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TERMS

IN USING THIS WEBSITE AND APPLICATION, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS ON WHICH WE OFFER YOU ACCESS TO THE FRESH KHATA SERVICES:

This is a legal and binding agreement between you, the User ("User" or "You") of the Services, as defined below and Bantam India Limited (A Public Limited Company incorporated under the provisions of Indian Companies Act, 2013) trading as www.Freshkhata.com (“Website) including associated software, mobile sites and mobile applications (“Apps”) and/or the Services provided by the Platform on Fresh Khata’s mobile applications (hereinafter collectively described as the “Fresh Khata Services”).
Fresh Khata stating the terms that govern your use of the Fresh Khata Services and Platform, as defined below.
By downloading/accessing or using the applications, these terms will automatically apply to you and to be legally bound by these Terms and all policies and guidelines. You should make sure therefore that you read them carefully before using the application. If you do not agree to be bound by these Terms in their entirety, you may not use the Services. We are offering you this app to use for your own personal use, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the application, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Fresh Khata.
By accepting these terms of use in any manner or accessing Fresh Khata services, you consent, agree and undertake to abide, be bound by and adhere to the terms of use and the privacy policy and any other terms which govern the application (together referred to as "terms of use" or "terms" or "terms and conditions") and if you do not agree to these terms of use, you are not entitled to avail of / use the services and any use thereafter shall be unauthorized.

Use of the Services is subject to compliance with these Terms of Use.

Unless otherwise specified, the Fresh Khata Services is available for individuals who have attained the age of majority; in other words this services for the users, who are aged 18 years or older. If you are under the age of majority or minor, you may only access Services in accordance with applicable law of land to access such a service. However, any registration made to access Fresh Khata Services may be done for a minor, but the same can only be done through his/her guardian/natural guardian(s), who have attained the age of majority and who is/are duly authorized in law to act on and behalf of such a minor(s), as it shall be deemed that the same is being done under proper supervision. Even in such cases, both the guardian(s) and the minor must comply with these terms of use and any breach of these terms as an instance of breach shall be deemed to be an act of breach by the said guardian(s).
Fresh Khata may advise you or intimate you with regard to change in terms of use in case of minors and the same should be duly complied with by you and the concerned minor. The guardian(s) further agrees that the use of Fresh Khata services does not amount to any child labour or abuse as per the prevalent laws as applicable in land, where both of you reside and avail the services. Fresh Khata completely discourage and condemn such acts and shall not be held liable in any ways.
Your access to and use of the Fresh Khata Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations and shall be your assertion to prove that you are a major. Your use of services mandates that you comply with the same.

Communications:

When you use/avail the Fresh Khata Services or send any data, information or communication, you agree and understand that you are communicating with Fresh Khata through electronic media/ records and you consent to receive communications via electronic records from the Fresh Khata’s platform periodically and as and when required. Fresh Khata will communicate with you by, e-mail, any push or other message or electronic records on the e-mail address and mobile number available with it, which will be deemed adequate service of notice / electronic record.
You acknowledge that you have specifically consented to Fresh Khata or our respective affiliates and partners contacting you using the contact information you have provided us at any time during your association with us for any purpose including the following purposes:

  • To obtain feedback regarding the Services;
  • To contact you for offering new products or services, whether offered by us, or our respective advertisers, clients, affiliates or partners.

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by you, including via emails, text messages or phone calls. In the event you have indicated any 'do not disturb' preferences to your telecom service provider, and registered yourself on the national customer preference register / 'do not disturb' or similar list, it is requested that you ensure that your registered preferences allow for communications to be sent to you. The Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used by you except as provided in these Terms and Conditions, without the written permission of Fresh Khata.

Subscription Services and Fee:

Every User of Fresh Khata Services is a registered user after downloading the app. To become a Subscription User, you may be required to provide certain personal information to Fresh Khata and may be required to make payments if required to be so, which shall be change from time to time and shall subject to GST. On successful registration to the Subscription, you will be provided with the user ID and password, which user ID shall be your mobile number to use the mobile app. Fresh Khata may offer or add different kinds of subscription plans in future, each of these subscription plans/fee will be subject to different limitations and restrictions of these subscription plans may vary and shall be subject to change at the sole discretion of Fresh Khata. Fresh Khata shall have complete and sole discretion to make certain services that is a part of the subscription available to you on more than one end user compatible system concurrently.

