Privacy Policy, Terms and conditions, cancellation/ refund policy

Overview of the key policies:

 

Privacy Policy

 

FresMo collects and processes personal information to provide and enhance its services. This includes data such as your name, contact details, location, and payment information. They may share this information with partners like advertisers, data analytics firms, and partner restaurants. Users have the right to request data deletion by contacting FresMo’s support team. However, this may affect the availability of certain services.

 

Terms and Conditions

 

Upon placing an order, FresMo confirms its acceptance via email or SMS. In certain situations, such as technical issues or typographical errors leading to incorrect pricing, FresMo reserves the right to cancel orders. Additionally, if an order is canceled after confirmation, FresMo may charge a cancellation fee ranging from INR 50 up to the full order value. This fee compensates restaurant and delivery partners for their efforts.

 

Cancellation and Refund Policy

 

As a general rule, once an order is confirmed, it cannot be canceled by the user. If you attempt to cancel after confirmation, FresMo may charge a cancellation fee as mentioned above. However, if an item in your order is unavailable, FresMo will inform you, allowing you to cancel the entire order without incurring a fee. Refunds are processed in specific situations, such as:

 

•               If the order packaging is tampered with or damaged at the time of delivery.

•               If FresMo cancels your order due to delivery location constraints.

•               If you cancel the order at the time of confirmation due to unavailability of the ordered items.

 

Refunds are credited to your account within 7 business days, depending on your payment method.

 

 

 

 

Detailed Documents

Cancellation & Refund Policy

 

Any Capitalised terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.fresmo.in (the "Website") and our ‘FresMo’ application for mobile and handheld devices (the "App". The Website and the App are jointly referred to as the "Platform".

 

Customer Cancellation

As a general rule Buyer shall not be entitled to cancel Order once placed. If Buyer cancels his/ her Order after placing it, FresMo shall have a right to charge 100% of the Order amount for breach of contract terms as a

compensation for the damages suffered by FresMo, with a right to either not to refund the Order value in case Buyer's Order is prepaid or recover from the Buyer's subsequent Order in case his/her Order is postpaid, to compensate the Merchants and Pickup and Delivery Partners (PDPs).

 

Non-Customer Cancellation

FresMo reserves the right to collect a penalty for the Orders constrained to be cancelled by FresMo for reasons not attributable to FresMo, including but not limited to:

 

In the event if the address provided by Buyer is either wrong or falls outside the delivery zone.

 

Failure to contact Buyer by phone or email at the time of delivering the Order booking.

 

Failure to deliver Buyer Order due to lack of information, direction or authorisation from Buyer at the time of delivery, or unavailability of all items ordered by the Buyer at the time of booking the order. However, in the unlikely event of an item in an Order being unavailable, FresMo will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value.

 

In case of cancellations for the reasons attributable to FresMo or the Merchant or Delivery Partner, FresMo shall not collect any penalty from the Buyer.

 

 

Refunds

 

Buyer may be entitled to a refund for prepaid Orders. FresMo retains the right to retain the penalty payable by the Buyer from the amount refundable to him/ her. The Buyer shall also be entitled to a refund of proportionate value in the

event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;

 

Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or FresMo, however such refunds will be assessed on a case to case basis by FresMo.

 

In case of payment at the time of delivery, buyer will not be required to pay for:

 

Orders where packaging is either tampered or damaged at the time of delivery.

Wrong order being delivered, or items missing from buyer’s order at the time of delivery.

 

Provided the same communicated to FresMo customer care through the platform before the order is being marked delivered.

 

Our decision on refunds shall be final and binding.

 

 

Important note

In case of the complaint of any spurious product, the liability shall solely lie with the Merchant selling the product. FresMo is merely facilitating the transactions between the Merchant and the Buyer and therefore, FresMo shall assume no liability with respect to the products sold by the Merchant. FresMo strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions.

 

 

Privacy Policy

 

This Privacy Policy (“Policy”) describes the policies and procedures on the collection, use, disclosure and protection of your information when you use our website located at fresmo.in, or the FresMo mobile application (collectively, “FresMo Platform”) made available by Fresmo Technologies Private Limited (“FresMo”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at Puthiyakavil, Meleputhiyakavu road, Kilimanoor, Trivandrum, Kerala- GU5G01

The terms “you” and “your” refer to the user of the FresMo Platform. The term “Services” refers to any services offered by FresMo whether on the FresMo Platform or otherwise.

Please read this Policy before using the FresMo Platform or submitting any personal information to FresMo. This Policy is a part of and incorporated within, and is to be read along with, the Terms of Use.

