The domain name www.sanghvi-group.com on the Platform and mobile application (hereinafter referred to as “Platform“) is owned by Sanghvi Foods Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Silver house, near Panchmukhi Hanuman Mandir, A. B. Road, Indore – 452 010, Madhya Pradesh (hereinafter referred to as “SFPL“).
Please note that the availability of, and your ability to access the Platform or some part of the Platform, is subject to our sole discretion and may be dependent upon your geographical location. On account of the nature of the internet, this Platform may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Platform and availing of the services, at your own risk, choice and initiative and You agree and undertake to ensure that your use of the Platform complies with all applicable laws including the local laws in your jurisdiction. Further, such services may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. You agree and acknowledge that We may monitor or use certain technologies and monitoring of activities including logging of Your IP address to ascertain and verify your geographical location. Subject to compatibility, You may be able to access the Platforms through mobile phones, tablets and other IP based connected devices.
Eligibility to Use Services
- This Platform are not available to minors i.e., persons under the age of 18 (eighteen) years or to any Users suspended or removed by SFPL for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services from the Platform under the applicable laws. SFPL reserves the right to refuse access to the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
- User Account, Password, and Security In order to purchase the Products on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”). You shall ensure and confirm that the Account information provided by you is complete, accurate and up to date. If there is any change in the Account information, you shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if SFPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SFPL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that SFPL may have against You at law or in equity, for any misrepresentation of information provided by You. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to,
- Immediately notify SFPL of any unauthorized use of Your Account information or any other breach of security, and
- Ensure that you exit from Your Account at the end of each session.
- SFPL cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by SFPL or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for shopping on the Platform is expressly prohibited.
- You are legally authorized to provide such Payment Details;
- You are legally authorized to perform payments using such Payment Details; and
- Such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law.
- The payment receipt for completion of a transaction shall be made available to Buyer on the Platform. Except to the extent otherwise required by applicable law, SFPL is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, SFPL is not liable for any payments that do not complete because:
- Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
- You have not provided Seller with correct Payment Details;
- Your payment card has expired; or
- Circumstances beyond control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
- The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using your payment card or internet banking. The Platform shall not be obligated to refund any money to you in such instances. All information that is collected at the time of payment, like card details, names; passwords etc. are encrypted using Secure Socket Layer (SSL) coding. The terms mentioned in this section are also mentioned under “Billing Terms and Conditions“.
The price of the Products displayed on the Platform shall be either equal to or less than the Maximum Retail Price (MRP) printed on such Products. If no such Maximum Retail Price (MRP) is printed on such Products, then such Products shall be sold at such price as may be determined by the Seller. Any order/booking made for a Product through the Platform may be subject to additional terms and conditions (including offers, discount and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which you are presumed to have read and accepted at the time of placing the order/booking.
Shipping of Products
- Orders placed by you on the Platform through Seller, will be delivered as per notification received by buyer post placement of the order. At times when Seller are experiencing high volume of orders or any reasons beyond control of Seller, shipments may get delayed by a few days, in which case, You will be intimated (on the details shared by you at the time of placing Your order/registering on the Platform). Once your order is dispatched by Seller, you will be communicated, with the details of the time and progress of the delivery. On the date of delivery, the person delivering the Product will reach out to you (on the number shared by you at the time of placing your order/registering on the Platform) to confirm your presence to receive the Order. You are requested to be available on the date of delivery since the Products will either be hand delivered to you or to someone appointed by you to collect the order on your behalf. In case of appointment of someone to collect the Order, please select the option for the same while placing your order on the Platform.
- All deliveries sent to residential or commercial spaces require a recipient signature for authentication or any automated proof of receipt of goods. We take no responsibility for shipment receipt signed by an alternative person other than the person ordering the Product or someone appointed by you to receive the order at the delivery address. Maximum of 3 attempts will be made on the date of delivery to deliver the Product at the address indicated as the delivery point, at the time of placing the order post which the order will be cancelled, and no refund will be given. We do not take responsibility for an incorrect address that was provided at the time of placing the order. In case of an incorrect address, the product will be returned by the rider and no refund will be given to the customer.
