Terms and Conditions
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.
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").
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.
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.
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.
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), 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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org. Tenera Fresh Foods Pvt Ltd reserves the right to refund the entire amount for the order.
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