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Copyright & Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Marketplace. Access to or use of the Marketplace does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the Marketplace are owned by or licensed to the Company. Any use of the Marketplace or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company

You may not modify, distribute or re-post anything on the Marketplace for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Marketplace. Access to or use of the Marketplace does not authorize anyone to use any name, logo or mark in any manner. References on the Marketplace to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services

The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.

Report intellectual property rights infringement

"Freshokit India Private Limited and its affiliates respect the intellectual property (ies) of other entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at grievance.officer@freshokit.com

We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to Freshokit may result in civil and/or criminal liability.

You agree to indemnify Freshokit for all claims brought by a third party (ies) against Freshokit arising out of or in connection with the submission of your email at grievance.officer@Freshokit.com

You agree to indemnify Freshokit for all claims brought by a third party (ies) against Freshokit arising out of or in connection with the submission of your email at grievance.officer@Freshokit.com

Objectionable material

You understand that by using the Marketplace or any services provided on the Marketplace, 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 Marketplace and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless the Company, 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 a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims 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.

Limitation of liability

  • The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
  • It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Termination

  • This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Marketplace. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Marketplace.
  • The Company’s right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Marketplace or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Governing & Jurisdiction

  • The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws there under.
  • Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Gurugram and the language of the arbitration shall be English
  • Subject to the aforesaid, the Courts at Gurugram shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Grievance policy

In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Marketplace, including those pertaining to breach of the Terms of Use or any other policies are published as under:

Chandan Kushwah

Freshokit India Private Limited

FF-5,BLOCK-A,Omaxe Gurgaon Mall,Sohna Road,Sector-49, Gurgaon, Haryana – 122011

Email address:grievance.officer@freshokit.com

Communication with the Company

If you wish to correct or update any information you have provided, you may do so online, on the website itself. Alternatively, you may contact the Company to correct or update such information by sending an email to: info@freshokit.com In the event of loss of access to the website, you may contact the Company by sending an email to: info@freshokit.com

Communication with the Company

If you wish to correct or update any information you have provided, you may do so online, on the website itself. Alternatively, you may contact the Company to correct or update such information by sending an email to: info@freshokit.com In the event of loss of access to the website, you may contact the Company by sending an email to: info@freshokit.com

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