Terms of Service

Terms of Use

Last updated: 25May, 2020

By using this “Site”, offered by Eatfresh.today and our related brands, you agree to all terms, conditions, and notices contained or referenced herein (“Terms of Use”) that apply to your use our website, features and services (collectively, the “Services”).  If you do not agree to the Terms of Use, please do not use the Site. By using the Site and/or Services, you (the “User”) represent that you understand and accept the terms and conditions set forth in the Term of Use.

You represent that (1) you have read and agree to these Terms, and (2) you are of legal age to form a binding contract with Eatfresh.today. Please read these Terms.

BY USING ACCESSING THE SITE OR ANY SERVICES, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS IN THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.

Eatfresh.today reserves the right, in its discretion, to update or revise the Terms of Use at any time.  Please check periodically for changes.  Your continued use of the Site and/or Services following the posting of any changes to the Terms of Use constitutes your acceptance of those changes and the Terms of Use as so revised.  If you do not agree to the revised Terms of Use, please discontinue use of the Site and Services.

1. NO UNLAWFUL USE

You may not use the Site or Services for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Eatfresh.today or others.  Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

2. GENERAL

Only limited Services are available free of charge. To use some of the Services available through this portal (the “Portal”), you must have a valid email address and register the site. To use the majority of the Services, you must enroll by becoming a subscriber for Eatfresh.today’s paid services.  Only valid subscribers will be granted access to the paid Services.  In the future, EATFRESH.TODAY may offer new services, products and/or features. Such new products, materials, features and/or services, including any custom work, shall be subject to the terms and conditions of the Terms of Use, as amended.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference.  You agree to abide by such other terms and conditions.  If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

3. REGISTRATION

Each User must register with EATFRESH.TODAY with a valid email address.  You agree to provide true, accurate and complete information during the registration process and promptly update your information with any changes as they occur.  You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is inaccurate, untrue or incomplete, without limiting any other remedies, EATFRESH.TODAY has the right to terminate your use of the Services and EATFRESH.TODAY, its agents, affiliates, attorneys, representatives and partners shall have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize EATFRESH.TODAY and its agents, affiliates, attorneys, representatives and partners to make any inquiries they consider necessary to validate your registration.

4. REGISTERED USER ACCOUNT, PASSWORD AND SECURITY

As part of the registration or account creation process, you will create login credentials by providing an email address and selecting a password. You also have to give us certain registration information, all of which must be accurate and updated.  You must keep your login credentials strictly confidential, you may not allow anyone to use your registration, and you may not access the Site and/or the Services using any other person’s login credentials.  EATFRESH.TODAY reserves the right to suspend and/or terminate your access at any time in its sole discretion.  EATFRESH.TODAY shall not be responsible for losses incurred by Users as the result of their misuse of email addresses, passwords or their registration.

5. USER GENERATED CONTRIBUTIONS

EATFRESH.TODAY may invite you to chat, participate in or comment on blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or via the Site, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Services and through third party websites. As such, any Contributions you transmit will be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:

5.1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret or moral rights of any third party;

5.2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us, the Site and other users of the Site to use your Contributions;

5.3. you have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use his or her name or likeness to enable inclusion and use of your Contributions in the manner contemplated by the Site;

5.4. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us), do not ridicule, mock, disparage, intimidate or abuse anyone, do not advocate the violent overthrow of any government, do not incite, encourage or threaten physical harm against another, do not violate any applicable law, regulation or rule and do not violate the privacy or publicity rights of any third party;

5.5. your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, and do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

5.6. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

5.7. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

We are not liable for any statement, representation or Contributions provided by you in any area of the Site. Any use of the Site or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Services. Although there is no obligation to do so, we reserve the right, in our absolute and sole discretion, to delete or edit any Contributions at any time or for any reason without notice. We have no obligation to monitor your Contributions.

6. CONTRIBUTION LICENSE

By posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to: (1) edit, redact or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions that are determined to be inappropriate.

7. SERVICE MODIFICATIONS

EATFRESH.TODAY may from time to time and at any time modify or discontinue, temporarily or permanently, any of or all of the Services with or without notice.  EATFRESH.TODAY shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service, or any portion thereof.

9. PROPRIETARY RIGHTS

EATFRESH.TODAY is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, all data, information and reports, which are the sole and exclusive property of EATFRESH.TODAY with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content, if any.  You acknowledge and agree that the content and materials available on the Site, including without limitation all data, information, survey results, reports, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights or other proprietary rights and laws and are the sole and exclusive property of EATFRESH.TODAY and that you have no rights of ownership and may only use the data and information subject to these Terms of Use, subject in all cases to EATFRESH.TODAY’s right to terminate such license at any time.

Your right to access and use the Services is specific to you and subject to the Service Subscription you have entered into and EATFRESH.TODAY grants you a non-exclusive license to use the content and materials for which you have subscribed and paid for solely in accordance with these Terms of Use and your Service Subscription. Use of any of the materials for any purpose not expressly permitted in these Terms of Use is prohibited.

10. PRIVACY

The terms of the EATFRESH.TODAY Privacy Policy govern the collection, use and distribution of information related to you. You may find and access the Privacy Policy here. You must access and acknowledge and accept the Privacy Policy in order to maintain an active registration.  By continuing to access the Site, you agree that you have had an opportunity to read and review our Privacy Policy.

11. INDEMNITY; DISCLAIMER OF WARRANTIES

You agree to indemnify EATFRESH.TODAY and all its affiliates, employees, agents, representatives, third party service providers, and members of their governing boards (all of which are “EATFRESH.TODAY Entities”), and to defend and hold each of them harmless, from any and all claims, actions, and liabilities and all related costs, fees, and expenses (including attorneys’ fees) arising out of or related to your breach of these Terms or your use of the Service.

YOU ACKNOWLEDGE THAT YOU ARE USING THE EATFRESH.TODAY SITES AND SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” AND EATFRESH.TODAY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY EATFRESH.TODAY. WITHOUT LIMITING THE FOREGOING, THE EATFRESH.TODAY ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING USER-GENERATED CONTENT AND EATFRESH.TODAY MATERIALS. THE EATFRESH.TODAY ENTITIES AND THEIR THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE EATFRESH.TODAY SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

132. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EATFRESH.TODAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ANY OF THE SERVICES OR PRODUCTS AVAILABLE THROUGH EATFRESH.TODAY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT  EATFRESH.TODAY  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL THE EATFRESH.TODAY ENTITIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY EATFRESH.TODAY IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EATFRESH.TODAY AND YOU.

You acknowledge that EATFRESH.TODAY has set its prices and entered into your Service Subscription and permitted your use of the Site and the Services in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in these Terms of Use will survive and apply even if found to have failed of their essential purpose.

13.TERMINATION

EATFRESH.TODAY reserves the right, in its sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Site and/or the Services and/or to remove any data, content and materials from the Site, with or without notice.  EATFRESH.TODAY may restrict, suspend or terminate your access to the Site and/or the Services if EATFRESH.TODAY believes you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.

15. CHOICE OF LAW

You agree that these Terms and all disputes relating to these Terms and any Services, for all purposes, shall be governed and construed in accordance within the courts in Mumbai  jusrisdiction.

16. DISPUTE RESOLUTION

16.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by EATFRESH.TODAY, regardless of whether such product or service was purchased prior to or after your acceptance of this Arbitration Agreement, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and EATFRESH.TODAY, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

16.2. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and EATFRESH.TODAY, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and EATFRESH.TODAY.

16.3. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

16.4. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

16.5. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with EATFRESH.TODAY.

17. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and EATFRESH.TODAY. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these.