Terms &
Conditions
Welcome to choosemyfresh If you continue to browse and use this website, you are agreeing
to comply with and be bound by the following terms and conditions of use, which
together with our privacy policy govern choosemyfresh relationship with you in
relation to this website. If you disagree with any part of these terms and
conditions, please do not use our website.
The use of this
website is subject to the following terms and conditions:
1. You shall not
host, display, upload, modify, publish, transmit, update or share any
information:
(a) belongs to
another person and to which You does not have any right to.
(b) is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libelous, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to “indecent
representation of women” within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;
(c) misleading in
any way.
(d) is patently
offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, pedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
(e) harasses or
advocates harassment of another person;
(f) involves the
transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or
“spamming”;
(g) promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
(h) infringes upon or
violates any third party’s rights [(including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person’s name, email address, physical address or phone number)
or rights of publicity];
(i) promotes an
illegal or unauthorized copy of another person’s copyrighted work (see
“Copyright complaint” below for instructions on how to lodge a complaint about
uploaded copyrighted material), 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;
(j) contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
(k) provides
material that exploits people in a sexual, violent, or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone’s privacy, or providing or creating computer
viruses;
(m) contains video,
photographs, or images of another person age 18 or older without his or her
express written consent and permission or those of any minor (regardless of
whether you have consent from the minor or his or her legal guardian).
(n) tries to gain
unauthorized access or exceeds the scope of authorized access (as defined
herein and in other applicable Codes of Conduct or End User Access and License
Agreements) to the Sites or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Sites or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) engages in
commercial activities and/or sales without choosemyfresh.com prior written
consent such as contests, sweepstakes, barter, advertising and pyramid schemes,
or the buying or selling of “virtual” items related to the Sites. Throughout
this Terms of Use, choosemyfresh.com, “prior written consent” means a
communication coming from choosemyfresh.com Legal department, specifically in
response to your request, and specifically addressing the activity or conduct
for which you seek authorization;
(p) solicits gambling
or engages in any gambling activity which choosemyfresh.com, in its sole
discretion, believes is or could be construed as being illegal;
(q) interferes with
another user’s use and enjoyment of the choosemyfresh.com Website or any
other individual’s user and enjoyment of similar services;
(r) refers to any
website or URL that, in the sole discretion of choosemyfresh.com, contains
material that is inappropriate for the choosemyfresh.com Website or any other The website contains content that would be prohibited or violates the letter or
spirit of these Terms of Use.
(s) harm minors in
any way;
(t) infringes any
patent, trademark, copyright, or other proprietary rights or third party’s trade
secrets or rights of publicity or privacy or shall not be fraudulent or involve
the sale of counterfeit or stolen items;
(u) violates any
law for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate
another person;
(x) 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 the value of, surreptitiously intercept or expropriate any system, data or
personal information;
(y) threatens the
unity, integrity, defense, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of
any cognizable offense or prevents investigation of any offense or is insulting
any other nation. (aa) shall not be false, inaccurate, or misleading; (ab) shall
not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade
in any item, the dealing of which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation, or guideline for
the time being in force. (ac) shall not create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other suppliers;
2. You shall not
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Website or any
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Website or any Content, to obtain or attempt to obtain any
materials, documents, or information through any means not purposely made
available through the Website. choosemyfresh.com reserves the right to bar
any such activity.
3. You shall not
attempt to gain unauthorized access to any portion or feature of choosemyfresh.com
website, or any other systems or networks connected to choosemyfresh.com Website
or to any choosemyfresh.com’s server, computer, network, or to any of the
services offered on or through choosemyfresh.com Website, by hacking,
password “mining” or any other illegitimate means.
4. You shall not
probe, scan or test the vulnerability of the choosemyfresh.com website or any
network connected to choosemyfresh.com website nor breach the security or
authentication measures on the choosemyfresh.com website or any network connected
to choosemyfresh.com Website. You may not reverse look-up, trace or seek to
trace any information on any other user of or visitor to choosemyfresh.com Website,
or any other customer of choosemyfresh.com, including any choosemyfresh.com
account not owned by you, to its source, or exploit choosemyfresh.com Website
or any service or information made available or offered by or through choosemyfresh.com
Website, in any way where the purpose is to reveal any information, including
but not limited to personal identification or information, other than your own
information, as provided for by choosemyfresh.com Website.
5. You agree that
you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of choosemyfresh.com Website or choosemyfresh.com’s
systems or networks, or any systems or networks connected to the choosemyfresh.com.
6. You agree not to
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.
7. You may not
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to choosemyfresh.com on or
through the Website or any service offered on or through the Website. You may
not pretend that you are, or that you represent, someone else, or impersonate
any other individual or entity.
8. You may not use
the Website or any Content 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 the rights of choosemyfresh.com or others.
9. Solely to enable choosemyfresh.com to use the information you supply us with so that we are
not violating any rights you might have in Your Information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights, or any other rights you have in Your Information, in
any media now known or not currently known, with respect to Your Information. choosemyfresh.com
will only use Your Information in accordance with the terms of use and choosemyfresh.com’s
Privacy Policy.
10. From time to
time, you shall be responsible for providing information relating to the items
or services proposed to be sold by you. In this connection, you undertake that
all such information shall be accurate in all respects. You shall not
exaggerate or over emphasize the attributes of such items or services so as to
mislead other Users in any manner.