Access & Use of the Services:

Fresh Khata grants you a non-exclusive limited, revocable, limited permission to use the Fresh Khata Services for personal purposes during the subsistence of your account with Fresh Khata within the Territory of India or other jurisdiction wherever applicable or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.

By agreeing to use the Services, your obligations as under:

  • i. You must refrain from using the website/ application in any way that causes damage to the application, software or in any unlawful, harmful or fraudulent manner. Any such use of this application may give rise to a claim for damages and/or be a criminal offence.
  • ii. You confirm and warrant that all the data and information supplied by you when you register and provided by you to Fresh Khata and its affiliates, is true, current, complete and accurate in all respects that and you agree to update your information as necessary to maintain its truth and accuracy.
  • iii. You agree that your personal information shall be collected by Fresh Khata and the same may be used as per the Private Policy of Fresh Khata and that you by choosing to use Fresh Khata Services, you give express and voluntary consent for the same. You further agree that no claim whatsoever will be made by you in this regard as against Fresh Khata and its affiliates.
  • iv. You agree that the account/profile created by you at Fresh Khata is for your own personal purpose and pertains to you, as Fresh Khata prohibits creation of any account at its platform for anyone else other than yourself. You acknowledge and agree that your data and any other personal data collected by Fresh Khata is subject to Fresh Khata’s Privacy Policy.
  • v. You acknowledge, consent and agree that the Fresh Khata may access, preserve, transfer and disclose your account information and/or User Material subject to the Privacy Policy, if required to be done by law to co-operate with mandated government and law enforcement agencies.
  • vi. You agree that Fresh Khata has the right to temporarily suspend access to the whole or any part of its Services for any technical/operational reason and shall be under no liability to you in such an event. Fresh Khata may, but shall not be obliged to, give you as much notice of any interruption of access to the Services as is reasonably practicable. Fresh Khata will restore access to the Services as soon as reasonably practicable after temporary suspension.
  • vii. You agree that Fresh Khata shall be under no liability whatsoever to you in the event of non-availability of Fresh Khata Services or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite or technical failure or any other cause whatsoever beyond the control of Fresh Khata.
  • viii. You acknowledge and agree not to either directly or through the use of any device, software, internet-site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management (DRM) mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable laws.
  • ix. You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any information, data, content or create any work or material that is derived from or based on the said content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
  • x. You agree that You will not misuse the data, information and content and/or other user material You access and view as part of the Services, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Fresh Khata's/ or its licensor's copyright, trademark design, patent, and other intellectual property including any rights of Fresh Khata or its licensors subsisting in the data, information and content. You further agree that You will not copy/record/edit/modify any of the data, information and content you access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
  • xi. You agree that you shall be responsible for any activity that occurs through your account and in no manner whatsoever Fresh Khata shall be liable for it.
  • xii. You agree you will not sell, transfer, license or assign your account, username, or any account rights to any other person or company etc.
  • xiii. You agree that Fresh Khata and/or its affiliates or licensors owns and/or retains all rights to the Services under the app and the Content throughout the territory in perpetuity. You further agree that the data/information you access and view as part of the Services is owned or controlled by the Fresh Khata, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws of Fresh Khata and you cannot claim any proprietary over the same.
  • xiv. You are responsible for the security and proper use of your user ID and password that you enter while registering on Fresh Khata application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
  • xv. You agree that the data, information and content provided on the Site and/or in mobile app is strictly for your private viewing only and not for public exhibition, irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further distribution, broadcasting or making available the data, information and content provided on the Fresh Khata play form to any other application, software person(s), or in any manner communicate such data, information and content to the public.

