TERMS OF USE
Last updated June, 2024
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and FoodFida (“Company,” “we,” “us,” or “our”), regarding your access to and use of the www.foodfida.com website, as well as any related media forms, channels, mobile websites, or mobile applications (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby incorporated by reference. We reserve the right, at our sole discretion, to modify or change these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms of Use periodically to stay informed of updates. By continuing to use the Site after the date of any revised Terms of Use, you are considered to have been made aware of and accepted those changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation or require us to register within such jurisdiction or country. Those who choose to access the Site from other locations do so at their own initiative and are solely responsible for complying with local laws if applicable.
**INTELLECTUAL PROPERTY RIGHTS**
Unless otherwise stated in writing, the Site and all its contents—including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”)—as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by FoodFida or licensed to us and are protected by copyright, trademark, and various other intellectual property and unfair competition laws of India, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior express written permission. Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you regarding the Site, the Content, and the Marks.
**USER REPRESENTATIONS**
**User Representations**
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity to agree to and comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside, or, if a minor, you have received parental permission to use the Site.
- You will not access the Site through automated or non-human means, whether via a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
**User Registration**
You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
**Products**
We make every effort to display the colors, features, specifications, and details of the products available on the Site as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or error-free. Your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
**Purchases and Payment**
We accept various forms of payment in partnership with ICICI Bank and Razorpay. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You also agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as required. We may change prices at any time. All payments shall be in INR.
You agree to pay all charges at the prices in effect at the time of purchase, including any applicable shipping fees, and authorize us to charge your chosen payment provider for such amounts when you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the Site. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
**Return Policy**
Please review our Return Policy posted on the Site before making any purchases.
**Prohibited Activities**
You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site to harass, abuse, or harm another person.
**User Generated Contributions**
The Site may invite you to engage in various interactive features such as chats, blogs, message boards, online forums, and other functionalities. You may be given the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. These may include, but are not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”). Contributions may be visible to other users of the Site, the Marketplace Offerings, and third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:
- The creation, distribution, transmission, public display or performance, and accessing, downloading, or copying of your Contributions do not and will not infringe any third party’s proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
- You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use their name or likeness to enable the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any laws concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the above may result in the suspension or termination of your rights to use the Site and the Marketplace Offerings.
**Contribution License**
By posting your Contributions to any part of the Site or making them accessible through linking your account on the Site to your social networking accounts, you automatically grant us, and you represent and warrant that you have the right to grant, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, whether commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license applies to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not been otherwise asserted in your Contributions.
We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to release us from any and all liability and refrain from any legal action against us regarding your Contributions.
We reserve the right, in our sole and absolute discretion:
- To edit, redact, or otherwise modify any Contributions;
- To re-categorize any Contributions to place them in more appropriate locations on the Site; and
- To pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
**Guidelines for Reviews**
We may provide areas on the Site where you can leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post any false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to remove reviews, even if someone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to reviews.
**Mobile Application License**
**Use License**
If you access the Marketplace Offerings through a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
- Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
- Use the application for any revenue-generating endeavor, commercial enterprise, or any other purpose for which it is not designed or intended.
- Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
- Use the application to create a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application.
- Use the application to send automated queries to any website or to send any unsolicited commercial email.
- Use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
**Apple and Android Devices**
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings:
- The license granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
- We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use, or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
- You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SOCIAL MEDIA
You can link your account on our Site with third-party service accounts (“Third-Party Accounts”) by either:
- Providing your Third-Party Account login details through the Site, or
- Allowing us to access your Third-Party Account, as permitted by the terms governing that account.
By linking your Third-Party Accounts, you represent and warrant that you have the right to disclose your login information and/or grant us access without violating any terms or incurring fees or usage limitations imposed by the third-party provider.
When you grant us access to a Third-Party Account, you understand that:
- We may access, store, and make available any content you’ve provided to or stored in your Third-Party Account (“Social Network Content”) on the Site, including, but not limited to, friend lists.
- We may also exchange additional information with your Third-Party Account, as notified when you link your accounts.
Depending on your privacy settings in your Third-Party Accounts, personal information you post there may be accessible through your account on our Site. If a Third-Party Account or service becomes unavailable or our access is revoked, the Social Network Content may no longer be accessible through the Site. You can disable the connection between the Site and your Third-Party Accounts at any time.
Please note, your relationship with any third-party service provider is governed solely by your agreement with them. We do not review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it. You also acknowledge that we may access your email address book and contact list associated with a Third-Party Account or stored on your device solely to identify and inform you of contacts who have also registered on the Site. You can deactivate the connection between the Site and your Third-Party Account through your account settings or by contacting us. We will attempt to delete any information obtained through such Third-Party Account from our servers, except for your username and profile picture that are associated with your account.
