TERMS & CONDITIONS
Easytaaza Agri Solutions Private Limited is a private limited company, incorporated and existing under the Companies Act, 2013 having its registered office at Bangalore, India (“Company”, “Easytaaza” "We", "Us", "Our" and terms of similar meaning). The Company is engaged in the business of online shopping, net marketing of vegetables, fruits, groceries, consumer and other goods, including but not limited to on a subscription basis. Pursuant to the foregoing, the Company has introduced a web and/or mobile based marketed under the brand name ‘Easytaaza’ (“Platform”) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below ("Terms"). Please read these Terms carefully before using the Platform. The terms “User”, “You” or “Your” shall mean any person who accesses the Platform of the Company.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IN ORDER TO USE THE PLATFORM AND/OR AVAIL OF THE SERVICES, YOU MUST AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT ENTITLED TO USE THE PLATFORM OR AVAIL THE SERVICES PROVIDED BY US.
Overview of the Services:
The Platform is a web and/or mobile based platform operated by the Company that enlists all varieties of fresh vegetables, fruits, groceries, consumer and other goods, enabling the Users to browse and select the vegetables to be delivered by the Company across various geographical locations in India, subject to these Terms (As defined hereinbelow).
The Company is in the business of providing the following services through the Platform:
- Registration of a User on the Platform;
- Offering various fresh vegetables, fruits, groceries, consumer and other goods for purchase by the registered User;
- Providing discount coupons or promotional offers to User(s) as We shall deem fit at Our sole discretion subject to the terms of such discount coupons or promotional offers; and
- Any other services as We may deem fit.
(Collectively referred to as “Services”)
ACCEPTANCE AND GOVERNANCE OF TERMS
You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these terms, as may be amended from time to time in the manner as set forth herein below ("Terms"). Every User registered on the Platform shall be bound by these Terms.
By using the Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute Your consent to such changes.
These Terms are published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and
- The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
It is not mandatory to register to visit and access the Platform. However, access to the Services is only available to registered users. You need to register and create a user account (“Account”) to avail the Services on the Platform by providing, Your name, contact details, address, email address and other details. By registering and creating Your Account on the Platform, You agree to:
- provide accurate, current and complete information as may be prompted ("Registration Data") and maintain and undertake to update the same in respect of any changes;
- maintain the security of Your password;
- accept all risks of unauthorized access to the Registration Data and any other information You provide to Us;
- notify Us immediately of any breach of security or any unauthorized use of Your Account;
- not authorize, assign or otherwise transfer Your Account to any other person or entity;
- in no event use another user’s account for any purpose or objective; and
- be responsible for all activity on Your Account and to use and operate the same in accordance with applicable law.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Us at Our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. Easytaaza may at its sole discretion restore access to Your Account, at any time, pursuant to any suspension.
- USE OF THE SERVICE
- Upon creation of Your Account, You shall be entitled to select any of the products available on the Platform and such allied Services as indicated on the Platform based on its availability.
- The terms governing the selection of, delivery, and/or the rendering of Services and such other related information are set out in Annexure A to these Terms (“Specific Terms”). You shall have deemed to have read and accepted in entirety the Terms, prior to availing the Services using the Platform.
- We shall provide the Services vide Our employees, agents, contractors and/or representatives (“Service Professionals”). Our qualified representatives shall ensure that the Services would be provided in a professional workmanlike manner, in accordance with industry standards.
- Promotional offers: The Company may at its discretion run promotional offers in respect of certain Services subject to such terms and conditions as may be prescribed. All promotional offers shall be subject to the terms and conditions governing the same, as displayed on the Platform. The User hereby agrees and acknowledges that the Company shall have the sole discretion to run promotional offers, modify the terms and conditions governing the same and discontinue the promotional offers with no prior intimation to the User, at its sole discretion. The User shall have no right, claim or authority to dispute the continuance or discontinuance of promotional offers by the Company.
- All the products listed on the Platform will be sold at the price indicated on the Platform, unless otherwise specified (“Fee”). The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
- The Fee shall be exclusive of all applicable taxes and any taxes in respect of the Fee as may be payable under applicable law shall be the responsibility of the User.
- The User represents and warrants that any credit or payment information it supplies is true, accurate and complete in all respects. In the event the User commits a breach in respect thereof, the Company reserves its right to either suspend/terminate the Services with immediate effect or terminate Your access to the Platform.
