Date of last effective update is , [January], 2018.
For purposes of this EULA, the App definition shall also include any and all third party licensed and/or sub-licensed computer programs and components thereinto, either provided within the App or from remote servers in the cloud. The App is designed and intended to work on a mobile device under your property and/or control, connected to the Internet or other wireless communication network (hereinafter, an “Authorized Device”). The EULA also governs any and all software updates, patches and fixes, any all other electronic or on-line materials and documentation, if available.
BY DOWNLOADING, INSTALLING, USING AND/OR ACCESSING THE APP, YOU HEREBY ACKNOWLEDGE, AND AGREE THE TERMS AND CONDITIONS OF THIS EULA. If you do not agree to be bound under the terms and conditions set forth herein, please do not install (or uninstall) the App and stop any use and access thereof. The terms ‘us’, ‘ours’ or ‘we’ refer to Company and/or its parent, subsidiaries, assignees, successors, affiliates and/or brands. The terms ‘you’, ‘your’, and/or ‘yourself’ as used herein refer to you, the user of our App.
Subject to the terms and conditions of this EULA, the Company hereby grants to you a limited, non-exclusive, non-transferable (except as provided for in Section 4 herebelow), non-sublicensable, royalty-free and revocable, limited right and license to use one copy of the App for your personal, non-commercial use; on a single Authorized Device of your property or under your control.
The term of your license under this EULA shall begin on the date that you install or otherwise begin using and/or accessing the App, and shall terminate on the earlier date of either your: (i) deletion, uninstall or removal of the App from your Authorized Device; (ii) Company's termination of this EULA; or (iii) Company’s decision to make the App no longer available for use, access and/or download, at its sole and ultimate discretion; whichever comes earlier. Your license will terminate forthwith if you attempt to circumvent any technical protection measures used in connection with the App.
When using the App or using any products and services thereinto, you and other users may post comments, questions, ideas, upload photos and other kind of multimedia content. Company hereby reserves the right (but not the obligation) to remove and/or edit such content, and we shall have the right to monitor and edit or remove any activity or content within the App and our mobile ecosystem.
Henceforth, you hereby grant Company an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories throught the world, right and license to use, reproduce, distribute, create derivative works from, modify and disseminate any content you may upload, deliver, create or transfer throughout the App; through any post, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to Company. The aforementioned license shall be for our use and exploitation through the Internet. You hereby waive any and all rights to any claim against Company for any actual or alleged infringement of any intellectual property rights, rights of privacy and publicity or moral right, unless otherwise set forth to the contrary. You hereby represent and warrant that you have all rights, authorizations or otherwise hold sufficient title for all content licensed to us, which shall be treated as non-confidential and non-proprietary.
Company retains or owns any and all right, license, authorization, title and/or interest to the App and any components therefrom, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, software, components, videos, images, sounds and moral rights, whether registered or not, and any and all applications thereof. You hereby acknowledge that no title or ownership in the App is being transferred or assigned to you and that this EULA should not be construed as a sale of any rights in the App. All rights not specifically granted herein are thereby reserved by Company and/or its licensors. The App is protected by applicable laws and international treaties throughout the world. The App may include measures to: (i) control access to the App; (ii) prevent the creation of unauthorized copies; and/or (iii) otherwise prevent anyone from exceeding the limited rights and licenses granted under this EULA.
A. Customer Terms and Conditions of Service
In order to use and enjoy our products and services, you may need to register into the App, providing the following personal data, among other items: your name, password, mobile phone number, geo-location address and a valid email address; executing an email authentication thereafter. Once verification is complete, you account will be active.
Company does not directly or indirectly prepares, sells or delivers any kind of beverages, food or edible products but, rather, has a network of third party vendors and partners that operate restaurants and grocery stores. As a user, you will be able to undertake many actions through our App, including but not limited to: (i) revise lists of products and services offered through the App from any amount and category of vendors; (ii) review properties of the products offered by our vendors (e.g. name, menu, location, delivery time, rating, price); (iii) select vendor preferences based upon your geo-location coordinates; (iv) choose food options from the menu (e.g. notes to vendors, address details, ‘coke without ice’, ‘no extra spice’); (v) mark products and vendors as favorite for easier future access; (vi) select/add/edit/delete the products of your choice to your cart; (vii) confirm the delivery address of the product(s); and (viii) proceed to the payment options.
