Privacy Policy

Terms and Conditions

www.freshbbox.com (“the Site / Website”) is owned and operated by Fresh Box

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.freshbbox.com website.

For the purpose of these Terms of Use, wherever the context so requires "You", Your or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The users are required to register on our website to purchase without registering on the Website. The term "We", "Us", "Our" shall mean Fresh Box.

Your use of the Website and services and tools are governed by the Fresh Box lowing terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by FRESH BOX’s Policies ((including but not limited to Privacy Policy available on (link of privacy policy) as amended from time to time. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Fresh Box and these terms and conditions including the policies constitute your binding obligations, with FRESH BOX.

Eligibility

Services of the Site would be available to only select geographies in India at sole discretion of FRESH BOX. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minor, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the FRESH BOX website and shall not transact on or use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may and willing to use or transact the Site, such use or transaction may be made by your legal guardian or parents on the Site. Provided that the Parent/s and/or legal guardian using and transacting the Site on behalf the minor is/are registered user/s and shall be prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited. FRESH BOX reserves the right to terminate your membership and / or refuse to provide you with access to the Site if it is brought to FRESH BOX's notice or if it is discovered that you are under the age of 18 years

Welcome to our website. Our website can be accessed at www.freshbbox.com (the ’Website" or “Site”) and such term includes reference to other websites that Fresh Box operates. The Website is operated by Fresh Box (“Fresh Box"). Please read the Fresh Box’s following terms and conditions (“Terms and Conditions”) carefully before using the Website.

A) By accessing and using this Website you’re availing of the Product, you here by agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please discontinue use of the Website.

B) Fresh Box reserves the right to change, modify, suspend of discontinue the whole or any portion of the Product on Website at any time. Fresh Box may also impose limits of certain features or restrict your access to part of or the entire Product, on Website without notice or liability. Further, Fresh Box may introduce new products and services and modify its existing products and services that are made available to Users through the Website and/or any other medium.

C) Fresh Box may from time to time vary or amend these Terms and Conditions and will notify you of the same. Any use of the Product after the amendment of these Terms and Conditions will be deemed to be acceptance of the amended Terms and Conditions by you. If you do not agree to the amended Terms and Conditions, you have the right to close your Account (as defined below) and/or cease using the Product.

D) Any rights not expressly granted herein are reserved.

Definitions

In these Terms and Conditions, the following definitions shall apply unless the context does not permit such application:

"Account" means a registered User Account opened under this Website.

"Computer" means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Website.

"Fresh Box Data" means all content of Fresh Box that is made available on or via this Website.

"License" means the formal authority granted by the User to Fresh Box for purpose specified in Clause 8.1.

"Personal Data" means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access and includes the definition provided for in the Privacy Policy.

"Product" is defined in Clause 2.1.

"Servers" means computer software, systems and servers hosting, operating, managing providing or contributing to the Website.

’Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.

"User" means a registered user of the Product.

"User Data" means all data provided by the User to Fresh Box pursuant to the use of the Product.

"User Content" means all content on this Website which is transmitted, posted or uploaded by a User of the Website.

’Website" means www.freshbbox.com

The words “include" and " including" shall not be construed as having any limiting effect.

The headings in these Terms and Conditions do not have any legal effect nor shall they affect the construction of these Terms and Conditions in any way.

Website and Product

2.1 Fresh Box offers a digital platform (“Platform”) that provides, through its platform, services that assist its Users to place orders and purchase fruits, vegetables, Juice, Salad & Organic Grocery.

2.2 Users shall be able to access the Platform and the Product through Fresh Box's Website. In order to avail the Product, Users are required to create an Account on the Website.

2.3 You agree to provide Fresh Box with the requested information at the time of the creation of the Account on the Platform.

2.4 Upon creation of an Account, Users shall be able to use the Website to purchase of fruits, vegetables, Juice, Salad & Organic Grocery. Alternatively, Users shall also be able to place orders for specific fruits, vegetables, Juice, Salad & Organic Grocery on the Website and such orders shall be delivered by Fresh Box to the Users' designated address (es).

