ULTRALISCIOUS FRESHMEATS & MORE PVT LTD is the owner of the brand "TENDERFRESH MEATS" and the website www.tenderfreshmeats.com (THE SITE)
These Terms of Service (“Agreement”) apply to the use of website – www.TENDERFRESHMEATS.COM ("Website"), the Tenderfresh meats mobile application on iOS or Android devices including phones, tablets or any other electronic device ("Tenderfresh meats App") and the mobile site - www.m.Tenderfreshmeats.com ("Msite"); whereas the Website, the Tenderfresh meats App and the Msite are together referred to as the "Platform". 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 of ULFM & MORE PVT LTD using any computer system or other device including but not limited to any mobile device, handheld device and tablet and “ULFM & MORE PVT LTD” or “we” shall mean ULTRALISCIOUS FRESHMEATS & MORE PRIVATE LIMITED.
ULFM & MORE PVT LTD encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform and / or the purchase of Products (defined below). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ULFM & MORE 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. If you would like to print this Agreement, please click the print button on your browser toolbar.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms and conditions set forth in this Agreement.
ULFM & MORE PVT LTD reserves the right to terminate your membership and/or refuse access to the Platform, if you are below eighteen (18) years of age or otherwise incompetent to contract as per applicable law.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform, subject to the terms of this Agreement. You agree that you will not violate any laws in connection with your use of the Platform or interfere with or try to disrupt the Platform.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on the Platform including the brand name - TENDERFRESH MEATS (collectively, “Content”) are owned by ULFM & MORE PVT LTD .The access to this site is for the personal use of the customer and not for any commercial use. You are expressly prohibited from using any Content without the express written consent of ULFM & MORE PVT LTD. Except as otherwise stated in this Agreement, No portion of the site may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of ULFM & MORE PVT LTD. You may not, without ULFM'S written permission express written permission, 'mirror,copy, sell or resell or otherwise exploite ' any material contained on the Platform or any other server.
OBLIGATION OF THE CUSTOMER/VISITOR
You shall unconditionally undertake not to host, display, upload, modify, publish, transmit, update or share any information on the Platform that —
Belongs to another person and to which you do not have any right to,and, interferes with any others persons right to use or enjoyment of the site;
Is harmful,abusive, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright privacy or other personal or proprietary rights causing injury to any person;
Breaches applicable laws regulations or any code of practice in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;and not to use false email addresses and mislead on customer feedbacks;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform;
You agree not to collect information of other users from the Platform or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
voilates the security of the platform through any unauthorised access;
ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
PICTURES AND COLOURS
ULFM & MORE PVT LTD have made every effort to display the products and its colours on the website as accurately as possible,but we cannot guarantee nor take responsibility for variations in pictorial representations and colour variations due to tecnical reasons.
PRICING AND ORDERING
Prices displayed ON THE PLATFORM WWW.TENDERFRESHMEATS.COM for all the products are excluding GST
The prices of all products mentioned at the time of ordering will be charged on the date of the delivery except for fresh foods.
in case the fresh foods prices are lower or higher on the delivery date the difference will be collected or refunded.
ULFM & MORE PVT LTD is currently delivering orders of the products listed on the Platform (“Products”) and providing various offers mentioned on the Platform (“Offers”) only at select locations in Hyderabad.
We will not be able to service orders at any place other than the Operating Locations. Any modification in the Operating Locations of ULFM & MORE PVT LTD shall be mentioned on the Platform.
The Platform allows you to place order for Products in standard quantities and the price of each Product displayed on the Platform is also calculated on the basis of standard quantity of the Product. However, due to the nature of the Product there may be a variance between the quantity ordered and the quantity supplied.
We will only charge you for the quantity of the Product that has been supplied to you. In case the quantity of the Product supplied to you is less than the quantity of Product ordered, any excess amounts paid by you shall be refunded to you. The mode of refund shall be as determined by ULFM & MORE PVT LTD from time to time.
In case the quantity of the Product supplied to you exceeds the quantity ordered by you, any additional amount due from you will be adjusted against your next order.
The Products sold on the Platform are perishable goods. Hence, we recommend that you read the instructions written on the packaging of each Product carefully, before using such Product.