- The User agrees and acknowledges that the Company uses third-party payment processors (“Payment Processors”) for any payments made on the Platform. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. The User further agrees and acknowledges that neither the Company nor any of its directors, employees, shareholders or other representatives shall be liable to the User under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.
- ACCESS AND USE
The Company grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform and Services, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform and Services is subject to the following representations and warranties:
- You may only access the Platform or Services using authorized and lawful means;
- We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by You to register with the Platform for such access or due to any other reasons whatsoever;
- Any configuration or set up of the Devices for access to the Platform and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or the Platform;
- You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Platform;
- You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data;
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform;
- You will not attempt to gain unauthorised access to any accounts, Service Professionals’ information, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes;
- You will not copy, distribute, or make derivative works of the Platform in any medium;
- You shall not recruit, solicit, or contact in any form the Service Professionals for employment or contracting for a business not affiliated with the Company;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Company’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, Easytaaza may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.
- We have made every effort to display the colours of our products offered on the Platform as accurately as possible. However, as the actual colours You see will depend on Your monitor, We cannot guarantee that Your monitor's display of any colour will be accurate.
- As a participant in the Platform, You agree to use careful, prudent, and good judgment when leaving feedback for other users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another User, the Company, in its sole discretion, may take any of the following actions: (i) delete Your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.
- Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at email@example.com;
- The Company does not and cannot review every posting made on the Platform. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by You or any other user and the Company shall not be responsible for any ensuing liability.
- INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos and service marks displayed on the Platform ("Marks") are the exclusive property of the Company. You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to a User, other third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Platform or the Services shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
By accepting these Terms and using the Platform and availing the Services, You agree that You shall defend, indemnify and hold the Company, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) misuse of Your access to and use of the Platform and/or the Service; (ii) any loss or injury to the Company’s representatives, Service Personnel resulting from or attributable to Your acts or omissions; (iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A)the content of any communications transmitted by You; and/or (B) transactions undertaken by You.
- DISCLAIMER OF WARRANTIES
- The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Platform and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
- The Platform is provided strictly on an "as is" basis. Notwithstanding anything contained in these Terms, the Company does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.
- Easytaaza reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the Services(or any part thereof) with or without notice and in its sole discretion. You agree that Easytaaza shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform or the Services.
- Easytaaza shall not be liable to You for any delay or failure in performance of the Services arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war or acts of regulatory or governmental agencies.
- The User acknowledges that the Company does not control the transfer of data over the communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from the User’s content or third party content.
- The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
- LIMITATION OF LIABILITY
In no event shall Easytaaza or anyone else involved in administering, distributing or providing the Platform an/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. Easytaaza or anyone else involved in administering, distributing or providing the Platform and/or Services further explicitly disclaim any and all liability for any the following:
- errors, mistakes or inaccuracies of the content displayed on the Platform;
- personal injury or property damage of any nature whatsoever, resulting from Our Services;
- the acts or omissions of Our representatives performing Services on Our behalf, including the Service Professionals;
- any failure or delay in the Services;
- any loss or damage arising out of Your failure to adhere to Your obligations under the Terms;
- user content or the defamatory, offensive, or illegal conduct of any third party;
- viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.
In no event shall Easytaaza or anyone else involved in administering, distributing or providing the Platform and/or Services be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the Fees paid by You to Easytaaza in respect of such specific transaction/booking pursuant to which the Services were availed.
- These Terms will continue to apply until terminated by either You or Us as set forth below.
- Termination by You: If You wish not to be bound by these Terms, you may terminate your relationship with Us by (i) not accessing the Website; and/or (ii) deleting Your Accounts (if any).
- Termination by Us: Easytaaza may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
- Easytaaza is required to do so in accordance with law; or
- Easytaaza has elected to discontinue, with or without reason, access to the Platform and/ or the Services (or any part thereof) either in general or specifically to You.
- Easytaaza shall not be liable to You or any third party for any such termination.
