1. INTRODUCTION
1.1 www.riteeat.com is owned and operated by Rite Eat Foods Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Indore, India (“the Company”).
1.2 The Site is a website for registered users to obtain information and purchase products (together, called the “Services”). Until registered, you are a “User”.
1.3 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and Regulations, Terms of Use for access or usage of website of Rite Eat Foods Private Limited.
2. AGREEMENT
2.1 Use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website.
2.2 In these Terms of Use, “us”, “we” and “our” refer to the Company and references to “you” or “your” is to you, the end user.
2.3 By using the Site you agree to be bound by the Conditions.
2.4 We may change, update or amend these Conditions at our absolute discretion without notice.
2.5 You acknowledge and agree to be bound by the Privacy Policy and any other terms and conditions on the Site. By accessing the services provided by the Site you agree to the collection and use of your data by RITE EAT FOODS in the manner as enumerated in the Privacy Policy
3. SERVICES OVERVIEW
Pursuant to the registration process on the Site, RITE EAT FOODS may collect the following information about you: Name including first and last name, email address, alternate email address, mobile phone number, landline number, details on where you live (building name and flat number, street, city), pin code, state, country, details pertaining to your demographic profile such as age, gender, occupation, education, address etc.), events you wish to participate in, events you like – we might collect this information as part of a survey as well.
We may also collect information pertaining to what site you came from, the pages on our Site that you visit/access, how long you spend on the Site, how many times you access the pages, the links/banners that you click, the type of device that you have used to access our Site, the version of the operating system your device is running on and any other such related browsing information.
4. ELIGIBILITY
The services of the Site will be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under 18 years of age but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are below 18 years of age your parents or legal guardians can transact on behalf of you if they are registered users. You are expressly prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited
5. SITE ACCESS & LICENSE
RITE EAT FOODS allows you a limited sub-license, which grants you the right to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RITE EAT FOODS. This license does not allow or include any commercial use and/or resale of this site or its contents. You may not collect and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The reproduction, duplication, copy, sale, resale, visit, or otherwise exploitation of the Site or any portion thereof for any commercial purpose without express written consent of RITE EAT FOODS is not allowed. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of RITE EAT FOODS and its affiliates without the express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or RITE EAT FOODS’s name or trademarks without the express written consent of RITE EAT FOODS. Any unauthorized use terminates the permission or license granted by RITE EAT FOODS.
6. PRICING
All the products listed on the Site will be sold at MRP unless otherwise clearly mentioned. Please note that prices specified at the time of ordering will be what you will be charged on the date of the delivery. Please note that while prices of most of the products do not vary on a daily basis, some of the commodities and fresh food prices do fluctuate on a daily basis. In case the prices are higher or lower on the date of delivery, please note that additional charges will be collected or refunded (as the case may be) at the time of the delivery of the order.
7. ACCOUNT & REGISTRATION OBLIGATIONS
All shoppers will have to register and login for placing orders on the Site. Please note that you are required to keep your account and registration details current and correct for communications pertaining to your purchases from our site. By agreeing to the terms and conditions, you, the shopper, agree to receive promotional communication and newsletters upon registration. Do note that you, the customer, can opt out of receiving such communication by either unsubscribing in the “My Account” or by contacting the customer service.
8 . ORDERING AND PAYMENT
The Portal will enable Shoppers to place orders for the product(s) they wish to purchase on the Website. The Customers shall be given the choice to make payments for the purchase of the Product by way of online payments, cash on delivery or any other legal methods of payment as may be available on the Portal from time to time. Upon receiving the confirmation of the order by the Shopper , we will update the details of the confirmation of the order including expected delivery time.
9. CANCELLATION BY SITE / CUSTOMER
As a customer, you can cancel your order any time leading up to the cut-off time of the time slot for which you have placed an order by calling our customer service/or on the website. In such a scenario, we will refund any payments already made by you for the order. We can use our sole discretion to cancel any orders where we suspect any fraudulent transaction by any customer or any transaction which is against the terms & conditions of using the website. Please note that a database of all such fraudulent transactions and customers will be maintained and we would deny access to such customers and/or cancel any orders placed by them.
10. REFUNDS & RETURN
Please note that at Rite Eat Foods Private Limited, we follow a “no questions asked return and refund policy”. As per this, all our members are entitled to return the product only at the time of delivery if for whatever reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us. We will also issue a credit note for the value of the return products, and the same will be credited to your account on the Site. You can use this against your subsequent shopping bills.
