Terms of Use

‘https://www.idfreshfood.com/’ (“Website”) is a property of and operated by ID Fresh Food (India) Private Limited (“ID Fresh”) registered under the Companies Act, 2013, and having its registered office at Sy.Nos. 515/2, 515/3, 515/4, 516/2, 516/3, 516/4, 533, Madivala village, Kasaba Hobli, Anekal Taluk Bangalore, Karnataka, 562107, India. By accessing or using any version of the Website (“Platform”), you signify that you have read, understood and agree to be bound by these Terms of Use (“Terms of Use”) and any other applicable law. As used herein, “Users” shall mean anyone who uses or accesses the Platform on any computer, mobile phone, tablet, console or other device (collectively, “Device”). Your continued use of the Platform shall be constituted as your acceptance to the Terms of Use, as revised from time to time. If you do not agree with these Terms of Use, please do not access and use the Platform. For the purposes of these Terms of Use, “we”, “our” and “us” shall mean ID Fresh, and/or third-party service providers engaged by ID Fresh to render certain services on the Platform and “you” and “your” shall mean a User who meets the eligibility criteria set out below.

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use the Platform.

 

  • DISCLAIMERS

    • You acknowledge and agree that:

    1. Although We strive to provide on this Platform the latest developments relating to Our products and services, and other information about Our Company, We do not warrant the accuracy, effectiveness and suitability of any information contained in this Platform. User of this Platform assumes full responsibility and all risks arising from use of this Platform. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. ID Fresh reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
    2. Id Fresh makes no representations or warranties of any kind or nature with respect to the information or content posted on this Platform. ID Fresh hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. in no event shall ID Fresh be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this Platform, regardless of whether ID Fresh has been advised as to the possibility of such damages.
    3. ID Fresh is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Platform, ID Fresh will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Platform. Such information should, therefore, be considered as suspect and is not endorsed by ID Fresh.
    4. This Platform may contain forward-looking statements that reflect ID Fresh’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the general economic conditions. ID Fresh intends to update this site on a regular basis but assumes no obligation to update any of the content.
    5. The Platform and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

     

  • YOUR USE

    • You understand, acknowledge, and agree to the following:

    1. By using this Platform, You agree not to disrupt or intercept Our electronic information posted on this Platform or on any of Our servers. You also agree not to attempt to circumvent any security features of Our Platform, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
    2. You voluntarily grant to ID Fresh the consent and right to use all content You upload or otherwise transmit to this Platform, subject to these Terms of Use and ID Fresh Privacy Policy in any manner ID Fresh chooses, including, but not limited, to collect, use, store, transfer (including outside of India), process, disclose, copy, display, perform or publish it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
    3. Except as expressly stated and agreed upon in advance by ID Fresh, no confidential relationship shall be established in the event that any User of this Platform makes any oral, written or electronic communication to ID Fresh (such as feedback, questions, comments, suggestions, ideas, etc.). If any ID Fresh Platform requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), ID Fresh shall obtain, use and maintain it in a manner consistent with Our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and ID Fresh shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to ID Fresh is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
    4. We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.
    5. In consideration of ID Fresh granting You the rights hereunder, You hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any ID Fresh server, or interfere with any other party’s use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means.
    6. The Platform is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform. You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Platform. Also, you shall not reverse engineer or reverse compile our technology that is available on the Platform, as may be associated with the Platform from time to time.
    7. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
    8. You shall request ID Fresh, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
    9. You are responsible for any and all activities that occur in your Account. You agree to notify ID Fresh immediately of any unauthorized use of the Account or any other breach of security. ID Fresh shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform ID Fresh within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
    10. You shall be liable for losses incurred by ID Fresh or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and ID Fresh.
    11. ID Fresh shall make all reasonable efforts to ensure that your information is kept confidential. However, ID Fresh shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
    12. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and ID Fresh shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
    13. You understand and acknowledge that upon using the Platform, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Platform, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
    14. You shall not to host, display, upload, modify, publish, transmit, store, update or share any information that:
      1. belongs to another person and to which the user does not have any right;
      2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
      3. is harmful to child;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. any law for the time being in force;
      6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      7. impersonates another person;
      8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
      9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
      10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

  • ELIGIBILITY

    • You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Term of Use. You shall not access and use the Platform if you are not competent to contract under the applicable laws, rules and regulations.

