TERMS AND CONDITIONS FOR USE OF RADHAEE FOODS

Welcome to Radhaee Foods!

The portal www.radhaeefoods.com and its corresponding website and mobile application (collectively, “Radhaee Foods”), is managed and operated by Radhatma’s Radhaai Foods (“Radhatma’s Radhaai Foods”, “we”, “us” or “our”). Any natural or legal person who accesses and / or uses Radhaee Foods in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Radhaee Foods (“Service”) will be subject to these terms and conditions for use of Radhaee Foods (“Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.

These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing Radhaee Foods or availing any Service. By using the Radhaee Foods or availing any Service, you signify your agreement to be bound by these Terms of Use.

I. USE OF RADHAEE FOODS

You agree and acknowledge that Radhaee Foods is an online platform that enables
you to purchase the products listed on Radhaee Foods at the indicated price at any
time from the serviceable locations. Except where we are the seller of the relevant
product on Radhaee Foods, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Radhaee Foods. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Radhaee Foods.

II. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Radhaee Foods. If you are a minor i.e. under the age of 18 years, you may use Radhaee Foods only with the involvement of a parent or guardian.

III. REGISTRATION AND OPERATION OF YOUR ACCOUNT

1) In order to use Radhaee Foods and avail the Services, you will have to register on Radhaee Foods. Registration is a one-time process and is free of cost. You may register in one of the following ways:

i) By creating a Radhaee Foods account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Radhaee Foods account at any time.

ii) By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by Radhatma’s Radhaai Foods (for example, Google or Facebook). If you use such third-party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.Your credentials shared by you at the time of registration and your Radhaee Foods login ID and password are referred to as “Account Information”.

2) You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.

3) You may be held liable for any losses incurred to Radhatma’s Radhaai Foods or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to Radhaee Foods, terminate accounts, remove or edit content at any time without notice to you.

IV. COMMUNICATION AND UNSUBSCRIPTION

1) You understand that once you have shared your Account Information and successfully registered on Radhaee Foods, you may receive SMS or email notifications from Radhatma’s Radhaai Foods relating to your registration and transactions on Radhaee Foods.

2) You may also receive such notifications regarding any marketing / promotional activities that maybe available on Radhaee Foods from time to time. By sharing your Account Information and registering on Radhaee Foods and / or verifying your contact number with us, you explicitly consent to receive marketing / promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications CustomerPreference Regulations, 2018.

3) Radhatma’s Radhaai Foods may also send notifications and reminders with respect to the Services on Radhaee Foods. While Radhatma’s Radhaai Foods endeavours to provide these notifications and reminders to you promptly, Radhatma’s Radhaai Foods does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications / reminders to you.

4) You can unsubscribe / opt-out from receiving marketing / promotional communications, newsletters and other notifications from Radhatma’s Radhaai Foods at any time by following the instructions set out in such communications.

V. LICENSE AND ACCESS TO PLATFORM

1) Your use of Radhaee Foods, the Services, and access to the Radhaee Foods Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Radhaee Foods website. You will use Radhaee Foods solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use only and not for business purposes.

2) The license granted to you does not include a license for: (a) resale of Products or commercial use of Radhaee Foods or Radhaee Foods Content, (b) any collection and use of product listings, description, or prices, (c) any use of Radhaee Foods, the Services and / or of Radhaee Foods Content other than as contemplated in these Terms of Use, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Radhaee Foods, (f) creating and / or publishing your own database that features parts of Radhaee Foods.

3) You grant to Radhatma’s Radhaai Foods a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on Radhaee Foods without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on Radhaee Foods. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Radhatma’s Radhaai Foods, including the execution of deeds and documents, at its request.

Please note that Radhatma’s Radhaai Foods at all times reserves the right to refuse your access to Radhaee Foods, terminate / deactivate your account, remove or edit content on Radhaee Foods, at its discretion.