Please be advised that some vendors require a minimum order before delivery can be made, and they may also include delivery fees for certain or all of their products. Once the checkout is done, an invoice will be displayed in your account and will be sent to your registered email. Multiple orders from different vendors will be displayed in a manner that will help you differentiate your orders. As of the date first shown above, we offer the Cash On Delivery (“COD”) payment option, that is, you will complete the order, see the total amount, and then pay the vendor in cash at the moment of delivery.
In the future, we may include within the functionalities of the App, certain payment processing systems such as PayPal, which will allow you to directly pay our vendors for their products and services. Such payment processing systems are provided by third parties to this EULA, and shall be respectively governed by their terms and conditions of service. We do not currently operate, nor are we planning to, implement or create payment processing systems or credit card functionalities, and any and all transactions which you may undertook therein are not under the scope of this EULA, and we hereby disclaim any and all liability therefrom.
Through the App, you may be able to contact, browse and purchase medicines and healthcare-related products. Company is not a healthcare provider, and neither this EULA, nor the App, our websites or any part of our digital ecosystem, is intended to amount to the practice of medicine or the provision of any kind of healthcare related advice. Company is not a pharmacist nor does it directly or indirectly buys, sells, stores or delivers medicines or any kind of healthcare related products and services. Any and all transactions which you may undertook with our partners and vendors fall under the scope of their respective terms and conditions, and we hereby disclaim any and all liability therefrom.
B. General Terms and Conditions of Service
This EULA constitutes a legally binding agreement between you and Company. Henceforth, you hereby agree not to: (i) commercially exploit the App; (ii) distribute, lease, license, sell, rent, pledge, lend, convey or otherwise transfer or assign the App, and any passwords or usernames, without the express prior written consent of us; (iii) make a copy of the App or any part thereof; (iv) make a copy of the App publicly available on the Internet (or any other public or private communication network) for use or download by one or multiple users; (v) use or install the App (or permit others to do same) on a network, for on-line use, or on more than one Authorized Device; (vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the App, in whole or in part; (vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the App, or falsify or delete any authorship attributions, legal notices or other labels of the origin or source of the App; (viii) misrepresent the source of ownership of the App; (ix) transport, export or re-export (directly or indirectly) the App into any country forbidden to receive the App by any export laws or regulations, or where the App is otherwise in violation of such country’s laws and/or regulations, which may be amended from time to time; and/or (x) scrape, store, build databases or otherwise create permanent copies of content received from the App.
If you transfer or sell your Authorized Device to another person, only then you may then transfer your rights under this EULA, provided, however, that you retain no copies of the App (including archival or backup copies), accompanying documentation, or any portion or component thereof; and subject to the recipient thereto agreeing to be bound under the terms and conditions set forth herein.
Only a copy of the App subject to a valid license from Company can be used to access Company’s online services, and to download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and this EULA will terminate immediately, and henceforth Company will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
The App may require an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions. In order for certain features of the App to operate properly, you may be required to have and maintain a: (a) permanent, adequate Internet connection; (b) valid and active account with a wireless mobile data service; and/or (c) valid and active credit or debit card or payment processing platform account. If you do not have such accounts, then the App or certain features of the App may not operate, be available or cease to function properly, either in whole or in part, and therefore Company will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
As used herein or within the App, ‘Open Source’ shall mean open source software provided within the App that is licensed or sub-licensed to you under the terms and conditions of the applicable license agreements or copyright notices included within such Open Source component. This EULA does not apply to nor governs any Open Source accompanying the App and Company hereby disclaims any and all warranties, representations and liability to you or any third party related thereto.