- All claims for damages must be reported to customer service through an email at: firstname.lastname@example.org 24 hours of order delivery. For each order, a shipment charge will have to be paid by the customer if applicable. The exact shipment charges for the order will be shown to the customer at the order checkout page. As soon as the customer receives the product, the customer should store it under the storage conditions mentioned on the back of the pack. No replacement or refunds will be done for any quality loss or damages if the product is not stored in the storage/usage conditions mentioned at the back of the pack.
Cancellation, Returns and Exchange
An order placed and confirmed cannot be cancelled you are entitled to a 100% replacement of order in case you received something else than what you ordered or your order reached you in a distorted manner. If purchase of the Product is made under a special promotional offer or any special scheme, special rules shall apply for replacement. Replacement process must be initiated within 24 hours from the time of receipt of order by the User. The Product must be in an unused state before seeking a for a replacement and should be accompanied by a copy of the original receipt or invoice issued at the time of sale of the Product. Any request for replacement will be accepted only after inspection of the Product. Once the replacement request is placed with the customer service, the logistics partner will arrange for a pickup of the Product from the address provided at the time of placing the order. Once the Product is received, it takes about 1 working day for inspection team to confirm on the replacement. On confirmation of the genuine need for replacement of the Product, we shall replace the desired Product with the User in 3 working days. At every step of the replacement process, we shall keep you updated through emails and/or SMS. However, if you have any queries before, during or after the replacement is completed, feel free to contact us at: email@example.com. The terms mentioned in this section are also mentioned under “Cancellation, Returns and Exchange Policy“.
Use of Platform
- All commercial/contractual terms are offered by and agreed to between You and the registered sellers alone and detailed in the Seller T&C. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to the products. SFPL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the registered sellers. All discounts offers (including exchange offers) are by the registered sellers and not by SFPL. However, SFPL reserves rights to support services to sellers in respect of warehousing, logistics, order fulfilment, call centre, payment collection and other services as requested by Sellers.
- Terms with regard to placement of any order of the products with a registered seller, acceptance of such order, terms of delivery etc. shall governed by the Seller T&C. Any enquiry placed by you, or selection of products for an intended purchase with a registered seller on our Website does not constitute a contract between us, and SFPL shall in no way be connected with the booking or acceptance of the orders, which shall solely be between You and the registered seller.
- All enquiries raised by You on the Website or any product selection by You on the Website along with the information provided by You on the Website will be communicated to the registered sellers. On placing of an enquiry or an order from You will be contacted by the registered seller either by email or by telephone and You can proceed to place Your order with the registered seller on such terms and conditions as agreed between You and the registered Seller. On making production selection on the Website for an intended purchase, You will be directed to the Seller’s payment gateway, where You can transact and complete your order with the registered seller on terms as agreed with the registered seller.
- On placing an order selection on the Website and subsequent payment on the Seller’s payment gateway, You will receive communication confirming your order. This will only be an acknowledgement and will not constitute acceptance of your order by the registered seller. A contract between You and the registered seller for the purchase of the goods will not be formed until You receive a shipment confirmation from the registered seller. The registered seller is not obliged to supply the product to You until it has accepted your order. Until the time that your order is so accepted, the registered seller reserves the right to cancel your order and You have the right to cancel your order. Any transaction price paid by You in case of such cancellation by the registered seller, shall be refunded to You by the registered seller. Further, the registered seller may cancel an order wherein the quantities exceed the typical consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical consumption. What comprises a typical consumption quantity limit shall be based on various factors and at the sole discretion of the registered seller and may vary from customer to customer.
- SFPL does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services displayed on the Website and proposed to be sold or offered by the registered seller. SFPL does not implicitly or explicitly support or endorse the sale or purchase of any products or services that are displayed on the Website. SFPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- SFPL is not responsible for any non-performance or breach of any contract entered into between You and the registered seller. SFPL cannot and does not guarantee that You or the registered seller will perform any transaction concluded between you. SFPL shall not and is not required to mediate or resolve any dispute or disagreement between You and a registered seller.
- SFPL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its registered seller. You are advised to independently verify the bona fides of any particular registered seller that You choose to deal with and use Your best judgment in that behalf.
