Terms of Use
These Terms of Use constitute a legal agreement between you and EFGH Foods (“We”, “Our” or “Us”). It governs your use of www.efghfoods.com (“Website”) or any part thereof, including Our software, services and related websites or mobile applications (collectively referred to as “Services”). Your access and use of the Services are subject to these Terms of Use, the Privacy Policy. These Terms of Use are in addition to any other agreements between you and Us. By using the Services, you acknowledge that you have read and understood these Terms of Use and you agree to be bound by them at all times. If you do not agree to these Terms of Use, kindly do not use the Services.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or ‘Your’ or ‘User’ shall mean any natural or legal person who uses or registers on the Website or avails of any of the Services.
Modifications
We reserve the right to modify any of these Terms of Use at any time and in any manner whatsoever, at Our sole discretion. All modifications to these Terms of Use shall be posted on the Website and shall be effective from the date of posting such notice. You agree that We shall not be liable to You or to any third party for any modification to these Terms of Use. You have the right to cease using any or all of the Services at any given time at Your discretion.
Registration
By using the Services, You agree that You are competent to contract and are at least 18 years of age. However, if You are below the age of 18 years, you may avail the Services under the supervision of a parent or a legal guardian.
You agree that You shall provide true, accurate, current and complete information about yourself at the time of registration for the Services or at anytime so required thereafter (“Registration Data”). You further agree to maintain and update the Registration Data from time to time, so as to keep it true, accurate, current and complete at all times. In the event that We have reasonable grounds to suspect that You have provided Us with untrue, inaccurate, incomplete or out of date information, We shall have the right to suspend or terminate Your account and cease to provide You with present or future Services.
You are solely responsible for maintaining the confidentiality of Your login name and password (“Login Details”). You shall further be responsible for all activities conducted on Your account. In the event that You suspect any unauthorized use of Your account You shall promptly notify Us of the same.
Charges
You may access the Website at no cost. However, some features and functionalities on the Website including purchase of products on the Website shall be at a charge.
We reserve the right to modify Our price structure for the products sold on the website and to or add new features and functionalities from time to time and at Our sole discretion. Changes to any pricing structure shall be posted on the Website and shall come into effect from the date of posting.
All payments, unless otherwise stated may be made in your respective currency. You further agree to comply with all applicable Indian laws as well as laws of your respective jurisdictions while transacting on the Website.
Once an order is placed and the product(s) has been dispatched by Us, You cannot cancel the order. However, in the event you request for cancellation, We are not obligated to refund any amounts paid by You, but we may choose to refund such amounts or any part thereto at Our sole discretion.
The credit/debit card information supplied at the time of using placing an order is processed by the payment gateway of the service provider and is not supplied by Us. It is Your sole responsibility to ensure the authenticity and correctness of information entered in the relevant fields.
We recommend that you retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the Service.
You agree and confirm that Your personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that We have no control over such matters. The service is provided using a payment gateway service provider through a secure website. However, neither do we nor the payment gateway service provider give any assurance, that the information so provided online is secured or may not be read or intercepted by a third party. We do not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by You.
We shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.
Shipping Policy
You acknowledge that shipping charges are in additional to the price of the products ordered You. Our standard shipping charge is Rs. 100/- for all orders below Rs.2,000/- within Bangalore city. Our shipping services are subject to the coverage areas serviced by our shipment partners.
We do not accept returns or exchanges once the order has been shipped unless there is a manufacturing defect in the product.
Usage Guidelines and Restrictions
You agree that the Services are for Your personal/corporate use and You shall not host display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You have no right or contains any video, photographs, or images of any third-party person or group of persons without their consent (including minors represented by their parents / guardians);
is misleading, abusive, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, obscene, invasive of another’s privacy, defamatory, hateful, racially, ethnically objectionable, sexually explicit, bigotry, disparaging, relating or encouraging money laundering or gambling, or unlawfully threatening, unlawfully harassing or otherwise unlawful in any manner whatsoever;
involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets, invasion of rights of privacy including but not limited to unauthorized disclosure of a person’s name, email address, physical address or phone number;
promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
engages in commercial activities and/or sales without prior written consent from Us, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website;
interferes with another User’s use and enjoyment of the Services;
harms minors in any way;
deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person or group of persons;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; providing or creating computer viruses
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 cognizable offence or prevents investigation of any offence or is insulting to any other nation.
is false, inaccurate or misleading and which may create any such liability for Us or cause Us to lose (in whole or in part) the services of Our internet service providers (IPS) or other suppliers;
You further agree that You shall not use any “page-scraper”, “robot”, “spider” or other automatic device, program, algorithm, hacking tool or methodology, or any similar or equivalent manual process or technology for the purpose of hacking, accessing, acquiring, copying, mining or monitoring any portion of the Website or any content thereon, or reproduce or circumvent the navigational structure or presentation of the Website or any content thereon, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to terminate any such User’s account and bar any such activity.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information of any other User, including but not limited to any account on the Website not owned by You, to its source, or exploit any or all of the Services or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or Our brand name or domain name, or otherwise engage in any conduct or action that might tarnish Our image or reputation, or that of Our sellers or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill.