C. Amendment, Refund and Cancellation
You hereby acknowledge and agree that Company has no obligation under this EULA to correct any defects or errors in the App, regardless of whether you inform Company of such defects or errors or Company otherwise is, or becomes aware of, such defects or errors. You hereby acknowledge and agree that the App has not been completely tested in all situations and/or in all Authorized Devices, that the App may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects, and you agree that you are executing this EULA solely for purposes of evaluating, testing, and/or using the App for your personal, non-commercial use. Any implied warranties prescribed by statute are expressly limited to the minimum warranty period applicable by law.
Company, its licensors and/or distributors, do not warrant against interference with your use of the app; that the App will meet your requirements; that operation of the App will be uninterrupted or error-free, that the App will interoperate or be compatible with any other software or authorized device, that any errors in the App will be corrected or that the App will not be discontinued without previous notice. No oral or written advice provided by Company, its licensors, agents, distributors and/or any authorized representative, shall create any implied warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, therefore some or all of the above exclusions and limitations may apply only to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall Company, its affiliates, clients, licensors, partners, vendors and/or distributors, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the App, including but not limited to, damages to property, loss of goodwill, computer or authorized device failure or malfunction, interruption of business and, to the fullest extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the App, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Company, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this Section, Company’s affiliates, agents, vendors, partners, clients, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.
Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA provides you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.
In no event, shall Company’s, affiliates’, vendors’, partners’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed: (i) the actual price paid by you for the license and/or use of the App; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results inferior.
To the fullest extent permissible under applicable law, the App is provided to you “as is” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Company, its affiliates, clients, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice.
Company makes no representation, warranty, or covenant regarding; (i) the reliability, timeliness, quality, flavor, amount, presentation, color, suitability and/or availability of any products, services, beverages, food, groceries and in general, any kind of edible product fit for human consumption; (ii) any services provided by our vendors, or any goods requested through the use of the App from our agents, retailers, vendors or partners; and/or (iii) that such services will be uninterrupted or error-free. Company does not guarantee the quality, suitability, safety or ability of its vendors, personal shoppers or retailers. You agree that the entire risk arising out of your use of the services, any services provided by personal shoppers, or any products requested by you or delivered to you, remains solely with you.
You agree that neither Company nor its affiliates, partners, vendors or licensors are responsible for the fitness or conduct of any courier or for any products or services provided by delivery man. Neither Company nor its affiliates, partners, licensors or vendors will be liable for any claim, injury or damage arising out of or in connection with the acts or omissions of any courier or delivery man.
Through the functionalities of the App, you may be able to order delivery of products from our vendors containing certain alcoholic content. Therefore, if you order and/or receive alcoholic beverages in the India, or even if you receive them mistake from our vendors, you hereby represent and warrant that you are twenty one (21) years of age – or older – if you order alcoholic products. If you order and/or receive such deliveries in other countries, you hereby represent and warrant that you are eighteen (18) years of age – or older – and henceforth of legal age and able to purchase alcoholic products in your jurisdiction.
You also represent and warrant that, upon delivery of alcohol products to you by our vendors, you and/or the recipient will provide valid government-issued identification proving legal age to our vendors. If you are unable or unwilling to show proof of legal age, our vendors will not deliver your order, and neither Company nor our vendors will hold any liability for that, including any damages and costs arising therefrom.
Customer support. Company, shall be responsible for addressing any and all customer claims by you relating to the App or use thereof, including but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable law; and (iii) any claim arising under consumer protection or similar legislation. You may send customer support inquires to the email: [contact@TheFreshMeatMarket.com].
Objectionable conducts. You hereby agree not to undertake, and to not tolerate, motivate, or facilitate the use or access of the App to: (i) encourage a conduct which would potentially give birth to a claim of defamation and/or libel against Company or any app store company (including Apple, Inc. or Google, Inc.) distributing the App, or that otherwise breaches the laws of any jurisdiction; (ii) plagiarize or infringe the intellectual property rights of any third party; and/or (iii) upload, post or otherwise disseminate any objectionable content. Under this EULA, ‘Objectionable Content’ shall include, but is not limited to: (a) sexually explicit materials; (b) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (c) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (d) content that promotes the use or sale of illegal or regulated substances, tobacco products, alcoholic products, ammunition and/or firearms; and (e) gambling, including without limitation, any online casino, sports books, bingo or poker; (iv) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the App or on any materials copied from the App; and (v) engages in an activity that is harmful to the Company, its users, advertisers, subsidiaries, affiliates, OUR DELIVERERS, or any other third party.
Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the App by you or any other user, and use its moderators and/or any monitoring technology to flag and remove any content deemed inappropriate, along with the ban of any offensive users or any other users who violate the EULA or otherwise post, disseminate or allow Objectionable Content to be delivered to the App. If you find any Objectionable Content or any objectionable activity within the App, please send us a notice to [contact@TheFreshMeatMarket.com] or via any button, forum or functionality available within the App for such purpose, indicating the content, activity and user. A screenshot will also serve as notice. Company will act upon any Objectionable Content or any objectionable activity report within twenty-four (24) hours from notice, either by removing the content and/or ejecting the user who provided the Objectionable Content.
Minors. You hereby acknowledge that you are at least thirteen (13) years of age, or older, as of the date of first access to the App. In accordance with the terms and conditions set forth in the Children’s Online Privacy Protection Act, we do not collect any kind of information from any person under the age of thirteen (13) years.
Spam. We will not tolerate, nor allow others to, use your account or any information regarding the App to send any other unsolicited bulk communication to any of our users or to any third party. Under the CAN-SPAM Act, you may not access the Site to harvest or collect any information about our users, for any purpose, and any commercial communication you receive from us will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
Personal data. Company may collect and use personal information about your usage of the App, including certain types of information from and about your Authorized Device. Company may use this information for:
No Waiver. Company’s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
Termination. This EULA will terminate automatically: (i) upon Company’s sole discretion and final decision; and/or (ii) if you fail to comply with the terms and conditions under this EULA. In such event, you must delete and permanently remove all copies of the App and all of its component parts from any Authorized Device and cease and desist from accessing the App and any components therefrom.
Equitable remedies. You hereby acknowledge and agree that if the terms of this EULA are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
Indemnity: You hereby agree to indemnify, defend and hold Company, its partners, clients, affiliates, subsidiaries, licensees, licensors, distributors, contractors, officers, directors, employees and/or agents (hereinafter “Company´s Indemnitees”, harmless from and against any liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Company’s Indemnitees, arising out of or relating to any breach of any warranties, representations and/or agreements made by you or otherwise arising out of: (i) your acts and omissions to act in using the App pursuant to the terms of this EULA; or (ii) your breach of this EULA.
Representations and warranties. You hereby represent and warrant that: (i) you agree and oblige to comply with all applicable laws, rules and regulations when using the App; and (ii) you will not use the App to infringe any intellectual property rights of any third party. If you are using this App on behalf of a business or other entity, you also represent and warrant that you have the necessary authority to bind that business or entity under these EULA and that you are agreeing to these EULA on behalf of that business or entity.
Miscellaneous. This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended from time to time only by Company’s sole decision, through a notice to you or to any other user. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in force. You may not transfer any of your rights or obligations under this EULA to any other person. This EULA supersedes all prior agreements arrangements and understandings between the parties hereto and constitutes the entire agreement between the parties relating to the subject matter hereof. Any non-legal notices or communications hereunder, including those regarding modifications to this EULA, shall be delivered by in writing to any address you may provide. For notices made by e-mail, the date of receipt will be deemed the date in which such notice is transmitted. We may assign any rights or obligations hereunder without your consent and without prior notice. Any rights not expressly granted herein are thereby reserved by Company. You agree that no agency, joint venture, partnership, employment or agency relationship exists between you and us. The parties hereto agree to leave without effect the names of each section herein, since they are only shown for convenience and ease of reference.
Governing law. Any discrepancy arising from this EULA will be construed and governed under the applicable laws of the State of Florida, India.
Forum. Any dispute, controversy or claim arising out of or relating to this EULA and/or the breach, termination or validity thereof shall be held at the venue of the competent tribunals located at the Noida, India. You irrevocably consent to the exclusive jurisdiction and venue of such courts.
If you have any questions concerning this EULA, you may contact us by sending an email to: [contact@TheFreshMeatMarket.com]