EatNext is a Marketplace based model of Ecommerce, limited its responsibilities and liabilities to the extent of providing an interactive platform on an electronic/digital platform for listing and facilitating between the Food Business Operators and the Customer.Definitions:
EatNext Shall not be responsible for: –
Customer / Customers – Person / Persons, who has / have registered with Eatnext.in and Eatnext mobile applications and are interested to avail services and / or purchase products from or though Eatnext.
Seller / Sellers – Person / Persons / Businesses / Organization / Company / Group / Advertisers, who are registered with Eatnext.in and Eatnext mobile applications for providing services or supply of material as per the directions from Eatnext.
User / Users – Person / Persons, who are connected to Eatnext.in and Eatnext mobile applications platform either customer or seller / both.
Users of Eatnext legally binding contract under the Indian Contract Act, 1872. Use of Eatnext by individuals below the age of 18, or minors, should only be done with the involvement of a parent or a guardian.
If Users make use of content covered by intellectual property rights that we have and are made available in the Platform through the likes of images, designs, videos, or sounds, provided by us, the Platform retains all rights to such content, but not to the content created or shared by the User.
Users can make use of copyrights, trademarks (or similar marks) belonging to Eatnext, only after obtaining prior written Permission from Us. Users must possess prior written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from Us.
If we determine that users have clearly, seriously or repeatedly breached our Terms or Policies, we are at a liberty to suspend or permanently disable access to their account with Eatnext. We may also suspend or disable accounts of Users who repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
The User agrees and accepts that they shall follow and be bound by the following rules of conduct while availing the services of the platform:
The User shall not publish, advertise, or endorse any content on the platform that is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “). Users engaging in such conduct shall be barred from the platform in addition to removal of such content.
Users shall not use the Platform for the perpetration or furtherance of any unlawful and fraudulent purposes, which is contradictory to and abuses any policy and rules of the Platform, as well as interrupt or hinder the use of the Platform by other Users.
Users shall not pretend that they are, or that they represent, or impersonate any person or legal entity, or attempt to mislead the platform, or engage in transactions with malafide intentions.
The User shall not use any automatic device, program, algorithm or methodology, or any manual process, to access, acquire, copy or monitor any portion of the Platform or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
The User shall not attempt to gain unauthorized access to any aspect of the Platform, or any systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered by the Platform, through hacking, or any other illegitimate means.
The User shall ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations with respect to the use of Our service for purchase, invitation of offers to purchase, and sale of products or services. Users shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Users consent to be contacted by the Platform by registering with a valid phone number. Such contact will be limited to updates regarding shipping or delivery, through phone calls or SMS notifications, and will not be used for promotional activities of the same nature.
In no event shall the Platform assume any responsibility or liability for any Content posted by the User or for any claims, damages or losses resulting from the use or appearance of the Content on the Platform.
Eatnext disclaims any guarantees of exactness as to the appearance, size, color and other attributes of the final Product as ordered by the User based on the content on the platform.
Our customers may use information on the products and services purposely made available on the Platform for downloading, provided that they do not remove any proprietary notice language in all copies of such documents, use such information only for personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.
Eatnext does not warrant that the Platform will be available, constantly or at all, or that the information as given on the platform is complete, accurate, true, or not misleading in nature. With all products featured on the Platform being governed under various State laws, in instances where the Seller is unable to deliver products due to such laws, the Seller shall engage with the Customer in accordance with the Refund Policy as given in Product description or, in its absence, the general Refund policy of the Platform.
Customers agree, understand and acknowledge that Eatnext is an online platform that enables them to purchase products listed on the Platform by Sellers at the price indicated therein at any time. They further agree and acknowledge that Eatnext is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Eatnext, between the customer and the Seller.
All commercial/ contractual terms are offered, negotiated, and agreed between the Customers and Sellers. These terms include, but are not limited to, price, shipping, delivery, warranties related to the item(s), services related to the item(s), and services related to the item(s) after sales. The Platform is not and cannot be a party to or control any and all commercial/contractual terms agreed upon by the Customers and Sellers in finalising the sale of the item(s), and is not involved in the offer or acceptance of these terms. Eatnext does not hold any rights, titles, or interest over these item(s) and will not be liable or be obligated under any contract between the Customer and the Seller.