YOUR CONSENT

By using the FresMo Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the FresMo Platform.

 

FresMo ensures compliance with all applicable data protection and privacy laws, including the Information Technology Act, 2000 and its associated rules in India. For users outside India, we adhere to international privacy standards, such as the General Data Protection Regulation (GDPR), where applicable, to safeguard your rights.

 

POLICY CHANGES

We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the FresMo Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

 

LINKS TO OTHER WEBSITES

The FresMo Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. FresMo shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the FresMo Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.

 

INFORMATION WE COLLECT FROM YOU

Device Information: In order to improve your app experience and lend stability to our services to you, we may collect information or employ third party plugins that collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, mobile network information, installed applications on device and phone state. The information collected thus will be disclosed to or collected directly by these plugins and may be used to improve the content and/or functionality of the services offered to you. Analytics companies may use mobile device IDs to track your usage of the FresMo Platform;

 

Location information: Our applications collect real-time information about the location of your device, as permitted by you.

Precise Location Information and How to Opt Out

When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may collect and process information about your mobile device's GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customise the Services with location-based information and features (for example, to assign you new orders in your area or provide applicable promotions for your zone of working). Some of these services require your personal data for the feature to work and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details.

 

Background Location capture and How to Opt Out

When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may collect and process information about your mobile device's GPS location while the app is in background (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customise the Services with location- based information and features (for example, to assign you new orders in your area or provide applicable promotions for your zone of working). Some of these services require your personal data for the feature to work and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details.

 

We retain personal information only for as long as necessary to provide you with our services and fulfil the purposes outlined in this policy, unless a longer retention period is required by law. Location data is retained temporarily to improve service delivery, and other data, such as payment or order history, may be retained to comply with legal, tax, or regulatory requirements.

 

COOKIES

Our FresMo Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

Cookies are small files that are stored on your browser or device by websites,

apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

-   Authenticating users;

-   Remembering user preferences and settings;

-   Determining the popularity of content;

-   Delivering and measuring the effectiveness of advertising campaigns;

-   Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.

 

A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the FresMo Platform and use our Services, as well as when you visit other online sites and services.

 

USES OF YOUR INFORMATION

-   We use the information we collect for following purposes, including:

1. To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your FresMo account;
2. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;
3. To administer and enhance the security of our FresMo Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
4. To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone or other internet based instant messaging systems) with information about these services;
5. To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries;
6. To generate and review reports and data about, and to conduct research on,

our user base and Service usage patterns;

7. To allow you to participate in interactive features of our Services, if any; or
8. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
9. If you are a partner chef or merchant or delivery partner, to track the progress of delivery or status of the order placed by our customers.
10. To carry out academic research with academic partners.

We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymise and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.

We analyse the log files of our FresMo Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behaviour on the site, to improve our product and services, and to gather demographic information about our user base as a whole.

 

DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION

We may share your information that we collect for following purposes: With Service Providers: We may share your information with our vendors,

consultants, marketing partners, research firms and other service providers or business partners, such as Payment processing companies, to support our business. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyse and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys or organising sweepstakes for us.

 

With Partner home chefs: While you place a request to order food through the FresMo Platform, your information is provided to us and to the home chefs with whom you may choose to order. In order to facilitate your online food order processing, we provide your information to that restaurant/merchant in a similar manner as if you had made a food order directly with the restaurant. If you provide a mobile phone number, FresMo may send you text messages regarding the order’s delivery status.

 

With Academic Partners: We may share your information with our academic partners for the purpose of carrying out academic research.

 

With Other Users: If you are a delivery partner, we may share your name, phone number and/or profile picture (if applicable), tracking details with other users to provide them the Services.

We may share your personal information, such as name, contact details, and preferences, with trusted third-party partners, including advertisers, analytics firms, and partner restaurants. This information is shared solely to enhance our services, deliver personalised experiences, and improve operational efficiency. We do not sell or misuse your data, and any third-party use is governed by contractual obligations to protect your privacy

 

For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are:

 

Obligated under the applicable laws or in good faith to respond to court orders and processes; or

Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts.

Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party.

 

Under a duty to disclose or share your personal data in order to enforce our Terms of Use and other agreements, policies or to protect the rights, property, or safety of the Company, our customers, or others, or in the event of a claim or dispute relating to your use of our Services. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction.

 

For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1U5G and Companies Act, 2013 to the extent applicable) of such person.

 

With Advertisers and advertising networks: We may work with third parties such as network advertisers to serve advertisements on the FresMo Platform and on third-party websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalise advertising content to you.