2.5 You agree to use the Website to:

(a) Purchase fruits, vegetables, Juice, Salad & Organic Grocery available and as displayed on the Website and in Fresh Box's stores;

(b) Avail discounts and other offers that Fresh Box may make available from time to time; and

(d) Please note that Fresh Box does not send spam e-mail in relation to its services.

2.6 The availability of the Product shall be at the sole discretion of Fresh Box.

Authorized User

3.1 You are an authorized user of the Product and the services provided in relation there to. You have been given access to the Product pursuant to the creation of a User Account.

3.2 You agree that your Account is for your sole, personal use and you agree not to:

(a) Share with or permit others to use your Account or password; or

(b) Assign or otherwise transfer your Account to any other person or entity.

3.3 You shall promptly notify Fresh Box of any known or suspected unauthorized use(s)of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and/or password. You shall be solely responsible for safe guarding and maintaining the confidentiality of your username and/or password.

3.4 Fresh Box shall have no responsibility or liability what so ever for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your username and/or password.

3.5 You agree that Fresh Box reserves the right to change or re-assign user names and/or passwords at its sole discretion by giving you notice. Fresh Box shall not be liable in any way what so ever for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

3.6 These Terms and Conditions remain effective until the User terminates his Account, or the User's access to the Product and the services provided in relation there to has been terminated by us.

Conduct Use Conditions.

4.1 All authorized users must comply with these Terms and Conditions and the Privacy Policy. If you see or are aware of any inappropriate behavior or content, please report the same to Fresh Box.

4.2 You agree to monitor and control all activity conducted through your Account in connection with the use of the Product.

4.3 You agree not to re produce, display or otherwise provide access to the Product, Fresh Box Data or Third Party User Data on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Fresh Box.

4.4 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Website.

4.5 You undertake to comply with these Terms and Conditions and such other notices or guidelines that may be posted on the Website by Fresh Box or provided to you via e-mail or other intimation when you log-into your Account (which are here by incorporated by reference in to these Terms and Conditions).

4.6 You undertake not to use any service(s) in relation to the Product and/or the Product for any unlawful purpose and to comply with all applicable laws and regulations, including without limitation, copyright law.

4.7 You undertake not to hack in to, interfere with, disrupt, disable, over-burden or otherwise impar the proper working of the Website, the Mobile Application and/or the services connected there to, which shall include but not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

4.8 You undertake not to sub license, resell, time-share or similarly exploit the Product and/or the services provided in relation there to.

4.9 You undertake not to use the Account of another User at any time, whether with or without his/her permission.

Rules for Online Conduct

5.1 You agree not to submit any Data that:

(a) Contains vulgar, profane, abusive, hateful, sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of personal, sexual, racial or religious nature, or expressions of bigotry, racism, discriminate on or hate;

(b) Is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates privacy rights or rights of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any person, business or entity;

(c) Unfairly interferes with any third party's uninterrupted use and enjoyment of the Product and the services in relation to the same;

(d) Is intended to primarily to promote a cause or movement, whether political, religious or other;

(e) constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;

(f) discloses any personal identifying information relating to a minor without the consent of a parent, guardian or educational supervisor;

(g) contains viruses or other harmful, disruptive or destructive files;

(h) links to any commercial website; and

(i) Is not otherwise in compliance with these Terms and Conditions.

Fees and Payments

6.1 Fresh Box does not charge Users to create an Account on the Website. However, Fresh Box reserves the right to change such policy from time to time and such change shall be notified to Users through these Terms and Conditions.

6.2 Unless otherwise stated, all fees on the Website shall be quoted in Indian Rupees. Users shall be solely responsible to complying with these Terms and Conditions, including making payment for use of the Product.

6.3 Fresh Box provides Users with the following methods to make payment upon use of the Product: (a) cash on delivery; and (b) offline and online payment gateways through the use of the Users' debit or credit cards or through UPI.

6.4 Fresh Box shall not responsible for any loss or damage arising directly or indirectly to you arising out of or due to: (a) exceeding of any payment limits as agreed between you and your bank; (b) any payment issues pursuant to a transaction to purchase the Product; or (c)declining of a transaction to purchase the Product.

