F5 Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Welcome to the F5 website and/or mobile application (F5 / Platform). F5 is owned and operated by Kaivalya Foods and Beverages India Private Limited (Company), a company incorporated under the laws of India. F5 enables and facilitates (i) the purchase and delivery of food and food products prepared by F5 to customers through the Platform and (ii) transactions between customers and merchants for purchase and delivery of food products procured and prepared by merchant and other food products either prepared or procured through F5 by merchant. These Terms of Use governs Your access to and use of every content, functionality or services offered on or through F5.  


By your (
You or Your) accessing, browsing and/or use of F5, You accept and agree to comply with and be bound by these terms and conditions (Terms of Use) and Our privacy policy which can be accessed at http://www.f5refreshment.com/privacypolicy.html (Privacy Policy). The Terms of Use and Privacy Policy govern the Company’s relationship with You. Please read these Terms of Use carefully before proceeding. You declare Your willingness to abide and be bound by these Terms of Use through Your use of F5. If You do not agree with the Terms of Use, please do not use F5. These Terms of Use (which may be updated at the sole discretion of Company) will be effective immediately upon Your acceptance of Our terms and conditions, Your use (including continued use) of F5 being indicative of such acceptance. These Terms of Use shall be enforceable against You in the same manner as any other written agreement.

  1. DEFINITIONS

Customers shall mean all those persons who make a purchase on the Platform and those persons who have opted to subscribe to any features/subscriptions;

F5 Products shall mean beverages, food products and other consumables manufactured by the Company and made available on the Platform by itself or through Merchants from time to time;

Merchants shall mean all those vendors who have an engagement with the Company, by way of a separate agreement or otherwise, from time to time to avail the Services and use of the Platform;

Payment Partners shall mean those Persons have executed a separate legally binding agreement with the Company to provide payment services including but not limited to PayU Payments Private Limited, Pine Labs Private Limited, DPD Technologies LLP and One97 Communications Limited;

Person means and includes an individual, a sole proprietorship, an association, syndicate, a corporation, a firm, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company, a limited liability company or other entity or organization, body corporate, governmental authority, judicial authority, a natural person in his capacity as trustee, executor, administrator, or other legal representative and any other entity including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity;

Products shall mean F5 Products and Third Party Products;

Services shall mean services provided by F5 to You as may be provided from time to time including but not limited to E-Wallet Services;

Third Party Products shall mean the list of beverages, food products and other consumables other than F5 Products as may be made available by Merchants or F5 on the Platform from time to time;

User Content means text, graphics, photographs, audio, video (including live videos), documentation, presentations and/or other content including any information and data and shall include content uploaded by You or other users onto the Platform from time to time;

  1. PRODUCTS AND SERVICES


F5 acts as a platform to facilitate the purchase and/or delivery of Products to the Customers. The Customer may, at their sole discretion choose the Products they wish to purchase on the Platform. The Company may offer various schemes, offers and discounts on the Products of the Company at the sole discretion of the Company.
The Company shall make best endeavours to ensure that all the F5 Products supplied by Company shall be of a reasonable quality in line with contemporary industry standards and that all Products and Services shall be supplied at prices conveyed on the Platform. The Company may, at their sole discretion add, discontinue, alter or change the Products without prior intimation to You.

  1. CUSTOMERS

Our Services to Customers include (i) enabling connections with Merchants  who can or from whom F5 can provide F5 Products and/or Third Party Products at Your doorstep; (ii) purchase F5 Product(s) on a recurring subscription basis to be delivered to Your doorstep; (iii) enable connections with Merchants from whom You can purchase F5 Products and/or Third Party Products from their stores; (iv) use of  F5 Services to Purchase a product and get it delivered at Your doorstep (v) facilitate Your use of services provided by Our Payment Partners or by F5 to make payments to Merchants.