Submissions
Any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Site or our offerings (“Submissions”) will be considered non-confidential and become our exclusive property. We will own all rights, including intellectual property rights, to these Submissions and may use and disseminate them for any lawful purpose without acknowledgment or compensation to you. You waive all moral rights to your Submissions and warrant that they are original to you or that you have the right to submit them. You agree that you will not have any recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms of Use;
- Take legal action against anyone who violates the law or these Terms of Use, including reporting such users to law enforcement authorities;
- Refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or portions thereof, at our sole discretion and without limitation;
- Remove or disable from the Site any files or content that are excessive in size or burdensome to our systems, at our sole discretion and without notice or liability; and
- Manage the Site to protect our rights and property and ensure its proper functioning.
Privacy Policy
We take your data privacy and security seriously. Please review our Privacy Policy at [https:/foodfida.com/privacy-policy](https:/foodfida.com/privacy-policy). By using the Site or any of our Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site and the Marketplace Offerings are hosted in India. If you access them from a region with laws or requirements regarding personal data that differ from those in India, by continuing to use the Site, you consent to your data being transferred to and processed in India.
Term and Termination
These Terms of Use remain in effect while you use the Site. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS TO ANY PERSON FOR ANY REASON, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF THESE TERMS OR APPLICABLE LAWS. We may terminate your use of the Site or delete your account and any associated content at any time, without warning.
If your account is terminated or suspended, you are prohibited from registering a new account under your name or any other name, even if you are acting on behalf of another party. We also reserve the right to take legal action, including pursuing civil, criminal, and injunctive remedies.
Modifications and Interruptions
We reserve the right to change, modify, or remove content from the Site at any time, without notice. We may also modify or discontinue all or part of the Marketplace Offerings without notice. We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Site or the Marketplace Offerings.
We cannot guarantee that the Site and Marketplace Offerings will always be available. There may be interruptions due to maintenance, hardware, software, or other issues. We reserve the right to change or discontinue the Site or Marketplace Offerings at any time without notice. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.
Governing Law
These Terms are governed by the laws of India. Both Foodfida and you agree that any disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of the courts in India.
Dispute Resolution
Informal Negotiations
To expedite resolution and reduce the costs associated with any disputes related to these Terms of Use (“Disputes”), both parties agree to attempt to resolve any Dispute informally for a set period of days before initiating arbitration. Informal negotiations begin when one party provides written notice to the other.
Binding Arbitration
Any Dispute arising from or related to these Terms will be resolved by binding arbitration in the courts of India.
Restrictions
The Parties agree that arbitration will be limited to the Dispute between the Parties. To the fullest extent permitted by law:
– (a) no arbitration will be joined with any other proceeding,
– (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis, and
– (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of others.
Certain Disputes, including those involving intellectual property rights, theft, piracy, invasion of privacy, or unauthorized use, are not subject to informal negotiations or binding arbitration and may be resolved in court. If this provision is found unenforceable, the Dispute will be resolved in court rather than through arbitration.
Corrections
There may be information on the Site that contains errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, and availability. We reserve the right to correct any errors or update the information on the Site at any time without prior notice.
Disclaimer
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY LINKED WEBSITES. WE ARE NOT LIABLE FOR ANY ERRORS, INACCURACIES, VIRUSES, OR UNAUTHORIZED ACCESS TO OUR SERVERS.
WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY THIRD PARTIES THROUGH THE SITE OR ANY LINKED WEBSITES, AND WE ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.
Limitations of Liability
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US OR OUR ENTITIES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, or expenses, including attorneys’ fees, arising from your use of the Site, breach of these Terms of Use, violation of any third party’s rights, or any harmful act toward another user. We reserve the right to assume the exclusive defense of any claim for which you must indemnify us, and you agree to cooperate at your expense.
User Data
We will maintain certain data you transmit to the Site for managing the Site’s performance, but you are responsible for all data related to your use of the Site. We are not liable for any loss or corruption of your data.
Electronic Communications, Transactions, and Signatures
By using the Site, sending emails, or completing online forms, you consent to receive electronic communications and agree that such communications satisfy legal requirements for written communication. You agree to the use of electronic signatures and records for transactions conducted via the Site. You waive any rights requiring original signatures or non-electronic records.
Miscellaneous
These Terms of Use, along with any posted policies, constitute the entire agreement between you and us. Our failure to enforce any provision does not constitute a waiver. We may assign our rights and obligations to others at any time. We are not liable for any loss or delay beyond our control. If any part of these Terms is deemed unlawful or unenforceable, it will not affect the validity of the remaining provisions. No joint venture, partnership, or agency relationship is created by these Terms of Use. These Terms of Use will not be construed against us as the drafter.
Contact Us
For any questions or to resolve complaints regarding the Site, please contact us at:
**Phone:** +91-9502118757