6.5 While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

(a) Lack of authorization for any transaction/s, or

(b) Exceeding the preset limit mutually agreed by you and between "Bank/s", or

(d) Decline of transaction for any other reason/s

6.6 All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Delivery

7.1 All deliveries made as per your orders placed shall be subject to delivery charges as decided by FRESH BOX from time to time plus government taxes as applicable. FRESH BOX reserves the right to change its Fee Policy from time to time. Any changes in the delivery charges shall be posted on our website. Delivery will be made to the address specified by you on the order form. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If you are not at home or unavailable when we reach, we will schedule a re-delivery for you at an additional cost.

7.2 We will deliver your order to the main entrance of the delivery address. We always reserve the right to deliver only to the main entrance of the delivery address. We shall not be liable directly or indirectly for any special request by you to our delivery associate to deliver the order to any other place than the main entrance of the delivery address.

User License Grant to Fresh Box

8.1 You grant Fresh Box, its affiliates and related entities a royalty-free and non-exclusive right and license to use, copy, display, archive, store, publish, transmit, distribute, reproduce and create derivative works from all the Data you provide to Fresh Box in any form, media, software or technology of any kind now existing or developed in the future ("License”} Without limiting the generality of the previous sentence, you authorize Fresh Box to use and process your Data in connection with the use of the Product by you. You grant all rights described in this clause in consideration of your use of the Product and the services provided in relation there to without the need for additional compensation of any sort to you. This License will continue perpetually unless your use of the Product terminates, or your access to the Product and the services provided in relation there to has been terminated by us.

Cancellation, Termination and Suspension of User Account and/or the Product

9.1 Fresh Box shall be entitled at any time, at its sole and absolute discretion and, without prior notice in the case of a material breach of these Terms and Conditions by you as determined by Fresh Box, to add to, vary, terminate, withdraw or suspend the operation of the whole or part or feature of the Website and/or the services provided in relation there to, your Account and/or your access to all or any part of the Website or the services provided in relation there to, for reasons including but not limited to:

(a) Breaches and/or violations of the Terms and Conditions and/or relevant agreements;

(b) To comply with the law or with legal process (such as pursuant to court order, sub poena, or a request by law enforcement officials);

(d) Extended periods of inactivity by a User;

(e) Engagement in fraudulent or illegal activities; and

(f) Non-payment of fees and/or charges in relation to the use of the Product and the services provided in relation to the same by you.

9.2 You agree that access to or operation of the Website and/or the services provided in relation to the Product may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors.

9.3 Fresh Box shall not be liable in anyway what so ever for any loss, liability or damage that may be incurred as a result of the above.

Intellectual Property

10.1 All Fresh Box Data is copyrighted work of Fresh Box or its content or software providers, and Fresh Box reserves and retains all rights in Fresh Box Data.

10.2 The copyright, patents, trademarks, registered designs and intellectual property rights in the Product and the services related there to, the Website, all Fresh Box Data, including without limitation in the compilation of all User Data, shall vest in and remain with Fresh Box.

10.3 The trade marks, logos and service marks (collectively, the “Intellectual Property”) displayed on the Website are the property of Fresh Box or other third parties and all rights to the Intellectual Property are expressly reserved by Fresh Box or relevant third parties. You are not permitted to use any Intellectual Property without the prior written consent of Fresh Box or such third party. Fresh Box aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Fresh Box or any other Intellectual Property may not be used in any way, including in any advertising or publicity, or as a hyperlink without the prior written permission of Fresh Box.

10.4 The domain name on which the Website is hosted is the sole property of the Website and you may not use or otherwise adopt a similar name for your own use.

10.5 Any comment, feedback, idea or suggestion (collectively, the “User Comments”) which you provide to us through this Website becomes our property. If, in future, we use the User Comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

10.6 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Indemnity

11.1 You agree to indemnify and hold Fresh Box and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, costs(including without limitation, legal costs on a full indemnity basis), awards ,losses and/or expenses, due to or arising out of:

(a) Any use of the Website, Mobile Application, Product or services provided in relation there to;

(b) Your connection to the Website;

(d) Your breach of any statutory requirement, duty or law.

