This web application www.freshezone.com is operated by Swastikahy E-Services LLP (“Swastikahy”), which is a registered Limited Liability Partnership incorporated under laws of India. The policy is issued by Swastikahy. Fresh eZone provides its services through an android and IOS application (“Application”). By placing an order on Applicationyou are entering into a purchase/sale transaction with Swastikahy. The terms and conditions are enumerated as follows
Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.
Swastikahy E-Services LLP (“Swastikahy”) or the “Application” means the online applications (both android and IOS) owned and operated by Swastikahy which provides a platform to the shoppers to buy the products listed on the application. "Vendor"/"Seller"/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.freshezone.com
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale onApplication by placing an order for and or purchases any products offered for sale on the Application. "User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Application.
Eligibility
You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the authority to bind the other party to this Agreement. You shall not use this Application if you are not competent to contract under the applicable laws, rules and regulations.
Term
This Agreement shall continue to be in full force and effect for so long as you are using the application. The application provides online shopping platform wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the “Add to Wallet” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations.
Termination
Either User/ You or Swastikahymay terminate the agreement at any time, with or without cause. However, Swastikahy reserves the right, in its sole discretion, to terminate your access to the products and services offered on the application or any portion there of at any time, without notice.
Modification of Terms and Conditions
Swastikahy may at any time modify the terms and conditions contained on the Application without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the application. However, if you continue to use the application you agree to accept and abide by the modified Terms and Conditions.
Online Shopping Platform
You further agree and undertake that you are accessing the services available on this Application and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Application.
Swastikahy accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the products ordered by you are to be made should be correct and proper in all respects.
Swastikahy reserves right to restrict number of users per flat and any fraudulent violation to such policy will invoke cessation of your account.
You as a Customer can place your daily order till cut-off time. After generation of order at cut off time and receipt of payment from the Buyer, Swastikahy shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer, next day morning at the scheduled delivery time. Any and all orders placed by you on the Application are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
About Your Account
Fresh eZone Wallet is issued to you by Swastikahy. It allows you to load a rupee value onto your Fresh eZone Wallet for use only on Fresh eZone platform. The value associated with the Fresh eZone Wallet is not insured or guaranteed by any person or entity.
The rupee value that you load onto your Fresh eZone Wallet is a prepayment only for purchasing the goods and availing the services on Fresh eZone Platform in India unless otherwise specified.
Fresh eZone Wallet can be loaded on Fresh eZone Platform using either credit card / debit card / upi / Internet Banking / any other RBI approved e-wallets managed and governed by other private or government entities. One Fresh eZone Wallet cannot be reloaded by using any other registered/unregistered Fresh eZone Wallet.
Swastikahy reserves the right not to accept any Fresh eZone Wallet or otherwise limit use of a Fresh eZone Wallet if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. Further, misuse of the Fresh eZone Wallet or its benefits in any manner may result in disablement of the Fresh eZone Wallet and/or withdrawal of benefits at the sole discretion of Swastikahy. Please maintain the Fresh eZone Wallet safely and securely.
Loading Value in your Fresh eZone Wallet
Fresh eZone Wallet is automatically created and enabled as soon as you register for Fresh eZone Platform’s services while accepting these Terms and Conditions. The wallet gets activated by loading money in it either through credit card / debit card / UPI / Internet Banking / any other RBI approved e-wallets managed and governed by other private or government entities by visiting the Fresh eZone mobile app. Fresh eZone Wallet can be used as a mode of payment, whenever the Fresh eZone Wallet-holder purchases goods or services from Fresh eZone mobile application. The balance on the Fresh eZone Wallet does not have a validity or expiry period.
Swastikahy may change the maximum and minimum amounts at any time by notifying you at the point of recharge, or on the Fresh eZone website (www.freshezone.com) / mobile application and such change shall not constitute an amendment to these Terms and Conditions. No credit card, credit line, overdraft protection or deposit account is associated with a Fresh eZone Wallet. The balance loaded onto your Fresh eZone Wallet is non-refundable and may not be exchanged for cash or credit balance unless required by law in India. No interest, dividends or any other earnings on funds deposited to a Fresh eZone Wallet will accrue or be paid or credited to you by Swastikahy.
All amounts loaded onto your Fresh eZone Wallet are held and denominated in Indian Rupees.
Product Pricing
All the products listed on the Application will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. While every care has been taken to label the products accurately, errors in data entry and updation may occur. Swastikahy reserve the right to cancel the order in such case the amount paid for such order (excluding any cashback benefit) is refundable. Refundable amount shall be credited to the customers’ Fresh eZone Wallet within 5-7 working days.
Billing Errors, Corrections
Swastikahy reserves the right to correct the balance of your Fresh eZoneWallet if there is reason to believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Fresh eZoneWallet, please email your concern at support@freshezone.com. Swastikahy will conduct an investigation and communicate the results and correct any error after conducting a thorough investigation in a reasonable time-frame. If no error is found, a suitable explanation shall be communicated to you. Swastikahy shall have no liability for any billing error unless you provide a notice within 30 days of the date of the transaction in question. You are requested to monitor your transactions and account balances accurately.
Registration, Liability for Unauthorized Transactions
You are responsible for all transactions associated with your Fresh eZone Wallet, including transactions claimed to be unauthorised. The Fresh eZone Wallet does not have a separate authentication password or Pin and can be used to make transactions once you have logged-in to the platform using Mobile number-OTP authentication. The mobile application remains in a state of permanent log-in and anyone with access to your mobile phone can have access to your application and thereafter use your Fresh eZone Wallet. You agree to take full responsibility of any unintended or unauthorised access to your Fresh eZoneWallet.
Blocking of Fresh eZone Wallet
Swastikahy reserves the right to block your Fresh eZone Wallet and/or discontinue, if Swastikahy determines or observes in its sole discretion that there has been any fraudulent or unauthorized activities through your Fresh eZone Wallet.
Cancellation Policy
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order though the Application. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the application, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Entire Agreement
These Terms and Conditions, together with privacy policy, and other rules and policies posted on the application, which are hereby incorporated as set forth fully in these Terms and Conditions, constitutes the entire agreement between you and Swastikahy with respect to your use of and material available through the application, and supersedes all prior or contemporaneous communications and proposals between you and Swastikahywith respect to this application. Any rights not expressly granted in these Terms and Conditions are reserved.
Communication
By registering with Fresh eZone, you give us the permission to send you notifications on WhatsApp, push notifications, SMS, Email, Customer Support Call, App and Web application, as the case may be.
You Agree and Confirm
Disclaimer
Swastikahy and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to Fresh eZone Wallet, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Swastikahydoes not represent or warrant that your Fresh eZone Wallet will always be accessible or accepted.
In the event that Swastikahy or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Fresh eZone Wallet. SWASTIKAHY and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Swastikahy or its authorized representatives have been advised of the possibility of such damages. In no event shall Swastikahyor its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Fresh eZone Wallet through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. Swastikahy is not liable for non-fulfilment of any terms in full or in part due to any reason beyond its control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Terms and Conditions. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
The decision of the management of Swastikahy is final and shall be binding at all times.
Contact Information
Swastikahy E-Services LLP
49,50 Bank Officer’s Colony, Jagatpura, Jaipur, Rajasthan- 302017
Tel.: +91 8560032159
Email Id: support@freshezone.com