Any offers available on the Platform shall be, in addition to this Agreement, subject to the terms and conditions as may be listed on the Platform in relation to such offers.
RIGHT TO MODIFY TERMS AND CONDITIONS:
All Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed an order.
Prices and descriptions of the Products are subject to change at any time without prior notice, at our sole discretion.
We shall not be liable to you or to any third-party for any modification in price, suspension or discontinuance of the Products.
ULFM & MORE PVT LTD reserves the right to cancel any order if it suspects any fraudlent transactions by a customer or breaches the terms and conditions of this website
when a registered customer access www.tenderfreshmeats.com , he or she has deemed to have accepted all the terms and conditions mentioned on the site.
DELIVERY, HANDLING CHARGES AND TAXES
ULFM & MORE PVT LTD may charge such delivery and handling charges, as maybe determined by TENDERFRESHMEATS from time to time along with the applicable taxes.
Although ULFM & MORE PVT LTD strives to deliver the orders on time, there may be situations wherein the actual time taken for delivery of a Product shall vary from the delivery time mentioned at the time of ordering such Product. ULFM & MORE PVT LTD shall keep you updated about any delays in delivering of Products.
ULFM & MORE PVT LTD has introduced the feature of contact-less delivery to safeguard the health of it's customers and delivery partners,keeping in mind the ongoing covid-19 situation.
Intellectual Property,copyrights and trademarks:
All rights and copyrights on this website is owned by ULFM & MORE PVT LTD;
The customer acknowledges that access to this website does not confer and shall not be considered as conferring upon anyone any lisence under any of ULFM & MORE PVT LTD
Oor ant third party rights;
ULFM & MORE PVT LTD is the owner of the brand tenderfreshmeats and the Platform and has the exclusive right, title and ownership of any and all intellectual property rights arising out of it's brand and the Platform.
ULFM & MORE PVT LTD may occasionally post links to third party websites or other services on the Platform. You agree that ULFM & MORE PVT LTD is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from the Platform.
In addition to making Products available, this Platform also offers information, both directly and through third-party links, about nutritional and dietary supplements.
Such information available on the Platform is for general use and ULFM & MORE PVT LTD Iis not responsible for the content or the accuracy of material on such sites,thus you may rely on it solely at your own risk.
We will not be liable for any direct, indirect, consequential or other damages arising out of or connected with the use of this information.
All software used in www.TENDERFRESHMEATS.COM is the property of ULFM & MORE PVT LTD, and to be used only as a shopping resource and for customer convenience , and any other use is strictly prohibited.
To access and use the Platform, you may register with us by providing the required information. You are responsible for ensuring the accuracy of this information.
You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
The billing information you provide us, including payment details, billing address and other payment information, is subject to the same accuracy requirements as the rest of your identifying information.
Providing false or inaccurate information or using the Platform to further fraud or any unlawful activity is grounds for immediate termination of this Agreement.
By posting, storing, or transmitting any content on the Platform, you hereby grant ULFM & MORE PVT LTD a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
ULFM & MORE PVT LTD does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post.
ULFM & MORE PVT LTD is not liable for any damage or harm resulting from any posts by or interactions between users.
ULFM & MORE PVT LTD reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content ULFM & MORE PVT LTD deems objectionable, at it's sole discretion.
Unless you notify us in writing, of your intention to opt out from further direct and indirect marketing communications and solicitations, you are agreeing to continue to receive emails, calls and messages through different mediums for soliciting Products.
Opt Out Procedure
You may choose to opt out from receiving future marketing and solicitation communications by following the steps below.
You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
You may send a written request to remove to , ULTRALISCIOUS FRESHMEATS AND MORE PVT LTD: G-5/A, IDA KATTEDHAN, HYDERABAD - 500077.
DISCLAIMER OF WARRANTIES
Your use of this Platform is at your sole risk. The Platform, Products and offers are offered on an "as is" and "as available" basis. To the extent permitted under applicable laws, ULFM & MORE 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, or any reliance upon or use of the Platform or Products.
Without limiting the generality of the foregoing, ULFM & MORE PVT LTD makes no warranty that the content and the links to third-party platforms provided on this Platform are accurate, reliable, complete, or 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 any defects in the Products will be corrected.