11. You shall not
engage in advertising to, or solicitation of, other users of choosemyfresh.com
to buy or sell any products or services, including, but not limited to,
products or services related being displayed on choosemyfresh.com or related
to choosemyfresh.com. You may not transmit any chain letters or unsolicited
commercial or junk email to other users via choosemyfresh.com. It shall be a
violation of these Terms of Use to use any information obtained from choosemyfresh.com
in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to another person without choosemyfresh.com’s
prior explicit consent. In order to protect our users from such advertising or
solicitation, choosemyfresh.com reserves the right to restrict the number of
messages or emails which a user may send to other users in any 24-hour period
which choosemyfresh.com deems appropriate in its sole discretion.12. You
understand that choosemyfresh.com has the right at all times to disclose any
information (including the identity of the persons providing information or
materials on the choosemyfresh.com Website) as necessary to satisfy any law,
regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with an investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena. In addition, we can (and you hereby expressly
authorize us to) disclose any information about you to law enforcement or other
government officials, as we, in our sole discretion, believe necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury.
12. choosemyfresh.com
reserves the right but has no obligation, to monitor the materials posted on the choosemyfresh.com
website. choosemyfresh.com shall have the right to remove or edit any Content
that in its sole discretion violates, or is alleged to violate, any applicable
law or either the spirit or letter of these Terms of Use. Notwithstanding this
right of choosemyfresh.com, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIALS YOU POST ON THE THESPICEMARKE WEBSITE AND IN YOUR PRIVATE
MESSAGES. Please be advised that such Content posted does not necessarily
reflect the views of choosemyfresh.com. In no event shall choosemyfresh.com
assume or have any responsibility or liability for any Content posted or for
any claims, damages, or losses resulting from use of Content and/or appearance
of Content on choosemyfresh.com. You hereby represent and warrant that you
have all necessary rights in and to all Content you provide and all information
it contains and that such Content shall not infringe any proprietary or other
rights of third parties or contain any libelous, tortious, or otherwise
unlawful information.
13. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through choosemyfresh.com, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings are solely between
you and such an advertiser. choosemyfresh.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on choosemyfresh.com.
14. It is possible
that other users (including unauthorized users or “hackers”) may post or
transmit offensive or obscene materials on choosemyfresh.com and that you may
be involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about you due to your use of choosemyfresh.com, and that the recipient may use such information to harass
or injure you. choosemyfresh.com does not approve of such unauthorized uses
but by using the choosemyfresh.com Website you acknowledge and agree that choosemyfresh.com
is not responsible for the use of any personal information that you publicly
disclose or share with others on choosemyfresh.com. Please carefully select
the type of information that you publicly disclose or share with others on choosemyfresh.com.
15. choosemyfresh.com
shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through
group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed
Denial of Services).
Contents Posted on Site
All text, graphics,
user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork, and computer code (collectively, “Content”), including but not
limited to the design, structure, selection, coordination, expression, “look
and feel” and arrangement of such Content contained on the choosemyfresh.com
is owned, controlled, or licensed by or to choosemyfresh.com, and is protected
by trade dress, copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws.
Except as expressly
provided in these Terms of Use, no part of the choosemyfresh.com and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, or distributed in any way
(including “mirroring”) to any other computer, server, website, or other media for publication or distribution or for any commercial enterprise, without choosemyfresh.com’s
express prior written consent.
You may use
information on choosemyfresh.com products and services purposely made
available by choosemyfresh.com for downloading from the Site, provided that
you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) not make any additional representations or warranties
relating to such documents.
You shall be
responsible for any notes, messages, e-mails, billboard postings, photos,
drawings, profiles, opinions, ideas, images, videos, audio files, or other
materials or information posted or transmitted to the Sites (collectively,
“Content”). Such Content will become the property of choosemyfresh.com and
you grant choosemyfresh.com the worldwide, perpetual, and transferable rights
in such Content.
choosemyfresh.com
shall be entitled to, consistent with our Privacy Policy, use the Content or
any of its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or
hereafter devised, including the creation of derivative works that may include The content you provide. You agree that any Content you post may be used by choosemyfresh.com,
consistent with our Privacy Policy on Site as mentioned herein, and you are not
entitled to any payment or other compensation for such use.
Links
choosemyfresh.com
welcomes links to this site. You may establish a hypertext link to the choosemyfresh.com
website, provided that the link does not state or imply any sponsorship or
endorsement of your site by choosemyfresh.com. You must not use on your site
or in any other manner any trademarks, service marks, or any other materials
appearing on choosemyfresh.com, including any logos or characters,
without the express written consent of choosemyfresh.com and the owner of the
mark or materials. You must not frame or otherwise incorporate into another
third party website or present in conjunction with or juxtaposed against such a
website any of the content or other materials on the choosemyfresh.com website
without choosemyfresh.com’s prior written consent.
Privacy
We view the protection
of Your privacy as a very important principle. We understand clearly that you
and Your Personal Information is one of our most important assets. We store and
process Your Information on computers that may be protected by physical as well
as reasonable technological security measures and procedures in accordance with
Information Technology Act 2000 and the rules thereunder. Our current Privacy
Policy is available at http://www.choosemyfresh.com/privacypolicy. If you
object to your Information being transferred or used in this way please do not
use choosemyfresh.com Website.
MANDATORY DECLARATION – COMPUTERS
1. You hereby
declare that you have provided all necessary Legal Details for the shipment of
the product to the destination specified by you in the Order.