TENERA

Terms and Conditions

Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.tenerafresh.com website.

The domain name www.tenerafresh.com (hereinafter referred to as "Website") is owned by Tenera Fresh Foods Private Limited a company incorporated under theCompanies Act, 1956 with its registered office at Old #26, New # 89, 2nd Cross, Narasimaiah Block, Beerappa Garden, Chamundinagar, R.T Nagar Post, Bangalore KA 560032 IN (hereinafter referred to as "Tenera").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Tenera Fresh Foods Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Tenera.

These Terms of Use of the website located at the URL www.tenerafresh.com under the name and style "Tenera Fresh Foods" (the Website) is between Tenera Fresh Foods Private Limited (hereinafter referred to as " Tenera Fresh Foods Pvt Ltd" or " Tenera Fresh Foods " or "Tenera Fresh" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Tenera Fresh offers You access to the Website and such other services as are incidental and ancillary thereto ("Services"). 

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Purchase), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.  By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Tenera Fresh Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility


The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Tenera Fresh system by Tenera Fresh Foods Pvt ltd for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Tenera Fresh and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

Tenera Fresh reserves the right to refuse access to use the Services offered at the Website 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 (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

Your Account and Registration Obligations


You may access and use the Website and the Services either as a registered user or as a guest user(unregistered users). However, not all sections of the Website and Services will be accessible to guest users or unregistered users.

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications


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.



Limitation of Liability

The aggregate liability of the Company, if any, that can be established and proved pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.

It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

 We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

 We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. 

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

 We will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.


Disclaimer of Warranties, Liability and Accuracy

To the maximum extent permitted by applicable law, Tenera Fresh will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Tenera Fresh also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

You expressly understand and agree that, to the maximum extent permitted by applicable law Tenera Fresh 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 website or any services, either with or without your knowledge. Tenera Fresh has endeavored to ensure that all the information on the website is correct, but Tenera Fresh neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Tenera Fresh shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Tenera Fresh shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Tenera Fresh's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Tenera Fresh is not responsible for any typographical error leading to an invalid coupon. Tenera Fresh accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Limitation of Liability


You agree to indemnify, defend and hold harmless Tenera Fresh, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

Tenera Fresh may notify You of any claims which You shall be liable to indemnify Tenera Fresh against. You will then be required to consult with Tenera Fresh regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Tenera Fresh without the express prior written consent of Tenera Fresh which can be withheld or denied or conditioned by Tenera Fresh in its sole discretion.

Notwithstanding anything to contrary in the Agreement(s), Tenera Fresh entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Tenera Fresh under the relevant order to which the cause of action for the liability relates.

Notwithstanding anything to contrary in the Agreement(s), in no event shall Tenera Fresh, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Tenera Fresh has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.


Notification of Changes

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using Our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.


Pricing

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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 Service.


OPTIONAL TOOLS

We may provide You with access to third-party tools which are different payment gateways over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.


We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website/App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third- parties. Third-party links on this site may direct you to third-party Website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Website, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Website


Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on Our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Website is inaccurate at any time without prior notice (including after You have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website/App has been modified or updated.

Intellectual Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Tenera Fresh Foods Pvt Ltd. You acknowledge and agree that all Material on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without express written permission of Tenera Fresh Foods Pvt Ltd. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the App or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

The Website/App may not be used in connection with any commercial purposes, except as specifically approved by Tenera Fresh Foods Pvt Ltd.

PROHIBITED USE

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related Website, other Website, or the Internet. We reserve the right to terminate your use of the service or any related Website for violating any of the prohibited uses.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and shall be subject to the jurisdiction of the courts in Bangalore.

CANCELLATION AND REFUND POLICY

The cancellation of any order made by You should be cancelled within 15 (Fifteen) minutes of placing the order. Any cancellation made after such period of 15(Fifteen) minutes shall not be entertained and We shall be entitled to receive the entire amount of the order placed by You.

We serve the best quality products to our customers, In case you were not happy with our product let us know at orders@tenerafresh.com. Tenera Fresh Foods Pvt Ltd reserves the right to refund the entire amount for the order.




General


Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Tenera Fresh Foods Pvt Ltd is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Tenera Fresh Foods Pvt Ltd or its third parties performing such services as sub-contractor to Tenera Fresh Foods Pvt Ltd and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Tenera Fresh Foods Pvt Ltd shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Tenera Fresh Foods Pvt Ltd shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.


In case of any grievance arising from the use of the Website, please contact the Grievance Officer within 24 hours and the same shall be redressed within 1(one) week from receipt of such complaint.

Grievance Officer: Name: Mohammed Haneef

Contact: mohammedhaneef@tenerafresh.com