11. YOU AGREE AND CONFIRM
That in the case of non-delivery occurs on account of erroneous information on behalf of the customer (wrong name or address or any other incorrect information leading to the non-delivery), any extra cost incurred by RITE EAT FOODS for redelivery shall be claimed from you. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site. That you will provide authentic and factually correct information in all such cases where the information is requested of you. RITE EAT FOODS reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), RITE EAT FOODS has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever. You authorise Rite Eat Foods Private Limited to contact you for any transactional purposes related to your order/account. That you are accessing the services available on this Site and transacting at your sole risk. That you are using your sole and judicious assessment and judgment before voluntarily entering into any transaction with and through this Site. That the address at which the product ordered by you is to be delivered is correct in all respects. That before placing an order you will check details of the product as mentioned in the product description mentioned carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.
12. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING
Disseminating any harassing, unlawful, abusive, libellous, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Obtaining unauthorised access to other computer systems. Interfere with or disrupt the use and enjoyment of the Website by other users. Breaching any applicable laws; interfering or disrupting networks or web sites connected to the Site, not resell material on the Website, making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication
13. COLOURS AND REPRESENTATION
We have made every effort to display the colours of our products that appear on the Site as accurately and true as possible. Nevertheless, please note the colours that you see will be dependent on your monitor and its specs, so we cannot guarantee the accuracy of the display of the colours by your monitor. All the Products are genuine, merchantable, marketable and of the quality and nature as displayed on the Portal.
14. MODIFICATION OF TERMS & CONDITIONS OF SERVICE
Please note that as we may review or website content, update and correct it, the website materials are subject to change without notice from RITE EAT FOODS. You can access the latest version of these Terms & Conditions at any given time on the Site.
The information, including details of products and services, and any offers included are drawn from a variety of sources. These are subject to change at any time without prior intimation. When you are accessing, browsing or otherwise using the website, you agree to all the terms and conditions under these terms of use. We request you to please read the terms of use carefully before proceeding. If you disagree with any part of these terms and conditions, please do not use this website.
15. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, postcards, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of RITE EAT FOODS. Such disclosure, submission or offer of any Comments shall constitute an assignment to RITE EAT FOODS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, RITE EAT FOODS exclusively owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. RITE EAT FOODS will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. RITE EAT FOODS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. RITE EAT FOODS does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant RITE EAT FOODS the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify RITE EAT FOODS and its affiliates for all claims resulting from any Comments you submit. RITE EAT FOODS and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
16. COPYRIGHT & TRADEMARK
RITE EAT FOODS, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of RITE EAT FOODS or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to RITE EAT FOODS. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is not allowed without the permission of RITE EAT FOODS. You may not modify, distribute or re-post anything on this Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of RITE EAT FOODS, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site 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 and do not in any way constitute or imply SRP endorsement, sponsorship or recommendation of the third party, information, product or services. RITE EAT FOODS 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 link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Website is the property of RITE EAT FOODS or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by RITE EAT FOODS, one of its affiliates or by third parties who have licensed their materials to RITE EAT FOODS and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of RITE EAT FOODS and is also protected by Indian and international copyright laws.
17. OBJECTIONABLE MATERIAL
You understand that by using this Site or any services provided on the Site, 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 Site and any service at your sole risk and that to the fullest extent permitted under applicable law. RITE EAT FOODS and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
18. INDEMNITY
You agree to defend, indemnify and hold harmless RITE EAT FOODS, its employees, directors, officers, employees, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including lawyer’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to RITE EAT FOODS or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim 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.
19. LIMITATION OF LIABILITY
SRLP entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
RITE EAT FOODS will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
20. TERMINATION
This User Agreement is effective unless and until terminated by either you or RITE EAT FOODS. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. RITE EAT FOODS may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to RITE EAT FOODS. Upon any termination of the User Agreement by either you or RITE EAT FOODS you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. RITE EAT FOODS’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
21. GENERAL
Force Majeure: RITE EAT FOODS will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, pandemic, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Entire Agreement: This Agreement comprises the entire agreement between you and RITE EAT FOODS and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of RITE EAT FOODS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law and Jurisdiction: This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Domestic Use: RITE EAT FOODS makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. RITE EAT FOODS may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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