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 electronic record is generated by a computer system and does not require any physical or digital signatures.
Max Hypermarket India Private Limited, a Company incorporated in India under the provisions of Companies Act, 1956 (referred to herein as 'Max Hypermarket, "Fruituncle", "fruituncle.in", "we", "our" or "us") operates the Internet e-commerce website www.fruituncle.in (or any successor site) and its related sub-domains, sites, Services and tools ("Website"). The Website is provided as a service to user and is intended to allow users to browse and order products and other goods or services ("Products") offered for sale on the Website ("Services"). Fruituncle reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.
NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY Fruituncle TO THE CONTRARY, USER SPECIFICALLY AGREES TO THE TERMS SET FORTH BELOW.
- TERMS AND CONDITIONS:
1.2 If user opts to register with the Website, then at the time of registration with the Website, as a registered user ("Registered User"), user must carefully read these Terms and accept them. User’s continued usage of the Website shall signify user’s acceptance to be bound by the latest Terms.
- USER CONDUCT AND CONTENT
2.1 User agrees to comply with all legal requirements of the jurisdiction in which users are located and the laws of India with regard to user’s usage of the Website, and user acknowledges that they are entirely responsible for ensuring user’s own familiarity with such requirements and user’s own compliance with the same.
2.2 The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information ("User Content") on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with user’s use of this Website. User warrants that any such User Content submitted by user to the Website is original (and does not infringe the intellectual property rights of others), and user hereby grants Fruituncle a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however Fruituncle desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to user, and user hereby waive any moral rights in such User Content. User agrees that they will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
2.3 Fruituncle will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating user in any way. Fruituncle is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content. User agrees that any User Content submitted by user to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity.
2.4 User further agrees that they shall not host, display, upload, modify, publish, transmit, update or share any information or User Content that:
a. is False;
b. belongs to another person and to which the user does not have any right to;
c. is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
d. harm minors in any way;
f. infringes any patent, trademark, copyright or other proprietary rights;
g. violates any law for the time being in force;
h. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
i. impersonate another person;
j. contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" contains malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
k. 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 any other nation.
2.5 Fruituncle does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. User grants Fruituncle the right to use the name that user submits in connection with any User Content. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content user submit. Users are and shall remain solely responsible for the content of any User Content user make and user agrees to indemnify Fruituncle and its affiliates and group companies for all claims resulting from any User Content user submits. Fruituncle and its affiliates and group companies take no responsibility and assume no liability for any User Content submitted by user or any third party.
- ACCOUNT AND REGISTERED USER:
3.1 In order to purchase any Products on the Website, user has to register and create an account secured by a password (the "Account"). Any Account so created is personal to user, and user may not transfer it to another person. User’s registration or order shall be complete after user accepts the Terms. The Terms will apply each time user submit an order for any Products on the Website.
3.2 Use of the Website is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" under the Indian Contract Act, 1872 including minors, un-discharged insolvents, mentally not fit etc. are not eligible to use the Website. If user registers and creates an Account, user is a "Registered User". To become a Registered User to submit an order for any Products on the Website, user must be at least 18 years of age, and must provide true, accurate, current, and complete in all respects information about himself (including name, date of birth, email address, phone number and other details) as requested during the Account creation process or at the time of submission of the order on the Website. If user is under the age of 18 years, use of the Website may be made by user’s legal guardian or parents on the Website who agrees to be bound by these Terms. If user’s parent or legal guardian agreeing to these Terms on behalf of a person under the age of 18 years, user’s parent or legal guardian is fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur. Fruituncle reserves the right to refuse service, terminate Accounts, or cancel orders at their sole discretion.
3.4 User is responsible for maintaining the confidentiality of user’s Account and password and for restricting access to user’s personal computer or electronic or other mobile or wireless device, and user agrees to accept responsibility for all activities that occur under user’s Account or password. Fruituncle assumes no liability to any person for any loss or damage which may arise as a result of any failure by user in protecting user’s password or Account. If Fruituncle has reason to believe that there is likely to be a breach of security or misuse of the Website, Fruituncle may require user to change user’s password or Fruituncle may suspend user’s account without any liability and prior intimation.