You acknowledge and agree that Products which are displayed by the Merchants may not always be accurate and/or updated. You agree that We are in no way responsible to provide an updated list of items. You further acknowledge and agree that We incur no liability with respect to any Services/Products procured by You through the Platform and/or regarding the Services performed by the Merchants/Delivery Partners. You further understand that the prices for the Services and for the Products are subject to change without notice. Timely delivery of Products are subject to the availability of delivery personnel in the area. We may cancel an order if We are unable to deliver it within the indicated time. However, please note that Our responsibility is deemed to be complete if the delivery partner reaches the selected location to collect/hand over the Product. In case You do not provide/collect it for whatever reason We cannot be held liable for the same.

  1. MERCHANTS


Our Services to Merchants include but not limited to (i) enable connections with Customers to whom, through Our delivery partners, you can supply F5 Products and/or Third Party Products to their doorstep, (ii) supplying F5 Product(S) or third party products on a recurring subscription basis to identified consumers; (iii) connecting with a Customer base who may Purchase directly from Your store/cloud based services; (iv)
 Business support services including but not limited to inventory management, marketing, branding and other services on  F5 Platform and technology solutions for seamless business operations and growth of Your business; (v) enabling and facilitating Your access to payment solutions through F5’s preferred third party payment aggregators and payment gateway service providers; (vi) facilitate in identification and procurement of Third Party Products and vendors supplying the same; (vii) supplying, or facilitating supply, of equipment, devices, hardware and/or software to support operations at Merchant stores; and (viii) designing and developing incentive programs, loyalty schemes, discounts and offers that Merchants may offer to Customers on the Products.

The terms set forth in Paragraph 6 shall apply to accounts set up by Merchants as well. If You are a Merchant and have duly executed a legally binding agreement/order form and/or any other instrument with Us for the use of the Platform and/or Services (or any part thereof), You acknowledge and agree to be bound by these Terms of Use as well. You agree not to access (or attempt to access) any of the Services by any means other than through the Platform, unless you have been specifically allowed to do so, by way of a separate agreement with Us.

 

You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any file present on the Services.

You further agree and acknowledge that You shall not display or attempt to sell any such Products/Services that are not permitted to be displayed and/or sold in accordance to the laws of India. In case You do so, You shall fully indemnify Us for any losses that may arise due to and/or from such actions on Your part.

You shall be fully liable to provide support to F5 and the Customers, who avail or procure Products from You. Any refund/replacement for any products shall be provided by You at Your sole cost. You acknowledge that We only provide a Platform and Services that enable Merchants to connect with Customers, We do not take responsibility of the genuineness or veracity, pricing, legality, etc. of the Products. You shall not alter, tamper with, adulterate or contaminate the Products or obstruct the Services in any way and shall be responsible for any liabilities arising in case of such alteration, tampering, obstruction, adulteration or contamination. You shall ensure that you are fully in compliance with applicable laws and have obtained and kept valid all licenses and registrations to sell the Products through F5.

However, We may, at its discretion, promote some Merchants but is under no obligation to do so for all Merchants. Further We may provide schemes, offers, coupon codes, discounts etc. on certain Services and/or Products at our sole discretion. We are not liable to provide these offers on all Products/Services.

  1. SCOPE AND DELIVERY OF SERVICES

Regardless of whether You are a Customer and/or a Merchant You acknowledge that We only act as a facilitator between You and the Customer/Merchant (as the case may be). Unless an F5 Product is directly procured from the Company on the Platform, You acknowledge that: (i) We only facilitate the transaction and are not party to it; and (ii) neither We, nor the Payment Partners market, associate with or offer for sale any Products other than that which is specifically stated otherwise.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service. You further acknowledge that certain Products may have limited quantities and may not be subject to returns/refunds. We reserve the right to limit the quantities of any Products or Services that we offer. Your order to purchase Products shall be effective immediately on the realization of payment of the price of the Product there can be no cancellation once the order is placed.  Payments for cancellations by Us shall be refunded in case the order is not confirmed for reasons not attributable to You, determined by Us at our sole discretion, and the same will be credited back. In any other case, all payments are non-refundable and shall not be returned for any reason.

