Address: A-73 Chana Mohalla Chattabal Srinagar Near Ration Depot
Terms And Conditions
The Website and Application are operated and run by Herfy Online Store, a private limited incorporated under the provisions of Companies Act 2013 and having its registered address at “A-73 Chana Mohalla Chattabal Srinagar Near Ration Depot” represented by its Directors and hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns) are operating the Website and the Mobile Application on the Brand Name “Herfy Online Store”.
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms and practices for access or usage of the Platform.
The creator of these Terms ensures steady commitment to Your usage of the Platform with regard to the protection of your invaluable information. This document contains information about the Website “www.Herfy Online Store.com” and Mobile Application “Herfy Online Store” (hereinafter collectively referred to as the “Platform”).
The Platform acts as an aggregator between the Vendors and Merchants listed on the platform who are engaged in providing services of Food and Groceries or are engaged as Restaurants and Retail stores and who engage in the delivery of Food, Groceries and such other essential products required.
The Company owns and operated the platform which is both the website and the Application and to make the User interaction easier, the Company has launched the mobile application accessible on all devices and Operating Systems.
The Platform acts as one point connection between the Users of the Platform and the Vendors and Merchants. Users may choose the products, goods, or food items of their choice on the platform and make the purchases. The Platform additionally has partnered with various third party payment gateway for an effective contactless delivery and payment mode for the Users. Users may make the payment online on the platform.
All orders raised on the platform shall be delivered to the User within 40 minutes of the User placing order on the platform. The Platform shall only be an Online Market Place and does not own or undertake liability on behalf of any vendors or merchants listed on the platform.
REGISTRATION The Registration is not mandatory for the Users to merely view the products listed on the platform. However, the Registration is mandatory for any User to make purchases on the platform. Registrations can be done using the Phone Number and the OTP generated on the number provided. Additionally, the Users of the platform may register themselves on the platform by providing the following details on the platform.
Full NameEmail ID4- Digit Login PINMobile NumberReferral Code (Optional) Linking of Gmail and Facebook accounts are not mandatory. All registrations on the platform are free of cost and no User shall be charged for any such registration the platform
ELIGIBILITY The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of 16 years of age and that they have the requisite authority to bind themselves to these Terms following the Law.The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force. CONTENT All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by financial institutions or third parties and the Platform has no control and make no guarantees regarding, the accuracy, integrity or genuineness of such statements or such other information provided by the third parties on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Platform and the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Platform.
User’s use of the Platform,User’s violation of these Terms and Conditions.User’s violation of any rights of another.User’s alleged improper conduct according to these Terms.User’s conduct in connection with the Platform. User agrees to fully cooperate in indemnifying the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Platform.
In no event shall the Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform or materials contained therein.
LIMITATION OF LIABILITY a. The Founders/ Promoters/ Partners/ Associated people of the Platform are not responsible for any consequences arising out of the following events:
If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.If the User has fed incorrect information or data or for any deletion of data.If there is an undue delay or inability to communicate through email.If there is any deficiency or defect in the Platform managed by Us.If there is a failure in the functioning of any other provisions provided by the Platform. b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform by the User through the Platform. The Content or material displayed on is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
c. Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
TERM These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.The Users may terminate their use of the Platform at any time.The Platform may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.Such suspension or termination shall not limit our right to take any other action against you that the Platform considers appropriate.It is also hereby declared that the Platform may discontinue the platform and Platforms without any prior notice. TERMINATION The Platform reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same. COMMUNICATION By using this Platform and providing his/her identity and contact information to the Platform through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Platform and/or any of its representatives at any time.
Users can report to “email@example.com.” if they find any discrepancy with regard to Platform or content-related information and the Platform will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT The User agrees and acknowledges that they are a restricted user of this Platform and that they:
If the User is in breach any of these Terms or the Policy;If the User has provided wrong, inaccurate, incomplete or incorrect information If the User’s actions may cause any harm, damage or loss to the other Users or the Platform, at the sole discretion of the Platform.
INTELLECTUAL PROPERTY RIGHTS Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Platform, the Platform shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion of the Platform.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Platform or any other User. The User is aware that the Platform merely provides a platform through which the Users can communicate and schedule meetings, and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment on the use of the Platform or accessing/using any information displayed thereon.The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.The Platform does not guarantee that the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
FORCE MAJEURE It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Platform, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Faridabad, Haryana, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
NOTICES/GRIEVANCES Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Platform by the User by emailing to firstname.lastname@example.org.
MISCELLANEOUS PROVISIONS Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Platform with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein. Contact Us: If you have any questions about this Policy or any other policy, the practices of the Platform, or your experience on the platform, you can contact us at email@example.com.