into the matter to ensure the validity and authenticity of such complaint. If required, we shall take necessary action against the wrong-doer at our discretion, not excluding legal action or deletion of the said persons account and membership with the site.


INDEMNITY

Notwithstanding to anything stated above you hereby expressly agree to indemnify AFPL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, partners, directors, agents, and employees, from any and all claim or damage, or actions including reasonable attorneys' fees, arising out of your use of our website, made by any third party or penalty imposed due to or arising out of the content you choose to submit, post or transmit, or of your use of or connection to the website, or your breach of this terms of use, privacy policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

If you choose to upload any content of the site, including but not restricted to negative comments and reviews about a particular brand on the website, you shall do so at your sole discretion. In the event that such content or comment results in any claims, legal action, suit for damages, legal notices etc. from the aggrieved party to us, you agree to hold AFPL completely indemnified and free from such claims or legal action.


LIMITATIONS OF LIABILITY

AFPL shall not be liable to you for any lost profits or special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with AFPL and its, subsidiary or affiliate companies, our services or this terms of use. Other than with respect to royalties, our suppliers and we shall not be liable to you for more than an ascertained sum.

In the event that you post or view some content on the website against our restricted content clause, we shall not be responsible for the consequences arising out of such actions. Our liability shall be restricted to removal of the offensive content only.

DISCLAIMER OF WARRANTIES AND LIABILITIES

AFPL network and all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided “As is” and “As available” basis without any representation or warranty or condition of any kind, either express or implied; to the fullest extent permitted by law and we explicitly disclaim any and all warranties, whether express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, unless expressly specified in writing. We do not warrant that the service will be uninterrupted, timely, secure, error free or free from viruses, worms or malware. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. It may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or information or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources.

Nothing on website constitutes, or is meant to constitute, advice of any kind. All the products sold on website are governed by different state laws and if AFPL is unable to deliver such products due to implications of different state laws, AFPL will return or will give credit for the amount (if any) received in advance from the sale of such product that could not be delivered to you.

You will be required to provide valid phone number and email while placing an order on the website. By registering your phone number and email with us, you consent to be contacted by us via phone calls, SMS and/or email notifications, in case of any order or shipment or delivery related updates. Furthermore, by registering your phone number, email with us you are consenting for receiving promotional/service calls, SMS, emails. As part of achieving business excellence we may do promotional as well as post service information conveying activities for which we may seek the service of external vendors and under those circumstances we may share your personal information with such external vendors in strict compliance with protection of your privacy.

GOVERNING LAW

This website is created and operated by us is exclusively for Indian market we undertake no warranty that the materials and content on the site are appropriate or available for use outside of India. Those who choose to access the site from outside India do so on their own peril and are responsible for local laws, if and to the extent that local laws are applicable.

Any and all services and rights of use hereunder are performed, performable and/or sold in the state of Karnataka, India. You also agree that any dispute between you and us will be governed by the laws of the state of Karnataka, and adjudication shall be subject to the territorial jurisdiction of courts in Karnataka.

INTELLECTUAL PROPERTY RIGHTS

AFPL own and retain all proprietary rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) relating to AFPL. The website contains the copyrighted material, trademarks, and other proprietary information of AFPL and its licensors. Unless AFPL has otherwise agreed in writing, nothing in the terms gives you a right to use any trade names, trademarks, service marks, logos, domain names, and all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection and belonging solely to us and other distinctive brand features.

You additionally agree that in using the services, you will not use any Intellectual Property Rights of any company or organization in a way that is likely or intended to cause confusion about the owner or the authorized user of such marks, names or logos. Except for that information for which you have been given permission, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this terms of use and your membership is liable to be terminated forthwith by us. This shall be in addition to any legal claims or action that can be taken against you in a court of valid jurisdiction as prescribed herein.

You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.


ASSIGNMENT

You agree that AFPL may automatically assign this Agreement and all agreements and information incorporated herein in its sole discretion, to a user. You may not directly or indirectly assign or transfer your obligations to another entity by operation of law or otherwise without the prior written consent of AFPL.

MISCELLANEOUS TERMS

No Agency: This terms of use does not create any agency, partnership, joint venture, employment, franchise or any other like relationship. Because you are not an employee, of AFPL minimum wage laws do not apply to your relationship with AFPL.

No Waiver of Rights: Our failure to enforce any part of these terms of service and/or act in a particular circumstance shall not amount to a waiver of our right to later enforce that or any other part of these terms or to act with respect to that or other circumstances. We shall be excused for any problem due to any factor which is beyond our control.

Severability: If a court of competent jurisdiction holds any provision of this terms of use or service invalid or unenforceable, the remaining provisions of the terms of use/service remain in full force and effect, and shall be interpreted so as best to effect the intent of the parties and will be construed so as to be enforceable to the maximum extent permissible by law.

Applicable law: These Terms shall be governed by, interpreted and construed solely in accordance with the laws of India and the Courts in Bangalore, India shall have the exclusive jurisdiction over all or any dispute, difference, breach or violation, arising out of or with respect to the terms.

Dispute Resolution: Any dispute, difference, breach or violation, arising out of or with respect to the terms shall be amicably resolved by and between the parties within 30 (Thirty) days from the date of dispute by way of arbitration in Bangalore, India, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactment thereof or any rules made thereof, before a sole arbitrator, who shall be appointed by AFPL and whose award shall be final and binding. The language of the arbitration shall be English. All matters relating to such arbitration shall be kept absolutely confidential at all times by you. When any dispute, difference, breach or violation, arising out of or with respect to the terms is under arbitration, except for the matters under dispute, difference, breach or violation, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under the terms.

Any grievances, issues, queries, complaints or information that you wish to communicate to us can be addressed to the details provided at the CONTACT US, provided on our Website.