We reserve the right, but are not obligated, to limit the sales of F5 Products and/or Services to any Person, geographic region and/or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Products and/or Product pricing are subject to change at any time without notice, at Our sole discretion. Any offer for any Product and/or Service made on the Platform is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other Products purchased or obtained by You will meet Your expectations and/or that any errors in the Services will be corrected.

The consideration for the Products/Services and any other charges due from You shall be as per the rates in effect at the time at which it is charged. The Products/Services may differ geographically and the plans and pricing may also vary with time and place. We reserve the right to introduce or remove Products/Services and amend pricing from time to time. When You purchase a Product/Services, You must provide Us with complete and accurate payment information thereby authorizing Us to charge You for the Product bought/ Service availed. In the event of failure to remit the payment, order for the Products shall not be confirmed or shall stand terminated. We will attempt to take the first payment straight away and Your order for Products may be confirmed by Us subject to successful processing of payment.

We, may include functionality to automatically check for updates or upgrades to the Platform. Unless your device, its settings, or computer software does not permit transmission and/or use of upgrades or updates, You agree that We, may provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to You by us under the Terms shall be considered part of the Services.

  1. USER ACCOUNTS

To access the Platform and/or any Service, You may be required to enter Your details including but not limited to such as Your name, phone number, email id and address. By accessing the Platform and/or any Services, You represent and warrant that You are eligible to do so as per Paragraph 12.

In creating an account, You represent to us that all information provided to Us in such process is true, accurate and correct, and that You will update your information as and when necessary in order to keep it accurate. If You are creating an account, then You represent to us that You are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than Yourself, provide an email address other than Your own, create multiple accounts except as otherwise authorized by Us, or provide or use false information to obtain access to the Services that You are not legally entitled to claim. You acknowledge that any false claiming of may cause Us to incur substantial economic damages and losses for which You may be held liable and accountable.

We shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform.

You are also responsible for all activities that occur in Your account. You agree to notify Us immediately of any unauthorized use of Your account in order to enable Us to take necessary corrective action. You also agree that You will not allow any third party to use the account for any purpose and that You will be liable for such unauthorized access. By creating an account, You agree to receive certain communications in connection with the Platform or Services.

  1. E-WALLET AND THIRD PARTY SERVICES

Regardless of the nature of the use of Our Platform, You acknowledge and agree that We do not provide any payment services. However, at Our sole discretion, on Our Platform, We may on board certain third party service providers who may provide You with an option to pre-pay, load, collect etc. money into an ‘E-Wallet’ and/or provide any other such financial services (E-Wallet). You understand and acknowledge that the presence of an E-Wallet on Our Platform does not constitute a part of Our Services. Further, You agree and acknowledge that You shall be bound by the terms and conditions of the service provider who provides the E-Wallet facility and We shall not be a party to any transaction consummated by You using such a service provider. Some of these Services, may require You to provide additional information which may also be of a personal nature. You shall be fully bound by the terms of use of such service provider available at such service providers’ website. Therefore, We advise You to peruse the terms and conditions of service on such service provider before using the facility. We may engage with various Payment Partners from time to time to enable these services. To aid You to access the terms and conditions of service on the service providers/Payment Partners website, We have listed the access links hereunder:

You understand that We are not liable for any losses that may arise due to and/or out of any transaction consummated by You on the Platform either due to or out of the use of an E-Wallet and therefore, by accessing the Platform, You agree to fully indemnify Us in a manner provided for under Paragraph 14. You hereby agree and undertake to not indulge, assist, abet and encourage in any manner whatsoever, in any activity involving money laundering or financing of any illegal or unlawful activities.  

Further, You shall fully indemnify Us in a manner provided for under Paragraph 14 for any losses that may arise due to or out of inaccurate information provided by You. We shall not be liable to provide You any refunds/replacements/ after purchase services of any kind Kindly note that if You suffer any kind of direct and/or indirect loss due to any transaction consummated on the Platform, You shall indemnify Us from the same.

The payments made on the Platform shall be subject to applicable taxes payable as per the applicable law including goods and services taxes payable in India, if any. All invoices are payable in Indian Rupees or any other currencies that We or the Payment Partners may bill You in based on Your selection on the Platform.