VI. PERSONAL INFORMATION PRIVACY

1) During the course of your registration on and usage of Radhaee Foods or availing the Services, Radhatma’s Radhaai Foods may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.

2) Radhatma’s Radhaai Foods respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, Radhatma’s Radhaai Foods has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access Radhaee Foods or avail the Services. For more information, please refer to the Privacy Policy.

VII. CONTENT ON PLATFORM

VIII. DISCLAIMERS

1) Radhatma’s Radhaai Foods will try to make access to and use of Radhaee Foods error-free and without interruptions. However, your access to Radhaee Foods may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Radhaee Foods. Radhatma’s Radhaai Foods does not take responsibility for any access or usage problems that arise from internet related issues at your end.

2) All information in relation to third parties, including sellers and the products listed by them on Radhaee Foods (“Third-party Information”) are provided only for reference. Radhatma’s Radhaai Foods, in its capacity of an intermediary under the applicable laws, is not endorsing Third-party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third-party Information at your own risk.

3) Radhaee Foods may contain user generated content which Radhatma’s Radhaai Foods does not pre-screen and which contains views that may be opinions of users/ experts. Radhatma’s Radhaai Foods will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). Radhatma’s Radhaai Foods does not promise that the user generated content on Radhaee Foods is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

4) To help you in identifying the products of your choice, description of the products are provided on Radhaee Foods by Radhaee Foods and the relevant seller (incase of third-party seller) through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.

5) The Services included on Radhaee Foods are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Radhatma’s Radhaai Foods does not covenant or provide any representations and warranties:

i) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Radhaee Foods;

ii) that the Services will be made available at all times;

iii) that the operation of Radhaee Foods, including the functions contained in any content, information and materials on Radhaee Foods or any third-party sites or services linked to Radhaee Foods will be uninterrupted, or that the defects will be rectified, or that Radhaee Foods or the servers that make such content, information and materials available are free of viruses or other harmful components; and

iv) that the Radhaee Foods Content available on Radhaee Foods is complete, true, accurate or non–misleading.

6) Parties other than Radhatma’s Radhaai Foods and its affiliates may operate stores, provide services, or list or sell product lines on Radhaee Foods. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them other than of Radhaee Foods. Radhatma’s Radhaai Foods does not
assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on Radhaee Foods is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

7) To the extent permitted by applicable law, Radhatma’s Radhaai Foods disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Radhaee Foods.

8) Radhatma’s Radhaai Foods 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 access links of any third-party platforms, you are doing so entirely at your own risk and expense.

IX. USER WARRANTIES AND RESTRICTIONS

1) You represent and warrant that: (a) your use of Radhaee Foods and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Radhatma’s Radhaai Foods in connection with Radhaee Foods and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Radhaee Foods policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Radhatma’s Radhaai Foods will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Radhatma’s Radhaai Foods and its affiliates for all claims brought by a third-party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

2) You will use Radhaee Foods for lawful purposes only, and will not undertake any activity that is harmful to Radhaee Foods or its content or otherwise not envisaged through Radhaee Foods. You have a limited license to access and use Radhaee Foods, solely for the purpose of availing the Services, subject to these Terms of Use.

3) The use of the Platform by you is restricted to personal use only, and you will not use any portion of Radhaee Foods (including the contents on the Platform) or Services for any resale or commercial purpose.

4) You will not do any of the following:

i) Delete or modify any content on Radhaee Foods, such as any information regarding the Services, their performance, sales or pricing;

ii) Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Radhaee Foods;

iii) Make false or malicious statements against the Services, Radhaee Foods or Radhatma’s Radhaai Foods;

iv) Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Radhaee Foods and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Radhaee Foods and/or the Services;

v) Introduce any trojans, viruses, any other malicious software, any bots or scrape Radhaee Foods for any information;

vi) Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

vii) Hack into or introduce malicious software of any kind onto Radhaee Foods;

viii) Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

ix) Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

5) You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Radhaee Foods, any information that:

i) belongs to another person and to which You do not have any right;

ii) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

iii) harms minors in any way;

iv) infringes any patent, trademark, copyright or other proprietary rights;

v) violates any law for the time being in force;

vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii) impersonates or defames another person; or

viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

X. INDEMNIFICATION AND LIMITATION OF LIABILITY

1) You agree to indemnify, defend and hold harmless Radhatma’s Radhaai Foods, 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 your access to or use of Radhaee Foods or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Radhatma’s Radhaai Foods or any third-party. Radhatma’s Radhaai Foods will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Radhatma’s Radhaai Foods with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