- SFPL does not at any point of time during any transaction that may ensue between You and a registered seller come into or take possession of any of the products or services offered by the registered seller nor does it at any point gain title to or have any rights or claims over the products or services offered by the registered seller to You.
- At no time shall SFPL hold any right, title or interest or over the products nor shall SFPL have any obligations or liabilities in respect of such contract entered into between You and the registered seller. SFPL is not responsible for unsatisfactory or delayed performance of services or damaged products or delivery delays for any reason whatsoever.
- The Website is only a promotional venture being undertaken by SFPL to market to You the range of products, available with SFPL. Any potential sale or transaction with a registered seller by You shall be a strictly bipartite contract between the registered seller and You and shall in no manner concern SFPL.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the registered seller(s) that You transact with.
- You agree, understand and acknowledge that the Platform is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time from any location. You further agree and acknowledge that SFPL is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be a strictly bipartite contract between you and the sellers on sanghvi-group.com
- In accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by SFPL/other Users.
- You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by SFPL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable.
- SFPL disclaims all liabilities arising in relation to such offensive content on the Platform. Further, You undertake not to: defame, abuse, harass, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from SFPL; conduct or forward surveys, contests, pyramid schemes or chain letters; upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer; engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform); attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or through the Platform, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
Intellectual Property Rights
The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by SFPL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of SFPL or Sellers or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of SFPL, or the Sellers, or the third party that may own the Marks.
Disclaimer of Warranties & Liability
- You expressly understand and agree that, to the maximum extent permitted by applicable law: the Platform, Products and other Content are provided by SFPL on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SFPL makes no warranty that
- The Platform or Products will meet Your requirement, or Your use of the Platform will be uninterrupted, timely, secure or error-free;
- The results that may be obtained from the use of the Platform will be effective, accurate or reliable;
- The quality of the Platform and the Products sold therein will meet your expectations; or
- Any errors or defects in the Platform will be corrected.
- SFPL will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge. SFPL has endeavored to ensure that all the information on the Platform is correct, but SFPL neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information regarding the Products, or otherwise.
- SFPL shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, SFPL shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond SFPL’s control.
- You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
Indemnification and Limitation of Liability
Suspension and Termination
- Close Your Account on the Platform; and/or
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, for a, applicable authorities at Ahmedabad.
You hereby expressly agree to receive communications by way of SMS and/or e-mails from SFPL and other third parties. You can unsubscribe / opt-out from receiving communications through e-mail anytime by writing to us at visiting firstname.lastname@example.org. When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
General Provisions Notice
If you believe the Platform violates your intellectual property, you must promptly notify SFPL in writing at email@example.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in Your notice: the intellectual property that You believe is being infringed; the item that You think is infringing and include sufficient information about where the material is located on the Platform; a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform; Your contact details, such as Your address, telephone number, and/or email; a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and Your physical or electronic signature.
Any dispute(s) in connection with the any ongoing promotional offer shall be subject to the exclusive jurisdiction of the courts at Indore, Madhya Pradesh. SFPL will not be liable in any manner for any cost or expense incurred for the purpose of redemption of any Gift Card or/and Promotional Offer. SFPL reserves the right to amend the Terms & Conditions at its discretion without prior notice. ‘Fortune’ is an exclusive trademark/brand of SFPL. No liability or responsibility is assumed by the SFPL Limited resulting from redemption or attempt to redeem the Promotional Offer or ability or inability to upload or download any information in connection with the Offer. No responsibility or liability is assumed by SFPL for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotional Offer; Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the www.sanghvi-group.com Platform in whole or in part for any reason; traffic congestion on the Internet or www.sanghvi-group.com web site; unauthorized human or non-human intervention of the operation of the Offer, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Offer, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Offer.
Use of www.sanghvi-group.com web site is at consumer’s own risk. SFPL is not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s computer equipment resulting from participation in the Offer. SFPL reserves the right to extend, cancel, discontinue, withdraw, change, alter or modify any promotional Offer or any part thereof or any of the terms thereof with or without notification and without assigning any reason. If for any reason the Offer is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Offer, SFPL reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the process, and to cancel, modify or terminate the Offer.