Last updated: 25May, 2020
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.
1. NO UNLAWFUL USE
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;
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
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.
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.