General Terms

freshok - Terms of Use 

This document is an electronic record in terms of 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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.freshok.in web platform and freshok application for mobile and handheld devices.

These terms of use (the "Terms of Use") govern your use of our web platform www.freshok.in web platform and freshok application for mobile and handheld devices (the "App"). The Web Platform and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with freshok and you signify your acceptance to this Terms of Use and other freshok policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. The Platform is owned and operated by Raspil Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at 309C, Tekchand nagar, gurgaon, Haryana, 122006, India.

 

Availability:

 

Services of the platform would be available to only selected geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the platform. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

 

Account & Registration Obligations:

 

All customers have to register and login for placing orders on the platform. You have to keep your account and registration details current and correct for communications related to your purchases from the platform. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service. However, the Account created on the web platform would be for the lifetime of the customers.

Pricing:

 

All the products listed on the platform will be sold at MRP unless otherwise specified. 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, some of the commodities and fresh food prices do change on a daily basis. 

 

Cancellation by platform / Customer:

 

You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by using our application. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the web platform, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Return & Refunds:

 

Our Return and Refund policy entitles all our members to return the product at the time of delivery if due to some reason, they are not satisfied with the quality or freshness of the product. We will issue a credit note for the value of the products complained which will be credited to your account on the platform. This can be used to pay your subsequent shopping bills. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by freshok for redelivery shall be claimed from you. freshok reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated web platforms without prior intimation whatsoever. That you are accessing the services available on this platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this platform. You will ensure that the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. Before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description. We have made every effort to display the colours of our products that appear on the Web 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.

Modification of Terms & Conditions of Service:

 

freshok may at any time modify the General Terms without any prior notification to you. You can access the latest version of these at any given time on the platform. You should regularly review the Terms & Conditions on the platform. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the Service.

Governing Law and Jurisdiction: This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gurgaon shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by freshok and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Gurgaon. The High Court of judicature at Haryana alone shall have the jurisdiction and the Laws of India shall apply.

Copyright & Trademark:

 

freshok expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this platform. You may not modify, distribute or re-post anything on this web platform for any purpose. freshok is not responsible for the content of any third party platforms and does not make any representations regarding the content or accuracy of material on such platforms. If you decide to link to any such third party web platforms, you do so entirely at your own risk. freshok does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the platform. You grant freshok the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify freshok and its affiliates for all claims resulting from any Comments you submit. freshok and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Objectionable Material:

 

You understand that by using this platform or any services provided on the platform, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the platform and any service at your sole risk and that to the fullest extent permitted under applicable law. freshok and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you. You may not use the platform for any of the following purposes: Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; Gaining unauthorized access to other computer systems.; Interfering with any other person's use or enjoyment of the platform; Breaching any applicable laws; Interfering or disrupting networks or web platforms connected to the platform; Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Indemnity:

 

You agree to defend, indemnify and hold harmless freshok, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to freshok or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

Termination:

 

This User Agreement is effective unless and until terminated by either you or freshok. You may terminate this User Agreement at any time, provided that you discontinue any further use of this platform. freshok may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the platform, Such termination will be without any liability to freshok. Upon any termination of the User Agreement by either you or freshok, you must promptly destroy all materials downloaded or otherwise obtained from this platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. freshok's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Web Platform or affect any liability that may have arisen under the User Agreement. That you will use the services provided by the platform, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the platform. You will provide authentic and true information in all instances where such information is requested of you. 

 

Privacy Policy

 

  1. As part of the registration process on the platform, freshok may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile, phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the platform you visit/access, the links you click on the platform, the number of times you access the page and any such browsing information.

  2. freshok will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey or any combination thereof. The platform may contain links to other Web platforms. freshok is not responsible for the privacy practices of such Web platforms which it does not own, manage or control. The platform and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to the platform.

  3. freshok will use your personal information to provide personalized features to you on the platform and to provide promotional offers to you through the platform and other channels. freshok will also provide this information to its business associates and partners to get in touch with you when necessary to provide the services requested by you. freshok will use this information to preserve transaction history as governed by existing law or policy. freshok may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers. freshok will also use this information to serve various promotional and advertising materials to you via display advertisements through the Google Ad network on third party web platforms. You can opt out of Google Analytics for Display Advertising and customize Google Display network ads using the Ads Preferences Manager. Information about Customers on an aggregate (excluding any information that may identify you specifically) covering Customer transaction data and Customer demographic and location data may be provided to partners of freshok for the purpose of creating additional features on the web platform, creating appropriate merchandising or creating new products and services and conducting marketing research and statistical analysis of customer behaviour and transactions.

  4. freshok will not use your financial information for any purpose other than to complete a transaction with you. freshok does not rent, sell or share your personal information and will not disclose any of your personally identifiable information to third parties. In cases where it has your permission to provide products or services you've requested and such information is necessary to provide these products or services the information may be shared with freshok’s business associates and partners. freshok may, however, share consumer information on an aggregate with its partners or third parties where it deems necessary. In addition freshok may use this information for promotional offers, to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the platform’s terms of use or to defend against legal claims; special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.

  5. To protect against the loss, misuse and alteration of the information under its control, freshok has in place appropriate physical, electronic and managerial procedures. For example, freshok servers are accessible only to authorized personnel and your information is shared with employees and authorised personnel on a need to know basis to complete the transaction and to provide the services requested by you. Although freshok will endeavour to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this platform, you agree that freshok will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

  6. To correct or update any information you have provided, the platform allows you to do it online. In the event of loss of access details you can send an e-mail to: contactus@freshok.in


 

Contact Information

Raspil Private Limited

309C, GALI NO. 3, TEKCHAND NAGAR, GURGAON, HARYANA, 122001

CIN: U74999HR2020PTC089802. 

Tel.: +91 9810905566

Email id: contactus@freshok.in