Terms & Conditions
You will also be subject to such other guidelines, notices and terms at the time that you order Products using the Website ("Service Terms"). If these Terms and the Other Terms are inconsistent with the Service Terms, those Service Terms will take precedence.
2. USE OF THE PLATFORM
- "Personal Information" means the details provided by you (e.g. name, address, email, identification number, etc.) on registration;
- "Product" means a product displayed for sale on the Website;
- "Services” means delivery service and other related service in connection with running the platform;
- "We/us/ EFF" means EFF Agro Private Limited, owner and operator of https://www.eatfarmfresh.in registered at # 1, 4th Avenue, Harrington Road, Chetpet Chennai TN 600031
- "Platform" means the website located at https://www.eatfarmfresh.in or the mobile application available on the Play Store/ Apple Store or any subsequent URL which may replace it and includes news, blogs, events, advertisements and any other contents published on it; and
- "You/your" means any person who uses the Platform, the Products or the Services in any manner whatsoever including persons browsing the Platform, posting comments or any content or responding to any advertisements or content on the Platform.
You are provided with access to this Platform in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Platform is intended for use by people resident in countries worldwide. We accept orders from addresses within and outside the UAE.
2.2.1 By registering as a user of our Platform, you warrant that:
(a) the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
(b) you will review and update your Personal Information by logging into your account or by contacting our customer service team.; and
(c) you are at least 18 years old.
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
2.3 Our rights
We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Platform (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Platform; and/or
3. PURCHASE OF PRODUCTS
(b) change these Terms and Other Terms from time to time in accordance with clause 15 - Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Platform. If you continue to use the Platform, you will be deemed to have accepted the amended terms.
(c) We reserve the right to withdraw any Products or Servicesfrom time to time in accordance with clause 3.2.3.
By placing an order through our Platform, you warrant that you are: (a) legally capable of entering into binding contracts; and (b) at least 18 years old.
3.2 How the contract is formed between you and us
3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product that is advertised on our Platform.All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e mail that confirms that the Product has been dispatched ("Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
3.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation by us. All payments are processed immediately after your order is placed.
3.2.3 Non-acceptance of an order may be a result of one of the following:
- The Product you ordered being unavailable from stock. Please refer to clause 5.1 for more details.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or Product description error.
- You not meeting the eligibility to order criteria set out in these Terms.
For clarity, the transactionwill only be binding on us once we have notified you that the order is accepted and the Products have been dispatched by us. This means that if Products are shown on our Platform but are not available due to any reasons stated in these Terms, we shall not be obliged to sell you such Products.
3.2.4 If we are unable to supply you with a Product, we will inform you of this by e-mail. If you have already paid for the Products, we will refund you the full amount as soon as possible.
3.2.5 If you do require any information regarding orders you have placed with us please contact our customer service team.
4. RETURNS ON PRODUCTS
You may return certain products within 7days of receiving said Product.This will be in accordance with the Terms of our Delivery Policy. In this case, you will receive a full refund of the price paid for the Products within 30 days in accordance with our delivery policy which contains clauses in relation to the exchange, returns and refund policy, which is incorporated by reference into these Terms.You are required toadhere to ourdelivery policy and meet the requirements set out therein.
5. CONDITIONS OF THE TRANSACTION
The Contract is also subject to our conditions of the transaction, which is incorporated by reference into these Terms.
5.1 Availability of products:
All orders for Products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock (which may happen after checkout), we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will reimburse any monies that you may have paid.
5.3 Promotional discounts:
5.2.1 Discounts and promotional discount codes offered by the Platform are valid only for use as part of a purchase made via the Platform, unless otherwise stated, valid during the period of time is given for
5.2.2 Promotional discount codes cannot be used towards delivery charges.
6. RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products has passed to you from the moment we receive full payment of all sums due in respect of the Products, including delivery charges.
7.1 We are only an intermediary and all warranties on the Product is between you and the merchant to facilitate the sale and purchase of Products. We do not and are not involved in the sale and purchase contract. The sale and purchase contract is between you and the merchant.
7.3 We will not accept responsibility for (a) any mishandling or misuse of the Products; and/or (b) a failure to comply with specific care and cleaning instructions stated in the Product or within the Product’s packaging. It is your responsibility to do so.
7.4 Our liability under these Terms is strictly limited upto the maximum amount equal to the we receive from the customer.
7.5 This does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; or (b) for fraud or fraudulent misrepresentation.
7.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.1 You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Affiliates”) from any claim or demand, including any attorneys’ fees and costs, made by any third-party due to, arising out of, or relating to your use of the Platform, your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8.2 You agree to indemnify, defend and hold us and our Affiliates harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by us and/or our Affiliates arising out of or in connection with the performance of its duties as described in these Terms including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
9. INTELLECTUAL PROPERTY AND RIGHT TO USE
9.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Platform are owned by us only unless mentioned it belongs to our licensors. Any access or use of the Platform for any reason other than your personal, non-commercial use is prohibited.
9.2 No part of the Platform may be reproduced or stored in any other website or included in any public or private electronic retrieval system or website without our prior written permission.
9.3 You acknowledge and agree that the material and content contained within the Platform is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Platform is strictly prohibited without our permission and without reference to us.
9.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.You will notify us immediately if you come across any third party who do or attempt to do any the above.
10. COPYRIGHT INFRINGEMENT
9.5 This Agreement does not transfer from EFF to you any EFF or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with https://www.eatfarmfresh.in
, Eat Farm Fresh logo, and all other trademarks, service marks, graphics and logos used in connection with https://www.eatfarmfresh.in
, or on the Platform are trademarks or registered trademarks of EFF or EFF licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any EFFor third-party trademarks.
As we ask others to respect our intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.eatfarmfresh.inviolates your copyright, you are encouraged to notify us and we will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EFF or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and
countries or jurisdictions in which we are not permitted by law to do business.
13. THIRD PARTY LINKS
Links to third party websites on the Platform are provided solely for your convenience. If you use these links, you leave the Platform. We have not reviewed any of these third-party websites and do not control and we are not responsible for these websites or their content (including their terms and conditions)or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk.
You agree that any suggestions, ideas, product uses and potential uses, product ideas, feedback or other information about the Platforms or our Products ("Suggestions"), provided by you to us are non-confidential to you and shall become our sole property. We will own all of the rights, exclusively, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms and the Other Terms from time to time. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform and/or placing an order for Products following the posting of any changes to these Terms and the Other Terms constitutes acceptance of those changes.
(a) The Republic of India is our country of domicile. These Terms are binding upon each party hereto and its successors and permitted assigns and shall be governed by and construed in accordance with the Laws of the Republic of India without reference to the conflict of law principles thereof and the parties irrevocably submit to the non-exclusive jurisdiction of the Indian Courts. For the avoidance of any doubt, any dispute or claim arising out of or in connection with our Platform shall be governed and construed in accordance with the Laws of the Republic of India.
(b) These Terms and all of your rights and obligations under it, is not assignable or transferable by you without our prior written consent.
(c) No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
(d) The invalidity or unenforceability of any provision of these Terms will not invalidate any other provision of these Terms, all of which will remain in full force and effect.
(e) If you reside in or are subject to the laws of a jurisdiction anywhere in the world whose common, statutory, regulatory, or codified law would void these Terms in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and the warranty disclaimers), or which make accessing the Platform illegal, you do so entirely at your own risk.