Disclaimers and Limitations

12.1 While we make every effort to ensure that all Fresh Box Data Is accurate and complete, we provide the Fresh Box Data for purposes in relation to the Product and the services provided in relation thereto and on an 'as is’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Fresh Box disclaims all warranties, express or implied, including but not limited to, implied warranties of satisfactory quality, merchant ability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Fresh Box does not warrant that the functions contained in or access to the Website, the Mobile Application, the Product and the services provided in relation there to, Fresh Box Data, or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Fresh Box Data in or with any Computer will not affect the functionality or performance of the Computer. Fresh Box does not warrant or make any representations what so ever regarding the use or result soft he use of Fresh Box Data, the Product and any services provided in relation thereto, the Website Servers in terms of their correctness, accuracy, completeness, reliability or otherwise. You (and not Fresh Box) assume then tire cost of all necessary servicing, repair or correction, including any defect, problem, or damage in any Computer. You agree not to hold Fresh Box responsible for any loss of any User Data that is due to any circumstances beyond the control of Fresh Box.

12.2 You agree that all statements, offers, information, opinions, materials, User Data and third party products, from other Users and other third parties on the Website should be used, accepted and relied up on only with care and discretion and at your own risk, and Fresh Box shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

12.3 You also acknowledge and agree that use of the Product may enable other Users to upload User Data to the Website and that some of these may be offensive, annoying, and unlawful, in breach of these Terms and Conditions contain viruses or cause you damage. While we may remove any such Data brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any Data, and you agree to exercise access and use Data only your own risk and with care and discretion.

12.4 Under no circumstances, including, but not limited to, negligence, shall Fresh Box be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use the Product and services provided in relation there to and the Website, even if Fresh Box or an authorized Fresh Box representative has been advised of, or should have foreseen, the possibility of such damages.

12.5 To the maximum extent permitted by applicable law, Fresh Box disclaims all liability for any direct, incidental or consequential damage or loss suffered by youth at may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any in ability to retrieve any Personal Data, however caused, or any inaccuracy in the Personal Data presented, used or transmitted.

12.6 You agree that the above exclusions and limitations of liability enable the Product and the services provided in relation thereto, to be provided by Fresh Box to you at a reasonable cost to you.

12.7 Fresh Box reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the whole or any part of the Website with or without notice and shall not be liable to you or to any third party for any such modification or discontinuance.

Refund Policy and Grievances

(A) Fruits and Vegetables

13.1 We thank you for availing the Product. If, upon delivery, Fresh Box's fruits and vegetables have arrived damaged, rotten or contaminated, in anyway, please contact us right away at the Contact Number provided below or kindly submit a request for a refund and pick-up of the unsatisfactory fruits and vegetables. We will be happy to provide you with a refund in relation to any items that are not to your satisfaction. In the case of fruits and vegetables purchased in Fresh Box's stores and/or from the Website , we are able to collect the fruits and vegetables and provide you with a refund only if they are overripe or under ripe and if you contact Fresh Box within Four (4) hours from the time of purchase.

13.2 The pick-up of any unsatisfactory fruits and vegetables delivered by Fresh Box and a refund shall only be undertaken by Fresh Box if you contact Fresh Box within four (4) hours of the time of delivery of the purchased fruits and vegetables. Further, please note that, at the time of pick-up, all items that are part of the order in relation to which we have been contacted will be picked-up and Fresh Box shall not undertake a pick-up or provide you with a refund if some items in the particular order have been consumed by you.

(B) Juice & Salad

13.3 We have a "No Questions Asked Return and Refund Policy" which entitles all our members to return Salad & Juice at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will be happy to provide you with a refund in relation to any items that are not to your satisfaction. In the case of Salad & Juice purchased in Fresh Box's stores and/or from the Website, we are able to collect the Salad & Juice and provide you with a refund only if you didn’t consume any items.

13.4 The pick-up of any unsatisfactory Salad and Juice delivered by Fresh Box and a refund shall only be undertaken by Fresh Box if you contact Fresh Box within four (1) hours of the time of delivery of the purchased Salad and Juice.

(C) Grocery

13.5 We have a "No Questions Asked Return and Refund Policy" which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back within a period of 2 days of delivery and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. It takes between 5-7 days for the credits to reflect in your account. For cash on delivery orders, the Delivery Associate will deduct the price of the products returned by you from the total bill. You will be required to only pay the balance for the products you have accepted. In the case of Grocery purchased in Fresh Box's stores and/or from the Website, we are able to collect the Grocery and provide you with a refund only if you didn’t unpack product.

