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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.