3.5 When user uses the Website or send emails or other data, information or communication to Fruituncle, user agrees and understands that they are communicating with Fruituncle through electronic records and user consents to receive communications via electronic records from Fruituncle periodically and as and when required. By registering user’s phone number with Fruituncle, user consents to be contacted by Fruituncle via phone calls and/or SMS notifications, in case of any order, shipment, delivery, and other communications. Fruituncle may communicate with user by email or phone or other modes of communication, electronic or otherwise.
- SERVICES; ORDER, PRICING AND PAYMENT:
4.1 The Services shall include:
i. The provision to user of the Website to purchase any Products;
ii. Procuring a logistics Company experienced with collection and transportation to deliver user’s purchased Products to user ("Logistics Supplier"); and
4.2 User agrees to pay the full amount payable for the product as indicated during the order process, including any shipping costs or charges including taxes incurred with that order. All prices are displayed in Indian National Rupees.
4.3 Fruituncle may not accept your order for Products if (a) the item/s is/are out of stock; (b) Fruituncle is unable to obtain authorisation for user’s payment; (c) shipping restrictions apply to a particular Product / Location; (d) Fruituncle finds a Product or pricing error; or (e) for any other reason at Fruituncle’s sole discretion. In any of these situations, Fruituncle will inform user that order has not been accepted, will not process payment and will not be liable to user or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
4.4 If there are any errors in the pricing that appears on the Website or during the order process due to various reasons. There may also be errors in transmission resulting in the interruption of user’s purchase. Without admissions, Fruituncle will in good faith try to resolve any issues that may arise as a result of such errors. User agrees to cooperate with Fruituncle to resolve such issues, and user agrees that Fruituncle shall have full discretion to determine the appropriate resolution in such cases.
4.5 All the products listed on the Website will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at an Offer/discounted price (inclusive of all taxes), unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to user on the date of delivery. Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by Fruituncle. Online price may not match with offline price at store due to various reasons. User shall not raise any dispute on the same. In case user gets billed erroneously at a price higher than MRP printed on the product pack, user shall call customer care to refund the difference as per the company policy.
4.6 While availing any of the payment method(s) available on the Website, Fruituncle will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to user due to:
i. Lack of authorization for any transaction/s, or
ii. Exceeding the preset limit mutually agreed by user and between "Bank/s", or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason/s
4.7 All payments made against the purchases/services on Website by user shall be compulsorily in Indian Rupees acceptable in the Republic of India and through instrument(s) issued in India or mode(s) for usage within India only. Website will not facilitate transaction with respect to any other form of currency or instrument or mode with respect to the purchases made on Website.
4.8 Fruituncle may offer multiple payment options through various instrument(s) or mode(s) for the convenience of the customers, including credit card, debit card, net banking, etc. Acceptance of card payment is at the sole discretion of Fruituncle and user may be asked to submit copy of photo identity proof too. Fruituncle reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any payment options on the Website shall at all times be subject to rules, regulations and guidelines under applicable laws and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process.
4.9 All payment transactions, including through credit/debit card, are subject to validation by the issuer as applicable. If the issuer of user’s payment instrument(s) refuses to authorise payment, Fruituncle has the right to cancel user’s order. Fruituncle cannot be held responsible if this should result in a delay in dispatching user’s goods/Products.
4.10 Fruituncle will evaluate customer buying and returning behaviour and reserves the right to refuse to process transactions to buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Fruituncle or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
4.11 Fruituncle 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 Fruituncle. As a result of such check if Fruituncle 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’ (customer’) commitment to pay transaction price.
4.12 All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming user’s purchase at the end of the process, user agrees to accept and pay for the item/s requested.