 

While you cannot opt out of advertising on the FresMo Platform, you may opt out of much interest-based advertising on third party sites and through third party ad networks (including DoubleClick Ad Exchange, Facebook Audience Network and Google AdSense). Opting out means that you will no longer receive personalised ads by third parties ad networks from which you have

opted out, which is based on your browsing information across multiple sites and online services. If you delete cookies or change devices, your opt out may no longer be effective.

To fulfil the purpose for which you provide it.

 

We may share your information other than as described in this Policy if we notify you and you consent to the sharing.

 

DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.

We use vault and tokenisation services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenisation services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the FresMo Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone.

 

Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the FresMo Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.

 

OPT-OUT

When you sign up for an account, you are opting in to receive emails from FresMo. You can log in to manage your email preferences or you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from FresMo.

 

If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy or you want your data to be deleted. Please note that we may take time to process such requests, and your request shall take effect no later than 7 (Seven) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent.

 

You can opt out of location tracking or marketing communications at any time. To disable location tracking, turn off GPS permissions for the FresMo app in your device settings. To opt out of marketing communications, use the ‘unsubscribe’ link provided in our emails or update your preferences in the

account settings section of the app. For assistance, you can contact our customer support team.

 

GRIEVANCE AND FresMo PLATFORM SECURITY

 

If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us

 

If you come across any abuse or violation of the Policy, please report.

 

Further, please note that the FresMo Platform stores your data with the cloud platform of Amazon Web Services provided by Amazon Web Services, Inc., which may store this data on their servers located outside of India. Amazon Web Services has security measures in place to protect the loss, misuse and alteration of the information, details of which are available at https:// aws.amazon.com/. The privacy policy adopted by Amazon Web Services are detailed in https://aws.amazon.com/privacy. In the event you have questions or concerns about the security measures adopted by Amazon Web Services, you can contact their data protection

 

If you have any concerns or grievances regarding the collection, processing, or handling of your personal data, you can contact our Data Protection Officer (DPO) at vsb@fresmo.in. We are committed to addressing your concerns promptly and will respond to your queries within seven (7) business days

 

Terms and Conditions

 

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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.fresmo.in website and FresMo applications for mobile and handheld devices.

 

1.   Terms of use

 

These terms of use (the "Terms of Use") and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) govern your use of our website www.fersmo.in (the "Website") and the FresMo applications. The Website and the Apps are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. These Terms of Use will apply to the services made available on the Platform, to the extent that they are accessed or used by the user. If you do not agree to these Terms of Use, you may not use the services on the Platform, and

we request you to uninstall the Apps. By installing, downloading or even merely using the Platform, you shall be contracting with FresMo and you signify your acceptance to this Terms of Use and other FresMo policies including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

 

The Platform is owned and operated by FresMo Technologies PrivateLimited, a company incorporated under the laws of India and having its registered office at uthiyakavil, Meleputhiyakavu road, Kilimanoor, Trivandrum, Kerala- GU5G01, India. For the purpose of these Terms of Use, wherever the context so requires, "you", "user", or "User" shall mean any natural or legal person who shall transact on the Platform by providing registration data during registration on the Platform as a registered user using any computer systems. The terms "FresMo", "we", "us" or "our" shall mean FresMo Limited.

 

FresMo enables transactions on its Platform between participating merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers (" Buyer/ s") can choose and place orders ("Orders/") from a variety of products and services listed and offered for sale by merchants on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform ("Tasks").

 

FresMo enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners ("PDP/s") who will be responsible for providing the pick-up and delivery services and completing the Tasks initiated by the users of the Platform i.e., Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, FresMo is merely acting as an intermediary between the Merchant and the Buyers and / or PDPs and Buyers/ Merchants.

 

PDPs are individual entrepreneurs engaged with FresMo on voluntary, non- exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors. FresMo does not exercise control on the PDPs and the relationship between the PDPs and FresMo is not that of an agent and principal or employee and employer.

For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

2.    Account Registration, Access And Eligibility

 

1. Access to the Platform

 

You may gain access the Platform by (i) registering to create an account ("FresMo Account") and become a member ("Membership"), (ii) if you already have a FresMo Account, then by logging into your FresMo Account on the App; or (iii) by registering to join by logging into your account with certain third party social networking sites (" SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Platform, as described below.

The Membership is limited for the purpose, are subject to the FresMo Policies, and strictly not transferable.

 

As part of the functionality of the Platform Services, you may link your FresMo Account with Third Party Accounts, by either:

 

1.   providing your Third Party Account login information to us through the Platform; or

 

2.   allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

 

You represent that you are entitled to disclose your Third Party Account login information to us and/ or grant us access to your Third Party Account (including, but not limited to for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS.