LIMITATION OF LIABILITY
The entire liability of ULFM & MORE PVT LTD and your exclusive remedy, in law, in equity, or otherwise, with respect to the use of Platform, Products, offers 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.
To the extent permitted under applicable laws, ULFM & MORE PVT LTD will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the use of Platform, Products and offers in any manner, including liabilities resulting from (1) the use or the inability to use the Platform, Products or offers; (2) the cost of procuring substitute Products; or (3) any lost profits, loss of goodwill, loss, theft or corruption of user information that you may allege.
While all IT security measures are taken to ensure wholesome and socially acceptable content is available on the platform, notwithstanding the best efforts the customer understandsand accepts the risk that while using this site or any services provided by ULFM & MORE PVT LTD, one may encounter content that may be deemed by some to be offencive, indecent or objectionable, which may or may not be identified as such. ULFM & MORE PVT LTD and its affiliates shall have no liability to the custome for content that may be deemed offencive indecent or objectionable to you.
As a customer,I agree to release, indemnify, defend and hold harmless ULFM & MORE PVT LTD and any of it's contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) your violation of any provision of this Agreement including the breach of your warranties, representations and obligations under this Agreement by you;
(2) your use of the Platform, Products or offers;
(3) infringement of any intellectual property or other proprietary right of any person or entity including ULFM & MORE PVT LTD by you; or
(4) any information or data supplied to ULFM & MORE PVT LTD by you. When ULFM & MORE PVT LTD is threatened with suit or sued by a third party, ULFM & MORE PVT LTD may seek written assurances from you concerning your promise to indemnify ULFM & MORE PVT LTD; your failure to provide such assurances may be considered by ULFM & MORE PVT LTD to be a material breach of this Agreement. ULFM & MORE PVT LTD will have the right to participate in any defence by you of a third-party claim related to your use of the Platform, Products or offers, with a counsel of ULFM & MORE PVT LTD’s choice at its expense.
ULFM & MORE PVT LTD will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend ULFM & MORE PVT LTD against any claim, but you must receive ULFM & MORE PVT LTD prior written consent regarding any related settlement.
The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Products without notice or liability to ULFM & MORE PVT LTD
ULFM & MORE PVT LTD reserves the right to amend this Agreement at any time, in accordance with applicable law, by posting such amendments or the amended Agreement on this Platform.
ULFM & MORE PVT LTD may alert you of the amendments by indicating on the top of this Agreement the date it was last revised or by any other means. The amended Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting of any such amendments will constitute continued acceptance of the Agreement including the amendments thereof.
ULFM & MORE PVT LTD will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of it's obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, pandemic, lockdown conditions, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
ULFM & MORE PVT LTD may at any time, in it's sole discretion and without advance notice, stop the operation of the Platform and/or distribution of the Products and/or the offers provided on the Platform.
This Agreement including the policies and guidelines included herein by reference comprise the entire agreement between you and ULFM & MORE PVT LTD and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of ULFM & MORE 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 Agreement will be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Bangalore, Karnataka.
If any dispute arises between you and ULFM & MORE PVT LTD during your use of the Platform or thereafter, the dispute shall be referred to a sole arbitrator, who shall be appointed by an independent and neutral third party arbitral institution identified by ULFM & MORE PVT LTD. The place of arbitration shall be Bengaluru, Karnataka. The arbitration proceedings shall be in the English language and shall be governed by Arbitration & Conciliation Act, 1996.
This arbitration agreement will survive the termination of this Agreement with you.
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.
ULFM & MORE PVT LTD reserves the right to terminate your access to the Platform without advance notice if it reasonably believes, in it's sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Platform and ULFM & MORE PVT LTD may, in it's sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Platform is terminated, ULFM & MORE PVT LTD reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until ULFM & MORE PVT LTD chooses, in it's sole discretion and without advance notice to you, to terminate it.
Use of Platform outside Operating Locations
ULFM & MORE PVT LTD makes no representation that the Platform or Products or offers are appropriate or available for use in locations other than the Operating Locations.
You may not assign your rights and obligations under this Agreement to anyone. ULFM & MORE PVT LTD may in accordance with applicable law assign it's rights and obligations under this Agreement in it's sole discretion and without advance notice to you.
In the event that any provision of this Agreement 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 the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
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.