     

  • USER ACCOUNT, PASSWORD AND SECURITY
    1. You have an option to set a security passcode on the Platform once you are approved for a credit limit. You are responsible for maintaining the confidentiality of the passcode and your account (“Account”) and are fully responsible for all activities that occur under your passcode or Account. You agree to: (i) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (ii) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
    2. You hereby acknowledge that the deletion of the Platform from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of ID Fresh, immediately upon receiving your written request to that effect ID Fresh shall remove and/delete all such information.

     

  • INTELLECTUAL PROPERTY
    1. The information, documents, and related graphics published on the Platform (the “Information”) are the sole property of ID Fresh except for information provided by third-party providers under contract to ID Fresh, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Platform are used separate from accompanying text. ID Fresh is not responsible for content provided by third-party providers, and You are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of ID Fresh.
    2. No use of any ID Fresh trademark, trade names, trade dress and products on the Platform may be made without the prior written authorization of ID Fresh, except to identify the product or services of the company.
    3. If You believe that Your work has been copied and is accessible on this site in a way that constitutes copyright infringement, You may notify ID Fresh by providing us with the following in writing:
      1. Identification of the copyrighted work that You claim has been infringed;
      2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit ID Fresh to locate the material;
      3. Your name, address, telephone number, and email address;
      4. An affidavit (duly sworn before a notary) containing a statement by You that You have a good faith and belief that the disputed use is infringing and not authorized; and that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
      5. The physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.

      To submit a notification of claimed infringement, please contact ID Fresh at info@idfreshfood.com.

    4. All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“Platform Content”), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Platform and the Platform Content.
    5. You may access the Platform, avail of the features and facilities and utilize the Platform Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Platform Content, you could contact us in the manner provided for herein.
    6. ID Fresh and its licensors, if any, are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.

     

  • PRIVACY AND SECURITY

    • ID Fresh is committed to safeguarding Your privacy online. We understand the importance of privacy to Our Users and visitors to Our Platform. Our use of personally identifiable information is governed by Our Privacy Policy and by accessing and using Our Platform; You agree to be bound by that policy. Please check our Privacy Policy on how ID Fresh uses the confidential information provided by its Users.

  • INDEMNIFICATION
    1. You agree to protect, defend and indemnify Us and hold Us and Our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Platform in violation of these Terms of Use and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
    2. The terms of this clause will survive any termination or cancellation of these Terms of Use or Your use of the Platform.
    3. ID Fresh shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of ID Fresh including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
    4. Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these Terms of Use.

     

  • LIMITATION OF LIABILITY
    1. ID Fresh does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Platform. Reliance on these materials, information and opinions is solely at your own risk. ID Fresh disclaims any liability for injury or damages resulting from the use of this Platform, or the content contained thereon.
    2. THIS ID FRESH PLATFORM, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL ID FRESH, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “ID FRESH PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS PLATFORM, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS PLATFORM OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS PLATFORM OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ID FRESH AND WHETHER OR NOT ID FRESH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
    3. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER Terms Of Use MAY APPLY TO THIS AND OTHER Platform OWNED OR OPERATED BY ID FRESH, ITS SUBSIDIARIES OR AFFILIATES.
    4. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the Platform’s functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the Platform, any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the Platform, or inability to use the Platform, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.

     

  • TERMINATION
    1. ID Fresh may terminate the use of the Platform at any time after giving notice of the termination to you.
    2. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Platform.

     

  • SEVERABILITY

    • If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

     

  • ASSIGNMENT

    • You shall not assign or transfer any rights, obligations, or privileges that you have under these Terms of Use, without the prior written consent of ID Fresh. Subject to the foregoing, these Terms of Use will be binding on the successors and permitted assignees of ID Fresh. Any assignment or transfer in violation of this clause will be deemed null and void.

     

  • GOVERNING LAW AND DISPUTE RESOLUTION

    • These Terms of Use (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the Platform, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, in the event of any disputes arising out of or in relation to your access to and use of the Platform.

     

  • GENERAL

    • You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. ID Fresh Platform was created and is operated under the laws of India. The laws of India will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. You agree that regardless of any applicable law to the contrary, You cannot file a claim or cause of action arising out of or related to ID Fresh Platform or these Terms of Use more than one (1) year after such claim or cause of action arose.