The platform does not offer any warranty as to the specifics or general attributes like quality or value of item(s) sold, offered to be sold, proposed to be sold, or purchased through the platform.
The Platform is controlled and operated by Eatnext and products are listed by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Eatnext is solely for personal and non-commercial use. All users are refrained to copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and they must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Eatnext or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use, for which any remuneration, whether in money or otherwise is received, will be a commercial use for the purposes of this clause. It is expressly clarified that customer will retain ownership and shall solely be responsible for any content that is provided or uploaded while using any of our Service, including any text, data, information, images, photographs, music, sound, video or any other material which is uploaded, transmitted or stored while making use of our various Services. However, we reserve the right to use/reproduce any content uploaded by our customers and they agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to us to use the content for reasonable business purpose.
In no event, Eatnext shall be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from (i) the use or the inability to use the Services or Products, (ii) unauthorized access to or alteration of the user’s transmissions or data, (iii) breach of condition, representations or warranties by the manufacturer of the Products(iv) any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service.
Eatnext shall not be held responsible for non-availability of the Eatnext during periodic maintenance operations or any unplanned suspension of access to the Eatnext. The User understands and agrees that any material and/or data downloaded at Eatnext is done entirely at user’s own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Eatnext’s liability shall be limited to an amount equal to the purchased value of Products purchased. Eatnext shall not be liable for any dispute or disagreement between Users.
Eatnext at its discretion may terminate the use of the Platform or any Service by customer and may delete any content or other materials relating to their use of the Service. Eatnext will have no liability to them or any third party for doing so. However, all transactions details may be preserved by Eatnext for purposes of tax or regulatory compliance.
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Eatnext make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India may do so on their own initiative and Eatnext is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent of local laws are applicable.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Alappuzha. The place of jurisdiction shall be exclusively in Alappuzha of Kerala state.
Customers hereby acknowledge and undertake that they are accessing the services on the Platform and transacting at their own risk and volition, and are employing the use of their best and prudent judgment before entering into any transactions with Sellers through Eatnext. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between our customers and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. This Platform, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time, shall have any right, title or interest in the products sold through or displayed on Platform vested with Eatnext and Eatnext shall not have any obligations or liabilities in respect of any transactions on Platform.
Customer hereby agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Eatnext within 5 days from the alleged date of delivery of product reflecting on the Eatnext portal. Non notification by customer of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Eatnext disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Eatnext portal.
While we work to ensure that product information in Eatnext is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that described in the Product Listings. Eatnext disclaims any guarantees or exactness of the final Product as ordered by the User based on the content or product description provided by the Seller on the platform. The customers are directed to always read labels, warnings, and directions before using or consuming a product. For additional information about a product the customers are directed to contact the manufacturer.
Sellers of Eatnext acknowledge and agree to comply with all applicable laws and regulations and with Eatnext policies.
Listing of products in violation of Eatnext policies or violation of applicable laws and regulations may result in actions, such as:
Eatnext reserves the right to make judgments in its sole discretion about whether or not a listing is appropriate and whether the same is in contravention of Eatnext policy.
Eatnext encourages Users to report product listings that violate Eatnext policies or applicable laws at [email protected] with all relevant information, so that we can respond appropriately.
Item(s) that promote or glorify hatred, violence, racial, sexual or religious intolerance or promote organizations with such views are prohibited from being listed on the Platform.
Item(s) related to terrorist activities including sale of embossed/drawn/art worked products or item(s) relating to current criminals, prisoners, or any terrorist outfits, or of a similar nature are prohibited from being listed on the Platform.
Item(s) that depict children and youth of any gender or sex, in a sexually suggestive manner or a manner that encourages child sex acts, child nudity, child profanity, child drug use or profanity are prohibited from being listed on the Platform.
Listings with graphic pornographic content that include sexual acts, nudity, profanity, drug use or are sexually suggestive, are prohibited from being listed on the Platform.