Terms And Conditions

Personal Information

SUBZFRESH & Co.   is the licensed owner of the brand  “SUBZFRESH” and www.subzfresh.com and the website www.subzfresh.com. SUBZFRESH & Co. respects your privacy. This Privacy Policy provides briefly  the manner your data is collected and used by  SUBZFRESH & Co. on its  website. As a visitor to the Site/ Customer you are advised to carefully read this Privacy Policy. By accessing the services provided by this  website  you agree to the collection and use of your data by SUBZFRESH & Co. in the manner provided in this Privacy Policy.

Services overview

As part of the registration process on its  website, SUBZFRESH & Co. may collect the following personally identifiable information about you: Your name including first &  last name,  alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

Eligibility

Services of this  website would be available to only select geographies in India. The 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 this  webite. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited

License & Site access

SUBZFRESH & Co. grants you a limited sub-license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of  the management of SUBZFRESH & Co. . This license does not include any resale or commercial use of this site or its contents; any collection 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the management of  SUBZFRESH & Co. . You can not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of SUBZFRESH & Co. and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or SUBZFRESH’s & Co. name or trademarks without the express written consent of SUBZFRESH & Co. . Any unauthorized use terminates the permission or license granted by SUBZFRESH & Co. .

Account & Registration Obligations

All shoppers/customers  have to register and login for placing orders on the website. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper/customer  agrees to receive promotional communication and newsletters upon doing registration. The shopper/customer can opt out either by unsubscribing in “My Account” or by contacting the customer service of SUBZFRESH & Co. . 

Product Pricing

All the products listed on the Site will be sold at  their Maximum Retail Price (MRP) unless otherwise specified. The prices mentioned at the time of ordering of the product(s) 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/products & fresh food prices do change on  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.

Colours of Items/Products

Though SUBZFRESH & Co. has  made every efforts  to display the colours of  items/ products  appearing  on the Site as accurately as possible. However, the display of  the actual colours you see will depend on your monitor, SUBZFRESH & Co. cannot guarantee that your monitor’s display of any colour will be accurate.

Cancellation of Order  by Customer/Site

The  customer/shopper  can cancel  an order within 15 minutes of order. In such a case SUBZFRESH & Co. will refund any payments already made by customer/shopper  for the order. If we suspect any fraudulent transaction(s)  by any customer or any transaction(s) that  defies the terms & conditions of using this  website, we at our sole discretion could cancel such orders. SUBZFRESH & Co.  will maintain a negative list of all fraudulent transactions and customers and while having absolute rights to  deny access to them SUBZFRESH & Co. can  cancel any orders placed by them and the decision of SUBZFRESH & Co. will be final.

Regarding Returns  & Refunds

For the convenience of its customers/shoppers  SUBZFRESH & Co.  has  “no questions asked return and refund policy” which will entitle  all its customers/shoppers  to return the product at the time of delivery if due to some reason they are not satisfied with the quality / freshness of the product/item. We will take the returned product back with us and provide you with a new product. However, on specific request of the customer/shopper the amount can also be refunded.  

You (Customer/Shopper) Agree and Confirm

That in the event that a non-delivery occurs on account of an error or  mistake on your part  (for example if  wrong name or address or any other wrong information , etc is given by you ) any extra cost incurred by SUBZFRESH & Co. for redelivery shall be claimed from You (Customer/Shopper).

That You (Customer/Shopper) undertake to  use the services provided by the Site, its affiliates, consultants and contracted companies,only for lawful purposes and further undertake to comply with all the applicable laws and regulations while using and transacting on the Site.

You (Customer/Shopper)  will provide to SUBZFRESH & Co.  authentic & true information in all instances where such information is requested of you. SUBZFRESH & Co. 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), SUBZFRESH & Co.  has the absolute right in its sole discretion to reject your  registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

That the address at which delivery of the product ordered by You (Customer/Shopper)  is to be made will be correct and proper in all respects.

That You (Customer/Shopper) are  accessing the services available on this Site and  are making the transaction(s)  at your sole risk and you are using your best and prudent judgment before entering into any transaction through this Site.

You (Customer/Shopper)  authorise SUBZFRESH & Co. to contact you for any transactional purposes related to your order/account.