You agree that You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Our systems or networks, or any systems or networks connected to Us.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send Us, on or through any of the Services offered on or through the Website.
You shall not use the Services or any content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes Our rights or the rights any other person.
You shall not engage in any transaction, which is prohibited by the provisions of any applicable law of India or Your respective domestic laws, including prevailing exchange control laws or regulations and / or international law.
Content
The Services may allow You and other third parties to post data, messages, comments, photographs, drawings, opinions, videos, audio files, e-mails, notes and other materials and information that may be accessible by You or other Users. (“Private Content”); (the Private Content along with the User Login Details and Registration Data shall collectively be referred to as “User Content”). You agree that You shall be personally responsible for all User Content transmitted through any or all of the Services. You shall ensure that all User Content posted by You shall be in accordance with Our Privacy Policy and these Terms of Use.
We may in Our sole discretion review and delete any User Content, in whole or in part that We may perceive to be offensive, illegal or violating any third-party rights and / or otherwise breaches these Terms of Use.
You hereby grant Us complete access to Your User Content including but not limited to a royalty free, worldwide, transferable license to use Your User Content for the purposes of rendering the Services or rendering you access to the Services (or to any part thereto).
Termination
These Terms of Use shall remain in full force and effect unless terminated in accordance with this section. You may choose to terminate Your account for any reason, at any given time.
You agree that We may at any given time, at Our sole discretion terminate Your Login Details, Your account (or any part thereof), use of the Services and/or access to the Website (or any part thereof) due to lack of use of the Services, improper use of the Services, violation of any law in force or these Terms of Use or failure to pay any fees, where applicable.
You agree that under no circumstances shall We be liable to You or any third party for any modification or termination of Your access to the Services, or for Your inability to recover any User Content.
Limited liability
We and Our affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents shall not be held liable for any indirect, speculative, consequential, exemplary, incidental, special or punitive damages, which may include but not be limited to loss or theft of data, failure in the Services, business interruptions, and loss of profits, revenues or data or any other financial loss, regardless of whether such persons had advance notice of the possibility of any such damages. To the extent permitted by law, We and Our suppliers, distributors, shareholders, directors and employees liability shall not exceed the amount paid by You for the products.
Each of these provisions are severable and independent of all other provisions of these Terms of Use. Notwithstanding the above, We shall not be liable for any unforeseeable and/or unreasonable damages.
We shall not be liable for any third-party content, actions, services; or links to third-party websites on the Website, which are not under Our control. You are advised to exercise discretion while relying on the same.
Indemnity
You agree to defend, indemnify and hold harmless Us, Our affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents from and against any and all cost, damages, liabilities and expenses (including reasonable attorney fees, costs, penalties interest and disbursements) they may incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to Your use of the Services or the use of the Services by any person using Your account, including any claim that Your use of the Services violates any applicable law or regulation, rights of any third party or these Terms of Use.
Representations and Warranties
The Services and content thereto made available to You through the Website or otherwise are provided to You on an ‘as is’ basis, without representations or warranties of any kind. We disclaim all representations and warranties whether expressed or implied, oral or written with respect to the Services or content thereto, whether alleged to arise by operation of law, by reason of custom, usage or otherwise.
We further make no representation or warranty with respect to the quality, value, scalability, functionality, accuracy, authenticity, title and non-infringement of the content or Services offered on the Website or otherwise.
Intellectual Property
You shall own all right, title and interest including all intellectual property rights to Your User Content. We shall not be responsible for any infringement of any third-party intellectual property rights in the User Content posted by You on the Website, in Your private messages or otherwise.
Your access to the Services is governed and limited by your acceptance of these Terms of Use and We retain all rights, title and interest in and to the Services and all intellectual property thereto including but not limited to various tangible and intangible information including, various data, trademarks, trade names, trade secrets, registered or unregistered patents, copyrights, designs, or any other documents.
Force Majeure
In no event shall We be liable for any loss or damage incurred by due to failure or deficiency in performance of the Services or the delivery of the products due to causes beyond Our reasonable control including war, fire, blockade, epidemics, pandemics, strikes or natural catastrophe, government action, change of law or any other force majeure event.
Governing Law and Arbitration
These Terms of Use shall be governed and construed in accordance with the laws of India. All disputes, claims, suits and actions arising out of this Agreement or its validity shall be finally decided by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall comprise of a sole arbitrator mutually appointed by the parties to the dispute. The venue for arbitration shall be at Bengaluru City, India. The arbitration proceedings shall be conducted in English. Any award made in such arbitration shall be final and binding on the parties to the dispute.
Subject to the above, the competent courts at Bengaluru City, India alone shall have the jurisdiction over issues arising out of this Agreement.
Severability
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
Grievances
For any issues relating to the Website or quality of services please email us at customercare@EFGHFoods.com or call our support team on +91 9449234567.
Please report any payment or invoice related issues within 48 (Forty-Eight) hours of the issue arising.
EFGH FOODS AGRO FOODS PVT LTD.