These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ProTAC Foods International Pvt.Ltd .ProTAC Foods International Pvt.Ltd ,is the licensed owner of the brand ProFRESH (“we,” “us” or “our”), concerning your access to and use platform www.ProFRESH.store ("Website"), or the ProFRESH mobile application on iOS or Android devise including phones, tablets or any other electronic devise ("ProFRESH App"), or the mobile platform, www.m.ProFRESH.store ("Mplatform"), where as the Website are together referred to as (the "Platform"), or purchasing products from the Platform you agree to be bound by all of the terms and conditions of this Agreement.
For the purposes of this Agreement, wherever the context so requires "You" or "User" shall mean any person including any natural or legal person who uses the Platform or buys any product from the Platform using any computer systems or other devices including but not limited to any mobile device, handheld device and tablets.
This Agreement includes, and incorporates by reference, the policies and guidelines referred to in this Agreement. In the event of any conflict between the terms of this Agreement and any provision of such polices and guidelines, the terms of this Agreement shall prevail in relation to the subject matter hereof and the terms of such polices and guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to carefully read all such policies and guidelines, as available on the Platform.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ProTAC Foods International Pvt. Ltd for other products or services. In the event of any conflict between the terms of this Agreement and any other agreement executed with you, the terms of such other agreement shall prevail in relation to the subject matter thereof
If you do not agree with this Agreement (including any policies or guidelines referred to herein), please immediately terminate your use of the Platform.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
Except as expressly provided in these Terms and Conditions, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the platform, you are granted a limited license to access and use the platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the platform, the Content and the Marks.
MOBILE APPLICATION LICENSE
If you access the platform via mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(8) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) providing your Third-Party Account login information through the platform; or
(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the platform via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the platform.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
TERMS OF OFFER
This Platform offers for sale various products including food products (the "Products"). By placing an order for Products through this Platform, you agree to the terms set forth in this Agreement.
By using the platform, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such registration information as necessary
3.You have the legal capacity and you agree to comply with these Terms and Conditions
Not a minor in the jurisdiction in which you reside [ or if a minor, you have received parental permission to use the Platform]
5.You will not access the platform through automated or non-human means, whether through a bot, script
You will not use the platform for any illegal or unauthorized purpose
Your use of the platform will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform (or any portion thereof)
You may be required to register with the platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
1.Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2.Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3.Use a buying agent or purchasing agent to make purchases on the Platform.
4.Use the Platform to advertise or offer to sell goods and services.
5.Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
6.Engage in unauthorized framing of or linking to the Platform.
7.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8.Make improper use of our support services or submit false reports of abuse or misconduct.
9.Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10.Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
11.Attempt to impersonate another user or person or use the username of another user.
12.Sell or otherwise transfer your profile.
13.Use any information obtained from the Platform in order to harass, abuse, or harm another person.
14.Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
15.Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
16.Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
17.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
18.Delete the copyright or other proprietary rights notice from any Content.
20.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
21.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22.Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
23.Use the Platform in a manner inconsistent with any applicable laws or regulations.
DISCLAIMER OF WARRANTIES
Your use of this Platform and/or products are at your sole risk. The Platform and Products are offered on an "as is" and "as available" basis. To the extent permitted under applicable laws, ProTAC Foods International Pvt.Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Platform contents, or any reliance upon or use of the Platform content or Products.
Without limiting the generality of the foregoing, PROTAC FOODS INTERNATIONAL PVT.LTD makes no warranty: That the information provided on this Platform is accurate, reliable, complete, or timely. The links to third-party Platforms are to information that is accurate, reliable, complete, and timely.
No advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein as to the results that may be obtained from the use of the Products or that defects in products will be corrected.
LIMITATION OF LIABILITY
The entire liability of ProTAC Foods International Pvt.Ltd and your exclusive remedy, in law, in equity, or otherwise, with respect to the Platform content and Products and/or for any breach of this Agreement is solely limited to the amount you paid in last one month from any such claim arising, less shipping and handling costs and taxes, for Products purchased via the Platform.
ORDERING AND PRICING
The quantity of any Product ordered by you and the quantity of Product supplied to you may vary. Please note that while we take utmost care to supply exact quantity of Product ordered by you, due to the nature of Products, it is not possible that the exact quantity of Product that you have ordered will be supplied.
The price displayed on the Platform is in relation to the particular quantity of Product as provided on the Platform and against such Product. Therefore, the price displayed for your order will also be on the basis of the weight / description of the Product ordered by you. However, the actual amount charged to you will be on the basis of the actual amount / quantity of Product delivered to you. Any difference in estimated price and actual price shall be adjusted by making a refund by PROTAC FOODS INTERNATIONAL PVT.LTD or payment of difference by you to PROTAC FOODS INTERNATIONAL PVT.LTD. Any excess amount paid by you shall be refunded to you original mode of payment.
DELIVERY, HANDLING CHARGES AND TAXES
ProTAC Foods International Pvt .Ltd may charge such delivery and handling charges as it may in its sole discretion determine from time to time and applicable taxes. At present, PROTAC FOODS INTERNATIONAL PVT.LTD charges Rs. 25 (Rupees Twenty Five Only)inclusive of delivery and, handling charges and taxes, if applicable. PROTAC FOODS INTERNATIONAL PVT.LTD may in its sole and absolute discretion, without giving any prior notice, may revise such all-inclusive charge.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
PROTAC FOODS INTERNATIONAL PVT.LTD reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at Platform.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
PROTAC FOODS INTERNATIONAL PVT.LTD will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
ProTAC Foods International Pvt.Ltd may at any time, in its sole discretion and without advance of the Platform and distribution of the Products.
This Agreement including the policies and guidelines included herein by reference comprise the entire agreement between you and PROTAC FOODS INTERNATIONAL PVT.LTD and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of ProTAC Foods International Pvt. Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should Endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law and Jurisdiction
This Platform originates from the kolar, Karnataka. This Agreement will be governed by the laws of India and shall be subject to the exclusive jurisdiction of Courts in the State of Karnataka.
Waiver of Class Action Rights
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
ProTAC Foods International Pvt. Ltd makes no representation that the Platform or Products are appropriate or available for use in locations outside India. Users who access the Platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
We will maintain certain data that you transmit to the platform for the purpose of managing the Platform, as well as data relating to your use of the platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the platform.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
These Terms and Conditions and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions 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 and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions 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 and Conditions or use of the Platform. You agree that these Terms and Conditions 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 and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
ProTAC Foods International Pvt.Ltd
No.115 Allalasandra ,Behind RTO Check post
BY USING THIS PLATFORM OR ORDERING PRODUCTS FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.