- Consequences of Termination:
- Once Your Account has been terminated, any and all content will be irretrievably deleted by Us, except to the extent that we are obliged to maintain or permitted to retain in accordance with law;
- All reward points, offers and discounts accrued to Your Account shall automatically terminate;
- The licences granted to You in terms of these Terms shall stand terminated effective immediately;
- The Company, in its sole discretion, may initiate appropriate legal proceedings against You, if necessary;
- Termination shall not affect Your liability or obligations arising prior to such termination and any and all amounts and charges payable by You pursuant to access or use of the Platform and/or Services shall become immediately due and payable.
- To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform;
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law;
- DISPUTE RESOLUTION AND GOVERNING LAW
- If there is a concern in respect of these Terms or the Services provided by the Company, You are requested to email Us details of the same at firstname.lastname@example.org. Any concern shall be sought to be addressed by the Company and in the event of any dispute, You and the Company shall endeavour to amicably resolve the dispute.
- These Terms shall be governed and construed under the laws of India and the courts of Bangalore shall have exclusive jurisdiction.
- DELIVERY POLICY
- Delivery Information: Every order is subject to product availability. In case item/items are not in stock at the time of delivery kindly refer to the shortage & settlement terms. Every order will be considered accepted and completed once the delivery notification is sent to you.
- Delivery Location: Items offered on the Platform are only available for delivery to addresses/areas mentioned in the Platform.
- Delivery Schedule: At the moment delivery days are Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of the week. Delivery time would be from 4:30 AM to 8 AM. Delivery schedule is to be used as a guide only and are subjected to the acceptance and approval of Your order. We suggest to use the ‘delivery on convenience’ to facilitate the delivery of the order.
- Delivery on Convenience: To help you receive Your order at your time of convenience, kindly provide special instructions during order placement.
- Delivery Costs: Shipping costs are based on the total amount of Your order. To find out how much Your order will cost, simply add the products You would like to purchase to Your cart on the Platform and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed.
- Promotional codes: Users can avail the benefit of only one promotional offer at a time. No two promotional offers can be combined at the time of making a booking.
- Questions and Suggestions: If You need any clarifications about the delivery of Your order or suggest improvement, please contact us at email@example.com.
- Easytaaza bag terms:
- We allot upto a maximum of 3(Three) re-usable bags (without any additional consideration) to You to facilitate the delivery of the products purchased vide the Platform. The following terms are required to be complied with in respect of the re-usable bags provided:
- The empty bag should be kept outside the delivery location the previous night, so We the same can be collected during delivery.
- The bag should be placed in a conspicuous place so as to be visible to the Service Professional.
- The bag should be washed every 10 (Ten) to 12 (Twelve) days.
- Any Subsequent new bags will be charged at Rs.130 (Rupees One Hundred and Thirty Rupees) per bag, which price may be modified at the sole discretion of Easytaaza.
- If the Service Professional had to use disposable bag for any reason, You will be charged Rs. 20 (Rupees Twenty) for the bag.
- CANCELLATION POLICY
- You are allowed to cancel your order within 24 hours from the date/time of Our order acceptance notification, and in this event We will gladly refund the full cost or as per specific under prevalent refund policy guidelines detailed hereunder.
- In any event of a cancellation, We will make every effort to accommodate this cancellation request of Your order and process as per return policy, providing Your order has not been marked ‘out for delivery’ in Our Platform.
- Cancellation request that does not comply to above mentioned practice, will be deemed invalid and thus refund/return terms will not be applicable. On specific case-to-case basis, We are committed to respect & listen to Your views, and look for methods of mutually acceptable alternative solutions.
- Easytaaza reserves the right to cancel any or any part of booking made/purchase order issued by the User without prior notification. On account of such cancellation for any reason whatsoever (other than for reasons solely attributable to the User), proportionate Fees shall be refunded to the User at the discretion of Easytaaza.
- RETURNS AND REFUND POLICY
- In case the item You purchased is defective, please contact us at firstname.lastname@example.org with details of the product and the defect within 2 hours of delivery [a]of the product along with a photograph of the said defective item.
- Upon receipt of the defective product, We will fully examine it and notify You via e-mail, within a maximum of 24 hours, whether You are entitled to a refund or a replacement as a result of the defect. If You are entitled to a credit note for the value of the return products which will be credited to Your account on the Platform. This can be used to pay Your subsequent shopping bills. Provided however that it is hereby clarified that the delivery charges which are part of the order shall not be part of the credit note.