Confidentiality

You recognize that under the General Term, you may receive trade secrets and/or confidential or proprietary information and treat all information, which is disclosed and or belonging to or relating to Fresh Khata including without limitation information concerning business plans, customers, supplies, services, intellectual property and/or received by the other party as a result of entering into or performing the General Term, as Confidential Information, and shall keep the same confidential, maintain secrecy of all such information of confidential nature and shall not, at any time, divulge such or any part thereof to any third party or other entity except as may be compelled by any court or agency of competent jurisdiction, or as otherwise required by law, and shall also ensure that same is not disclosed to any person voluntarily, accidentally or by mistake.

Intellectual Property Right:

In General Terms references to the “Intellectual Property Rights” shall mean all patents, , copyright and related rights, trademarks and trade names, logo, rights to goodwill, designs, database rights, confidential information (including without limitation know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications and that all Intellectual Property Rights existing or arising in any materials, know-how, specifications, processes, software, data or information under or in connection with the General Terms database rights and all the trade marks, copyright, shall at all times belong and remain vested in Fresh Khata or its licensors and, save as expressly provided hereunder, no proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to user/s.
You aware and agrees that intellectual property of Fresh Khata and you understands that you have a non-exclusive and limited right to access in the application and any unauthorized reproduction of the same in any manner constitutes infringement and may be subject to penalties, both civil and criminal.

Termination of Service:

Fresh Khata reserves the right to immediately terminate, suspend, limit, or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if it so determines in its sole discretion, for any reason whatsoever, including even an apprehension that you have breached these Terms and Conditions, the Privacy Policy, violated any Law, Rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Fresh Khata can, at its sole discretion, exercise its right in relation to any or all of the above, and that the Fresh Khata, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and you hereby agree, acknowledge and consent to the same.
You agree that Fresh Khata shall have the right but have no obligation, to monitor user material and to restrict or remove user material that Fresh Khata may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Fresh Khata reserves the right to investigate and take appropriate legal action against anyone who, in Fresh Khata’s sole discretion violates these Terms, including but not limited to, terminating their account, terminate, suspend, limit, or use of the Servicesand/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity.
Neither Fresh Khata nor any of its Directors, employees, officers or any other affiliates make any representations or warranties or endorsements of any kind whatsoever, express or implied.

Limitation of Liability:

In no case, shall Fresh Khata, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, loss of privacy, general and special damages, and consequential and incidental loss. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of the Fresh Khata to you or any other person under or in connection with these terms and conditions, or in connection with the services, this application, another member's acts or omissions, or your use of or inability to use, the services or this mobile application is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

Indemnity:

You agree to defend, indemnify and hold harmless Fresh Khata, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You.

Force Measure:

Neither party shall be liable to the other for any failure to perform any obligation under the terms and conditions which is due to an event beyond the control of such party including but not limited to any Act of god, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an terms of use, agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions contained herein.

Governing Law and Jurisdiction:

The relationship between you and Fresh Khata shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services/ mobile application. Notwithstanding the foregoing, you agree that in case of any dispute whatsoever arising, shall be referred to sole Arbitrator to be appointed by Fresh Khata and the proceedings thereof shall be in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or reenactment thereof in force having its seat of arbitration at Mohali, Punjab (India). The decision of the arbitrator shall be final and binding upon the parties.

Severability:

If any provision of these Terms and Conditions or portion thereof, is found to be invalid, unlawful, or unenforceable to any extent, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Modification or changes of Terms and Conditions of Use:

Fresh Khata reserves the right, at any time and from time to time, without specific notice to you, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Additional Terms") will be updated at the Fresh Khata’s platform and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Additional Terms.

Disclaimer of Warranties:

You agree that use of Fresh Khata and the access to the Fresh Khata Services is at your own risk and Fresh Khata cannot be made liable for the same at any instance. The Fresh Khata Services including the platform, the data, information and content contained on or provided through the Fresh Khata Services are provided "As Is", "As Available" and "With All Faults" basis and to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Fresh Khata does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

Inclusion of Privacy Policy:

Averments and conditions mentioned in the privacy policy form part of present terms and conditions of use. Please review our privacy policy by following this link provided in the website and/ or app.

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