13.6 Post-delivery, a lot depends on when and how you store and consume the products. Therefore, we are unable to accept any returns after delivery. Therefore, it is important that you check and inspect all products at the time of delivery.

Fresh Box does not hold any responsibility and liability with respect to the usage of the products delivered

13.7 Any and all refunds made by Fresh Box shall done by way of a credit to the Users' wallet on the Platform and shall not be made by way of cash.

13.8 Please note that Fresh Box does not, as a policy, encourage the payment of tips to Fresh Box employees. Should you have any grievances in relation to the behavior of Fresh Box's employees or have been requested to pay any tips by any Fresh Box employee, please contact Fresh Box within Thirty (30) minutes of the occurrence of the incident.

You Agree and Confirm

14.1 That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Fresh Box for redelivery shall be claimed from you.

14.2. That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

14.3. You will provide authentic and true information in all instances where such information is requested of you. Fresh Box reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

14.4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.

14.5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

14.6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

PRODUCT IMAGES AND DESCRIPTION

15.1 Product images that you see on our website are for representation only to enable you to get fair idea about the products you want to order. The actual product could vary in terms of appearance, packaging etc. The product images and description provided on the website are on “as is” basis and without warranties of any kind expressed or implied. All information is believed to be accurate but is not guaranteed and subject to change. The product images, description and categories are solely provided for the purpose of your information and convenience without any expressed or implied warranties and liability of Fresh Box. The image quality and colors of the product on the website shall depend on your monitor; we cannot guarantee that your monitor's display of any colors will be accurate. The product contains, caution notes are copied from the product pack and are accurate to best of our knowledge.

Data Use and Privacy

16.1 Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

Jurisdictional Issues

17.1 The Website and Product is owned and operated by Fresh Box. Fresh Box makes no representation that the Website and the Product are appropriate for use in your location.

Severability

18.1 If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under any law that is applicable here to or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted.

Relationship of Parties

19.1 Nothing in these Terms and Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Fresh Box and you and neither party shall have any authority to bind the other in any way.

Waiver

20.1 No waiver of any rights or remedies by Fresh Box shall be effective unless made in writing and signed by an authorized representative of Fresh Box.

21.2 A failure by Fresh Box to exercise or enforce any rights conferred up on it by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Force Majeure

22.1 No party shall be liable for any failure to perform its obligations under these Terms and Conditions if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

23.2 For purposes of this Agreement, a “Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terms and Conditions. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

Governing Law and jurisdiction

24.1 These Terms and Conditions and all matters relating to your access to, or use or, this Website, Product and services provided in relation there to shall be governed by and construed in accordance with laws of the Republic of India without giving effect to any principles of conflicts of law.

24.2 All disputes, controversies, or differences arising out of or in connection with these Terms and Conditions shall first attempt to be resolved by mutual discussion between the User and Fresh Box. Fresh Box and you agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached.

24.3 This User Agreement shall be construed in accordance with the applicable laws of India. In the event that you and Fresh Box are unable to resolve any dispute, controversies or differences after attempting mediation, the dispute, controversy or difference shall be referred to the Courts at Ujjain (M. P.) shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Fresh Box and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Ujjain (M.P.).

Entire Agreement

25.1 These Terms and Conditions and the Privacy Policy constitute the final, complete, and exclusive statement of the agreement of you and Fresh Box with respect to the subject matter here of, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between you and Fresh Box.

Enforceability

26.1 If any portion of these Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions shall continue to be enforceable and valid according to terms contained herein.

Excluded Services

27.1 The services provided by the www.freshbbox.com do not include the provision of computer or other necessary equipment to access the website. To use the www.freshbbox.com you will require Internet connectivity and appropriate telecommunication links. Fresh Box shall not be liable for any telephone or other costs that you may incur.

Cancellation by Site / Customer

28.1 You as a customer can cancel your order before order shipped by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Grievance officer

29.1 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

The Grievance Officer

Fresh Box

Address: C-46, Jyotibaa Fule Complex, Below Rajwadi Junction, Birla Hospital Square, Mahakal Vanijya Kendra, Nanakheda, Ujjain (M.P.) 456010

Phone: +91 834 938 9448

E-mail: frehbox.today@gmail.com