 

By granting us access to any Third Party Account, you understand that we will access, make available and store (if applicable) any content or information that you may have provided to and stored in your Third Party Account ("SNS Content") such that it is available on the Platform via your FresMo Account

 

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

 

Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your FresMo Account on the Platform

 

In the event that a Third Party Account or associated service is rendered unavailable or our access to such Third Party Account is terminated by such SNS, then SNS Content will no longer be available on and through the Platform.

We will create your FresMo Account for your use of the Platform Services based upon the personal information you provide to us or that we obtain via SNS, as described above. You are permitted to have only one FresMo Account and are not permitted to create multiple accounts. FresMo reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

 

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail the Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and FresMo Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and FresMo Policies, you shall immediately discontinue its use.

FresMo reserves the right to terminate your Membership and / or deny access to the Platform if it is brought to FresMo's notice that you are under the age of 18 years. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third parties).

 

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. You shall be solely responsible for any actions under your FresMo Account, whether or not authorised by you. You shall immediately notify us of any unauthorised use of your FresMo Account. We shall at times and at our sole discretion reserve the right to disable any FresMo account or user identification code or password in the event you fail to comply with any of the provisions of these Terms of Use.

 

We shall at times and at our sole discretion reserve the right to disable any FresMo account or user identification code or password in the event you fail to comply with any of the provisions of these Terms of Use.

 

As we are providing Services in the selected cities of India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities.

 

If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bye-laws, licenses, registrations, permits, authorisations, rules and guidelines.

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and FresMo policies to the attention of all such persons accessing the Platform on your computer or mobile device.

 

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs you agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

 

We reserve the right to suspend or terminate your FresMo Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; ii) if it is believed that your actions may cause legal liability for you, other users or us; and / or (ii) if you are found to be non- compliant with the Terms of Use or other FresMo policies.

 

Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

 

3.    Amendments

 

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other FresMo policies at any time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. We may choose to notify you of the same for your perusal. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other FresMo policies and note the changes made on the Platform.

 

Your continued use of the Platform and the Services after any change is posted, constitutes your acceptance of the amended Terms of Use and other FresMo policies. As long as you comply with these Terms of Use, FresMo grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and FresMo policies (including but not limited to Cancellation & Refund Policy, Privacy Policy) as may be posted on the Platform from time to time.

 

FresMo reserves the right to suspend/ cancel, or discontinue any or all

products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

 

4.    Use of Platform and Services

 

All commercial/ contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/ contractual terms include without limitation price of products and / or services, applicable taxes, shipping costs, payment terms, date, time, and mode of delivery, warranties related to products and services (if any) and after sales services related to products and services (if any). FresMo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/ contractual terms between the Buyers and Merchants.

 

FresMo may, however, offer support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed between FresMo and the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and FresMo has only a minor role to play in such determination of price to make sure it won’t exceed the standard market practices to ensure affordability.

 

Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/ her, shall constitute a separate contract for services between Merchants/ Buyers and PDPs. FresMo shall not be responsible for the services provided by PDP to Merchants/ Buyers through the Platform.

 

FresMo may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed between FresMo and the PDPS

 

FresMo does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants.

You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. FresMo takes no responsibility for such offers.

 

FresMo neither make any representation or warranty as to the specifics (such as quality, value, scalability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. FresMo accepts no liability for any errors or omissions,

whether on behalf of itself or third parties.

 

FresMo does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.

 

FresMo is not responsible for any unsatisfactory or non-performance of services or breach of any contract entered into between the Buyers and Merchants, and between the

Merchants/ Buyers and PDP on the Platform.

 

FresMo cannot and does not guarantee that the concerned Buyers, Merchants and PDPs will perform or honour any transaction concluded on the Platform.

FresMo is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

FresMo is only operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant and / or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall FresMo hold any right, title or interest over the products nor shall FresMo have any obligations or liabilities in respect of such contract entered into between the Buyer and the Merchant and/ or Buyer and the PDP.

 

FresMo is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, FresMo shall notify the same to Merchant and may also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.

 

Similar to the above, FresMo is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/ Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Merchants/Buyers with the PDP through the Platform. In case of complaints by the Merchants/ Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, FresMo may notify the same to the PDP and also assist Merchants/ Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

5.    Obligations Pertaining to Usage of Platform

 

1. By using the Platform you represent and warrant that:

 

I. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information

 

Il. Your use of the Platform shall be solely for your personal use and you shall not authorise others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

 

Ill. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorisation required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

 

4. You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact us.

 

5. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

 

6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.