That before placing an order  will carefully  check the product/item  description . By placing an order for the product/item You (Customer/Shopper)  agree to be bound by the conditions of sale included in the product/item’s description.

You (Customer/Shopper) may not use this Site for any of the following purposes:

For disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

For transmitting material that incites or encourages any  conduct  constituting  criminal offence or resulting in civil liability or otherwise cause breach of  any laws, regulations or code of practice.

For gaining unauthorized/unlawful  access to other computer systems.

For causing interference  with any other person’s use or enjoyment of the Site.

For breaching any law/regulation;

For interfering or disrupting networks or web sites connected to the Site.

For the purpose of making/transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Modification of Terms & Conditions of Service

SUBZFRESH & Co. reserves the right to  modify the Terms & Conditions of  Use of the Website  at any time without any prior notification to you. Customer/Shopper  can access the latest version of these Terms & Conditions at any given time on the Site. Customer/Shopper  should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to any  Customer/Shopper, such Customer/Shopper  should discontinue using the Service. However, if such Customer/Shopper  continue to use the Service such Customer/Shopper  shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

Governing  Laws  and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Panchkula shall have exclusive jurisdiction in any proceedings arising out of this agreement. In case of  any dispute or difference either in the  interpretation or otherwise, of any of the  terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the management of SUBZFRESH & Co. and such decision shall be final and binding on the parties hereto. The above arbitration shall be done  in accordance with the provisions contained in The  Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Panchkula only. The High Court of Punjab and Haryana at Chandigarh  alone shall have the jurisdiction and the Laws of  India shall apply.

Reviews, Feedback, Submissions

All  the reviews, comments, feedbacks, letters, suggestions, ideas, and other submissions etc.  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 SUBZFRESH & Co. . Such disclosure, submission or offer of any Comments shall constitute an assignment to SUBZFRESH & Co. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SUBZFRESH & Co. owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SUBZFRESH & Co.  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. SUBZFRESH & Co. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any 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”, etc.

It is further made clear that SUBZFRESH & Co. does not regularly review the posted Comments, however,  SUBZFRESH & Co. does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant SUBZFRESH & Co. the right to use the name that you submit in connection with any Comments. You agree not to use any  false email address(s), impersonate any person or entity/authority , or otherwise mislead as to the origin of any Comments  submitted by you. You are and will remain solely responsible for the contents of any Comments you make and you agree to indemnify SUBZFRESH & Co. and its associates or affiliates for all the claims resulting from any Comments  submitted by you. SUBZFRESH & Co. and its associates or  affiliates will have  no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

SUBZFRESH & Co. 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 can not be considered as conferring upon anyone any authority/license under any of SUBZFRESH’s & Co. or any third party’s intellectual property rights. All the rights, including copyright, in this website are owned by or licensed to SUBZFRESH & Co. . Any use of this website or its contents, including copying or storing it or them in whole or  in part, other than for your own personal, non-commercial use is prohibited without the permission of  the management of SUBZFRESH & Co. . You are  not authorized to modify, distribute or re-post anything on this website for any purpose.

The names & logos and all related product(s) and service(s) names, design marks and slogans are the trademarks or service marks of SUBZFRESH & Co. , its associates/ affiliates/ partners or its suppliers. All other marks are the property of their respective company. 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 SUBZFRESH & Co. endorsement, sponsorship or recommendation of the third party, information, product or service.

SUBZFRESH & Co. 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 will do so entirely at your own risk.

All the  materials, including images, texts, 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 Website or any related software. All software used on this Website is the property of SUBZFRESH & Co. 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 SUBZFRESH & Co. , one of its affiliates or by third parties who have licensed their materials to SUBZFRESH & Co. 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 SUBZFRESH & Co.  and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on this  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, SUBZFRESH & Co. and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless against SUBZFRESH & Co. , 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 your actions or in actions, which may result in any loss or liability to SUBZFRESH & Co. 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.

Termination

This User Agreement is effective unless and until terminated by either you or SUBZFRESH & Co. . You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. SUBZFRESH & Co. 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 SUBZFRESH & Co. . Upon any termination of the User Agreement by either you or SUBZFRESH & Co. , 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. SUBZFRESH’s & Co. 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.