4.13 Certain orders may constitute improper use of the Website and its Services. Fruituncle reserves the right, at its sole discretion, to refuse or cancel any order for any reason. User’s Account may also be restricted or terminated for any reason, at Fruituncle’s sole discretion.
4.14 In the event that a Product is listed at an incorrect price due to an error in pricing, Fruituncle shall have the right, at Fruituncle’s sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Fruituncle may, at Fruituncle’s discretion, either contact user for instructions or cancels user’s order and notify user of such cancellation.
4.15 Fruituncle reserves the right, at its sole discretion and without prior notice, to limit the quantity / value of items purchased per person or per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
4.16 Payment Modes
Fruituncle offers user multiple payment options both for online (Debit/Credit cards, Net Banking, Wallet, Gift Card& Landmark Reward Points) and offline (Cash or Card on delivery and Food Coupons) however Fruituncle reserves its right to add or delete or modify any mode of payment or order value limit without any prior notice.
4.17 Discounts e-Coupons
Fruituncle Discount e-coupons are valid on shopping orders placed on the website/App, subject to the terms of this section. User’s use of a discount coupon indicates user’s agreement to be bound by these discount e-coupons terms and any terms on the coupon itself (collectively, the "Coupon Terms"). Fruituncle will only honour a coupon if it is used in accordance with the coupon Terms. Coupons that have been issued by Fruituncle are, and shall remain, the property of Fruituncle and are not transferable, cannot be resold, and have no cash alternative unless otherwise stated. After the expiration date, the coupons can no longer be used. Fruituncle reserves the right to reject or cancel the use of a coupon where fraud or illegal use is suspected. User will have no claim against Fruituncle in respect of such rejection or cancellation of a coupon.
- SHIPPING AND DELIVERY POLICIES
5.1 For Fruituncle to arrange to deliver any Products that user have purchased, user shall be solely responsible for providing the correct and accurate postal/delivery details.
5.2 Risk of loss and title for the Products that user purchase on the Website pass to user upon delivery of user’s purchased Products by the Logistics Supplier.
5.3 Shipping of Products shall be subject to the policy and guidelines laid down in the Website from time to time which user may please go through.
5.4 Fruituncle is not responsible for any delays in the shipping of user’s ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to user, which is due to user’s fault or due to inaccurate, false or incomplete information provided by user.
5.6 Delivery Slots and Timelines:
Fruituncle provides the option of delivery at user’s chosen location (within agreed deliverable areas) as well as option to place an order online and collect it from specified locations.
i. If user fails to take delivery on the agreed slot as mentioned, user needs to contact customer care team by phone or email. In case user wants modification in delivery slots or wants to cancel the order, user can inform the customer care team by phone or email. Fruituncle customer care team will also call in case user is not available to take delivery at the agreed slot.
ii. In case of any issues with taking delivery in the agreed slot, user can inform the customer care team 4 hours before user’s delivery slot for change in time slot by phone.
iii. In case of any issues with honouring the delivery slot from Fruituncle side owing to circumstances beyond Fruituncle’s control, user will receive a call from Fruituncle customer care.
iv. Delivery slots are subject to availability. In case, user’s preferred delivery slot is not available, user will be prompted for next available delivery slots.
v. Fruituncle will try to ensure delivery of all products ordered by user, however due to unforeseen issues, there is possibility that Fruituncle may not be able to deliver a product ordered by user. User will receive a mail notification from Fruituncle customer care informing user about items that Fruituncle cannot deliver. User may also ask for cancellation/modification of order on account of this by calling customer care before delivery.
vi. It is user’s responsibility to count and check all the products while accepting the products as per user’s order. No dispute will be entertained by Fruituncle once user accepts the products at the delivery point/collection points. Delivery person will come with an invoice and user can check invoice and all products.
5.7 Click & Collect Order Packing Mechanism
User may choose to bring own bag or purchase carry bags from click and collect centre.
