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Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The portal, zemefresh.com (“Website”) and the mobile application (“App”) (collectively “Platform”) is managed and operated by Wellness Kitchen Private Limited (hereinafter “WELLNESS”), a company incorporated under the Companies Act, 1956 with its registered office at Office No. 42, 3rd Floor, Ujagar Industrial Estate, WTP Marg, Sundar Baug, Deonar, Mumbai – 400088. WELLNESS enables sale and purchase of diverse range of herbal hair products listed on the Platform from time to time (“Services”).

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. The term “We”, “Us”, “Our” shall mean Wellness Kitchen Private Limited.

These terms and conditions for use, the policies as list below, and such other policies or terms as may be prescribed by WELLNESS (“Terms”), together constitute a legally binding agreement between the You and WELLNESS, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing or using the Platform.

Sr. No.Name of PolicyObjectiveLink
1Privacy PolicyExplains how any personal information disclosed by Users is collected, used and managedclick here
2Return PolicyExplains the manner in which Products can be returned and refunds credited.click here
3Shipping PolicyExplains how Products are delivered upon orderclick here

 

WELLNESS may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.

Using the Services or accessing the Platform constitute your consent to the Terms. By using the Platform, you signify your acceptance of these Terms and agrees to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access use the Platform. These Terms supersede all previous terms and conditions communicated to you by WELLNESS, for the use of the Platform and all rights and liabilities of WELLNESS with respect to any Services to be provided will be limited to the scope of these Terms.

REGISTRATION

In order to avail the Services, you will be required to register on the Platform. Registration is a one-time process and is free of cost.

Eligibility: Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Platform. If you are a minor i.e., under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

  • You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
  • You may use the Platform for reasonable and lawful purposes only and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services
  • You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate. WELLNESS will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to WELLNESS or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
  • The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of WELLNESS or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

DISCLAIMER OF WARRANTIES

WELLNESS will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that WELLNESS does not take responsibility for any access or use problems that arise from internet related issues at your end. WELLNESS reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion. 

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless WELLNESS, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of WELLNESS or any third-party. WELLNESS will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide WELLNESS with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

TERM AND TERMINATION

These Terms of Sale constitute the entire agreement between you and WELLNESS with respect to your purchase of products through the website. The delay or failure of WELLNESS to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit WELLNESS’s rights with respect to such breach or any subsequent breaches. WELLNESS shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control. Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Sale. NOTICES ON THE WEBSITE ITSELF.

FORCE MAJEURE

WELLNESS will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond WELLNESS’s reasonable control.

WAIVER

No provision in these Terms will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by WELLNESS. Any consent by WELLNESS to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

GRIEVANCE REDRESSAL

The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to processing of information, to the Grievance Officer at:

Name : Ms. Prerna Bhutani

Address :

Office No. 42, 3rd Floor, Ujagar Industrial Estate,

WTP Marg, Sundar Baug, Deonar,

Mumbai – 400088

E-mail ID : prerna@zemefresh.com

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms, all transactions consummated between you and WELLNESS and the relationship between you and WELLNESS is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

Wellness Kitchen Private Limited

CIN No. U24230MH2020PTC351797

Office No. 42, 3rd Floor, Ujagar Industrial Estate,

WTP Marg, Sundar Baug, Deonar,

Mumbai – 400088

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