2) To the fullest extent permitted by law, in no event shall Radhatma’s Radhaai Foods or any of its directors, officers, employees, agents or content or service providers (collectively, the “Radhatma’s Radhaai Foods Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Radhaee Foods or the content, materials and functions related thereto, the Services, provision of information via Radhaee Foods, lost business, even if such Radhatma’s Radhaai Foods Representatives have been advised of the possibility of such damages.

3) In no event shall Radhatma’s Radhaai Foods Representatives be liable for:

i) the use or inability to use Radhaee Foods and/or the Services;

ii) any content posted, transmitted, exchanged or received by or on behalf of any user
or other person on or through Radhaee Foods;

iii) any unauthorized access to or alteration of your transmissions of sensitive personal
information or other user data; or

iv) any other matter relating to Radhaee Foods or the Services.

4) Radhatma’s Radhaai Foods is neither liable nor responsible for any actions or inactions of the other users of Radhaee Foods or any breach of conditions, representations or warranties by them. Radhatma’s Radhaai Foods is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Radhaee Foods.

5) None of the directors, officials or employees of Radhatma’s Radhaai Foods shall be personally liable for any action in connection with Radhaee Foods or the Services.

XI. ACCESS OUTSIDE THE REPUBLIC OF INDIA

1) Radhatma’s Radhaai Foods makes no representation that the content on Radhaee Foods is appropriate to be used or accessed outside the Republic of India. Any users who use or access Radhaee Foods from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

XII. TERM AND TERMINATION

1) These Terms of Use shall be effective from the date of their publication on Radhaee Foods.

2) Radhatma’s Radhaai Foods reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if Radhatma’s Radhaai Foods is unable to verify or authenticate any information submitted by you.

3) You may terminate these Terms of Use at any time, provided that you discontinue any further use of Radhaee Foods or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on Radhaee Foods, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

XIII. FORCE MAJEURE

13.1. Radhatma’s Radhaai Foods 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 Radhatma’s Radhaai Foods’s reasonable control.

XIV. WAIVER

1) No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Radhatma’s Radhaai Foods. Any consent by Radhatma’s Radhaai Foods to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

XV. SEVERABILITY

1) If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use 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 of Use 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.

XVI. GRIEVANCE REDRESSAL

1) You may submit any grievance with respect to Radhaee Foods or the Services, including with respect to any abuse on Radhaee Foods including any discrepancies or grievances with respect to access or usage of Radhaee Foods in violation of these Terms of Use by any person, to the Grievance Officer at:

Name : Paresh Atmaram Raikar
E–mail ID : [email protected]

XVII. GOVERNING LAW AND DISPUTE RESOLUTION

1) These Terms of Use, all transactions consummated between Radhatma’s Radhaai Foods and you, and the relationship between Radhatma’s Radhaai Foods and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Goa.

XVIII. AMENDMENT

1) These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Radhaee Foods. Your relationship with Radhaee Foods will be governed by the most current version of these Terms of Use, as published on Radhaee Foods.

XIX. MISCELLANEOUS

1) In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Radhatma’s Radhaai Foods will not be liable for any transaction between itself and any such third parties.

2) These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Radhatma’s Radhaai Foods, for the use of Radhaee Foods, and the rights and liabilities with respect to any Services to be provided by Radhatma’s Radhaai Foods shall be limited to the scope of these Terms of Use.

XX. NODAL OFFICER