5.8 Shipping Charges:
Fruituncle will do free Home delivery for order value of Rs. 499/- and above. However, Home delivery charges of Rs. 50/- will be charged for order value which is less than Rs. 499/-
- RETURNS, REFUNDS, EXHANGE AND CANCELLATION POLICIES
Fruituncle has "no questions asked return policy" which entitles all customers to return the product at the time of delivery if they are not satisfied with the quality.
6.1 Category-wise Return Policy
All electric, electronic, Luggage, information technology products shall be subject to manufacturer’s warranty only and is not covered under return/exchange policy. User can return it to the delivery personnel at time of delivery or user can contact our customer support team and Fruituncle will do the needful. Fruituncle requests user to check all the items at the time of delivery. After sales service, wherever is applicable, will be provided by authorized service centres of the respective manufacturers, based on their terms and conditions of warranty. For reasons of health & hygiene, undergarments, personal care, swimwear, socks, cosmetics, crockery, Jewellery, frozen foods, dairy and bakery products, loose staples & dry fruits, fruits and vegetables, baby food, over the counter medication (OTC) & products of similar nature cannot be returned or exchanged later. Please refer returns and exchange policy for returns.
Refunds for user’s order returns / cancelations / updates will be processed in following manner:
i. In case of entire order getting cancelled or returned:
a. Prepaid Orders - The amount paid by credit card, debit card, net banking, online wallet and reward points will be paid back in respective tender in which amount was paid by user.
b. COD Orders - The amount paid by cash, debit & credit cards and food coupons will be refunded to the customer as per store returns policy.
c. Delivery charges will be also refunded to user.
ii. In case of partial return
a. Prepaid Orders - The amount paid by credit card, debit card, net banking, and online wallet will be paid back in respective tender in which amount was paid by user. The amount paid by reward points and gift cards will be credited to user’s store wallet.
b. COD Orders - The amount paid by cash, debit & credit cards and food coupons will be refunded to the customer as per store returns policy.
c. Delivery charges will not be refunded to user.
d. If a product is returned and user order value goes below minimum order requirement of Rs. 399, user will not be assessed an additional delivery / packing fee of Rs. 30.
iii. In case user has used a coupon, user can contact the customer service to get back the coupon. Customer service agent will issue similar coupon of same value to user.
6.3 Return, Exchange and Cancellation Policy:
All products listed on our website can be returned subject to the following conditions:
Product Condition: A product cannot be returned unless it is a defective, broken, faulty, leaking or not of satisfactory quality.
Products should be returned in the original condition user had received them. Please understand that Fruituncle cannot accept returns under the following instances:
(i) Returns will not be entertained on altered, damaged, used products
(ii) Damages due to mishandling of product; (ii) products with tampered or missing labels; (iii) any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, original invoice and all other items originally included with the product(s) delivered.
Product Accessories / Freebies / Bundles & Combos: All the product accessories available with the product and / or all the freebies associated with the product and / or other products associated as "bundles" or "combos" with the product should also be returned so as to enable us to initiate the return process.
a. Processed items - no refund, except if assessed poor quality. Product can be returned at the time of delivery
b. All Fresh items - Product can be returned at the time of delivery
c. Dairy & Frozen items - Product can be returned at the time of delivery
d. Dry items - Within 24 hours of delivery (contact customer care team)
6.4 All payments made by user towards correctly returned products will be refunded as per the Returns Policy. If user thinks that Fruituncle has provided with an incorrect refund, please contact immediately on firstname.lastname@example.org and email@example.com.