 

VIl. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

 

VIlI. You will not engage in any form of antisocial, disrupting, or destructive

acts, including "flaming," "spamming”, "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

 

9. You will not discriminate against any Merchants, Buyers or PDPs based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.

 

10. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party

 

11. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

i. belongs to another person and which you do not have any right to. il. is grossly harmful, harassing, blasphemous, defamatory, obscene,

pornographic, paedophilic, slanderous, criminally inciting or invasive of

another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

 

ill. is misleading or misrepresentative in any way;

 

4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.

 

5. harasses or advocates harassment of another person.

 

6. involves the transmission of "junk mail", "chain letters" , or unsolicited mass mailing or "spamming”.

 

7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory.

8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

 

9. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files.

 

10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

 

11. provides material that exploits people in a sexual or violent other otherwise inappropriate manner or solicits personnel information from anyone.

 

12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

 

xili. contains video, photographs, or images of another person (with a minor or an adult)

 

14. tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

 

15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, FresMo's prior written consent means a communication coming from FresMo's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorisation.

 

16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal

 

17. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services.

 

18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

19. harm minors in any way.

 

20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

 

21. violates any law for the time being in force.

 

22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

 

23. impersonate another person.

 

24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

 

25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states. or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation.

 

26. is false, inaccurate or misleading.

 

27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.

Or

28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

 

12. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, 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 prohibit any such activity.

 

XIlI. You shall not attempt to gain unauthorised access to any portion or feature

of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.

 

14. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

 

15. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'FresMo', or otherwise engage in any conduct or action that might tarnish the image or reputation, of FresMo or Merchant on Platform or otherwise tarnish or dilute any FresMo's trade or service marks, trade name and/ or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or FresMo's systems or networks, or any systems or networks connected to FresMo.

 

16. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

 

17. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

18. You Shall not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of FresMo and/or others.

 

19. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances

and regulations (including, but not limited to GST, income tax, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You 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.

 

20. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information.

 

21. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform.

 

XXll. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

We reserve the right, but have no obligation, to monitor the materials posted on the Platform.FresMo shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding anything contained above,

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.

Please be advised that such content posted does not necessarily reflect FresMo views. In no event shall FresMo assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of Content and/ or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

 

You hereby acknowledge that other users (including unauthorised users or 'hackers) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. You also acknowledge that it is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform.

 

FresMo shall have all the rights to take necessary action and claim damages that may occur due to your involvement/ participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/ DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

 

2.     Terms of Service

 

I. The Buyer agrees and acknowledges that FresMo shall not be responsible for:

 

1. The services or goods provided by the Merchants including but not limited to serving of food Orders suiting your requirements and taste.
2. The Merchant's services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/ her.
3. The availability or unavailability of certain items on the menu.
4. The Merchant serving the incorrect Orders, or
5. Product liability of goods provided by the Merchants.

Il. The details of the products/ menu and price list available on the Platform with respect to restaurant services, goods or any other services are based on the information provided by the Merchants and FresMo shall not be responsible for any change or cancellation or unavailability.

 

3. Buyers and Merchants agree and acknowledge that FresMo is not responsible for any liability arising out of delivery services provided by PDP to them

 

4. Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Merchants.

FresMo will not be responsible for any delay in the delivery of an Order.

 

5. Buyer understands that there are certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. FresMo exercises no control on such delivery services and same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. FresMo shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.

 

6. Buyer's Order will be only delivered to the address designated by him/ her at the time of placing the Order on the Platform. Buyer's Order will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of FresMo.

 

VIl. The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

 

8. The Buyer understands that FresMo's (including Merchant's and PDP's) liability ends once Order has been delivered to him/ her, except where the product liability of the Merchant subsists.

 

9. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/ her own credit/ debit card. The information provided by the Buyer will not be utilised or shared with any third party unless

required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/ her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of your credit/ debit card.

 

10. FresMo does not offer any refunds against goods or services already purchased from a Merchant or PDP through the Platform unless an error that is directly attributable to FresMo has occurred during the purchase of such product or services.

 

11. Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and PDPs.

 

12. You agree and grant permission to FresMo to receive promotional SMS and e-mails from FresMo or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail.

 

C. Order Booking and Financial Terms

 

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, FresMo will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through the PDPs.

 

FresMo does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs.

 

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed. However, upon Buyer's successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer's (i) first and last name (ii) mobile number; and (ili) email address. It shall be Buyer's sole responsibility to bring any incorrect details to our attention.

 

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. You hereby agree and acknowledge that any change or confirmation of the Order shall be treated as final. It is clarified that FresMo reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of