6.5 Please note card refunds in case of prepaid orders may take up to 15 business days for user’s bank to complete, depending on their processing time. This can vary greatly between card issuers, and Fruituncle shall not be liable for any delays in refund by card companies. Fruituncle offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
6.6 Cancellation by customer
User can call Fruituncle customer care to cancel the orders up to 4 hours prior to the preferred delivery slot. User can call customer care within the operational hours that is 9:00 am to 10:00 pm all 7 days of the week. In such a case Fruituncle will refund any payments already made by user for the order within 15 working days of user’s cancellation as per refund policies.
i. Partial cancellation by customer
In case of partial cancellation, order value will be recalculated. In such a case Fruituncle will refund any payments already made by user for the order within 15 business days of user’s cancellation as per refund policies.
ii. Cancellation by Fruituncle
If Fruituncle suspects any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, Fruituncle at sole discretion could cancel such orders. Fruituncle will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
While every effort has been taken to label the products accurately, errors in data entry and updating may occur. Fruituncle reserves the right to cancel the order in case a transaction has been made where the prices indicated was not the correct price. In the rare event that happens, Fruituncle will give a full refund of all money received from the customer. Fruituncle has full right to cancel any order which does not fall under the service criteria and/or is not from the city, pin code or area where Fruituncle is currently not servicing.
- DISCLAIMER OF WARRANTIES
8.1 To the fullest extent permissible by law, Fruituncle does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Website or that the Services will meet any particular criteria of performance or quality.
8.2 Fruituncle makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website or Services available through it.
8.3 Although Fruituncle intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, Fruituncle does not represent or warrant that the Website, or Services, features or materials that may be available through the Website, are free from such destructive features. Fruituncle is not liable for any damages or harm attributable to such features.
8.4 Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Fruituncle does not warrant and cannot ensure the security or confidentiality of any information user transmits to www.fruituncle.in. Accordingly, any information user transmits to www.fruituncle.in is transmitted at user’s own risk.
8.5 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE PROVIDED BY Fruituncle ON AN "AS IS" AND "AS AVAILABLE" BASIS. Fruituncle MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Fruituncle DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, Fruituncle DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. USER ACKNOWLEDGE, BY USER’S USE OF THE Fruituncle’ WEBSITE, THAT USER’S USE OF THE WEBSITE IS AT USER’S SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
8.6 PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER/SUPPLIER. AT TIMES, MANUFACTURERS/SUPPLIERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON Fruituncle WEBSITE, THUS Fruituncle CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT USER DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT USER ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER/SUPPLIER. Fruituncle ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY Fruituncle.
- LIMITATION OF LIABILITY AND INDEMNITY
9.1 Nothing in these Terms is intended to affect user’s rights under law. The use of the Website or any of the Services or Products is at user’s own risk, and unless otherwise stated in these Terms, user assumes full responsibility and risk of loss resulting from user’s use of the Website or any of the Services or Products.
9.2 By using the Website, user agrees, to the fullest extent permitted by law, to indemnify and hold Fruituncle, its directors, officers, employees, affiliates, group companies, agents, contractors, and licensors harmless with respect to any claims arising out of user’s breach of these Terms, user’s use of the Website or any of the Services, user’s non-compliance with applicable laws or regulations in the jurisdiction in which users are accessing the Website or the Services, or any action taken by Fruituncle as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. User agrees to defend, indemnify and hold harmless Fruituncle and its affiliates and group companies from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to user’s use of the Website or any breach by user of these Terms.
9.3 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Fruituncle OR ANY OF ITS AFFILIATES, GROUP COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF Fruituncle HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE Fruituncle WEBSITE www.fruituncle.in; (II) USER’S USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERTHROUGH THIS WEBSITE; (III) USER’S PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO Fruituncle; (IV) THE PROVISION OF SERVICES BY Fruituncle; OR (V) ACTS OR NEGLIGENCE ON THE PART OF Fruituncle. IN NO EVENT WILL Fruituncle BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES IN EXCESS OF THE AMOUNT PAID BY USER TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. USER HEREBY RELEASES US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
10.1 Any links or references to other Internet websites ("hyperlinks") contained on the Website are provided by Fruituncle merely as a convenience to user and other users of the Website, and Fruituncle is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked websites should no way be construed as an endorsement, representation(s) or promotion by Fruituncle as to the content, representations, accuracy, products or Services found or otherwise described in such linked websites. Use of these linked websites is done at user’s own risk and consequences.
10.2 Except as otherwise expressly stated, Fruituncle owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Website, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Fruituncle unless otherwise noted. The Marks on the Website are variously protected by the laws of India and other countries. No use of any of these Marks may be made without the prior, written authorisation of Fruituncle, except for the sole purpose of identifying the products or Services originating from Fruituncle. Fruituncle expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Fruituncle' or any third party's intellectual property rights. Access to this Website does not authorise anyone to use any name, logo or mark in any manner.
10.3 User may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Website content in any way except for user’s own personal, non-commercial use. User further agrees not to adapt, alter or create a derivative work from the Website content except for user’s own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires a prior written permission from Fruituncle.
10.4 Fruituncle reserves the right to correct any errors or omissions in the Website and to improve the contents at any time without prior notice. If user relies on the Website and any materials or Services available through it, user does so entirely at your own risk. Furthermore, Fruituncle reserves the right to alter, limit or discontinue the provision of any of the Services contained in this Website at any time without prior notice to user.
10.5 Fruituncle may terminate or suspend user’s access to all or part of this Website, without prior notice, for any conduct that Fruituncle, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the Fruituncle or a third party. Notwithstanding such termination or suspension, user will continue to be subject to Clauses 2, 8, 9, 10.2, 10.3 of these Terms. Except as otherwise expressly stated in these Terms, Fruituncle shall not be liable to user or to any third party for any modification, termination, suspension or discontinuation of the Website.
10.7 User is prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
10.8 User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Fruituncle or the brand name or domain name used by Fruituncle or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fruituncle or otherwise tarnish or dilute any of Fruituncle trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Fruituncle.
10.9 User understands that by using this Website or any Services provided on the Website, user 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. User agrees to use the Website and any service at user’s sole risk and that Fruituncle and its affiliates and group companies shall have no liability to user for content that may be deemed offensive, indecent, or objectionable.
10.10 User acknowledges that the purchased goods licensed or sold on the Website, which may include technology and software, are subject to the customs and export control laws and regulations of India and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Website, user agrees to abide by the applicable laws, rules and regulations and user represent and warrant that user will not transfer, by electronic transmission or otherwise, the software or technology in violation of the law.
10.11 User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding user’s use of Fruituncle’s Service and purchase, solicitation of offers to purchase, and sale of products or services. User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10.12 The Products on the Website is presented solely for the purpose of sale and delivery in India. Fruituncle makes no representation that Products in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Fruituncle is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
10.13 If user is not a consumer, user confirms that user has authority to bind any business on whose behalf users use this Website.
10.14 If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Fruituncle to act with respect to a breach of these Terms by user or others does not constitute a waiver and shall not limit Fruituncle' rights with respect to such breach or any subsequent breaches.
10.15 User’s unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
10.16 The Terms shall be governed by the laws of India and any disputes shall be subject to the exclusively jurisdiction of courts at Bengaluru alone. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.
10.17 User acknowledges and agrees that no joint venture, partnership, employment, or agency relationship exists between user and Fruituncle as a result of user’s use of this Website.
10.18 A reference to the Website in these Terms includes the website URL www.fruituncle.in and any successor website URLs.
10.19 These Terms (i) constitute the entire agreement between user and Fruituncle with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) will be governed by the laws of the India as applied by the Courts of Bengaluru alone(other than the conflicts of law’s provisions thereof), (iii) may not be amended, terminated or waived orally, and (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by user. Any terms of these Terms that may be invalid will not affect the validity of enforcement of the remaining valid terms of Terms.
10.20 If user do not agree to (or cannot comply with) any of these Terms, do not use this Website.
10.21 Fruituncle shall not be held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.
- IMPORTANT INFORMATION
11.1 Fruituncle has made every effort to display as accurately as possible the colours of the Products that appear on the Website. However, as computer monitors vary, Fruituncle cannot guarantee that user’s monitor's display of any color will be accurate.
11.2 Fruituncle attempts to be accurate in its Product descriptions. However, Fruituncle does not warrant that Product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.