In addition to the terms contained herein, We have classified certain terms that the user shall take note of which are provided as under.

  1. Customers

Any information provided by You to avail these services, including but not limited to financial details provided by You shall be at Your own risk. We have the right to require information and details from the Customers as may be required by Payment Partners including to meet KYC requirements, Prevention of Money Laundering Act, 2002 and the guidelines/rules thereunder, etc. Though We provide an interface for You to connect with Merchants, We do not provide these services to You, nor do we independently check the veracity of the information that Merchants provide. You shall be solely liable for the accuracy and genuineness for the information You provide and agree and acknowledge to be bound by the term and conditions of such service provider. Further, We shall not be liable to provide any security for the information shared by You. Such information may be shared by third parties including but not limited to with the Payment Partners.

All transactions that are consummated on the Platform by You are only with Your consent. While we may connect You to various users, You acknowledge and agree that We merely provide a medium to consummate transactions and are not liable at any point in time for any actions and/or omissions that may cause a loss in any manner. We assume no liability whatsoever for any transaction consummated on the Platform and You acknowledge and agree to the same. Any direction made to such service providers shall be made directly by You.

  1. Merchants

For Merchants, the Payment Partners may provide a facility wherein the Merchant shall be eligible to create an account wherein payments made by the Customers for the Merchants’ Products/Services are aggregated. If You are a Merchant, You understand and acknowledge that We only provide a user interface for You to be able to connect with the Customers and avail other features on the Platform. We act in accordance with the instructions of the Payment Partners and therefore, the Merchant shall indemnify and hold Us harmless from all claims, losses and damages arising from the use of services provided by the Payment Partner.

Merchants to note that We shall be entitled to hold back and collect any amounts from the amounts held by the Payment Partner to settle dues owed by Merchants to Us and to this extent merchant authorises Us to instruct the Payment Partner to credit such funds to Us.

The Merchant agrees to provide Payment Partners with the reserve of such amounts as may be requested by the Payment Partner from time to time to secure the performance of the Merchant’s obligations for reasons, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to the Payment Partner or any other indications of performance problems related to Merchant’s use of the services provided by the Payment Partner  (Reserve). If the Merchant fails to provide the Payment Partner with Reserve within seven (7) days of receipt of notice for the same, the Payment Partner reserves the right to suspend and/or terminate the settlement amount payable to the Merchant or the Payment Partner Services without further notice . The Payment Partner may use this Reserve to set-off including but not limited to any outstanding amounts payable by the Merchant to the Payment Partner, banks and/or Customers. In case the Settlement Amount payable to the Merchant and/or the Reserve (if any) is not sufficient to cover the Merchant’s outstanding amount, then the Merchant shall pay the Payment Partner and/or the banks the remaining amount due immediately upon request. The Payment Partner shall be entitled to charge daily interest on such outstanding amount from the date of request until the date of payment in full, at the rate of 1.5% (one decimal place five percentage) per month.  Provided that the above right of the Payment Partner to appropriate the Reserve and set-off the outstanding amount in the above manner shall be in addition to and reserving fully the right of the Payment Partner to recover all such losses, costs and damages etc. from Merchant by any other means, which may be available to the Payment Partner under the law. In addition, the Merchant agrees to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of Us in connection with the outstanding amount and the collection of same from the Merchant. We have the right to require information and details from Merchants as may be required by Payment Partners including to meet KYC requirements, Prevention of Money Laundering Act, 2002 and the guidelines/rules thereunder, etc and Merchants shall have an obligation to comply with their obligations under Prevention of Money Laundering Act, 2002, Prevention of Money Laundering (Maintenance of Records) Rules, 2005, Foreign Exchange Management Act, 2000, Income Tax Act, 1961 and regulations prescribed by the Reserve Bank of India.

The Merchant agrees, in case the Merchant is in breach of any covenant, represent or warranty and/or in breach of any applicable laws of India or becomes subject of any government scrutiny/ investigation, any or all funds towards balance in the Merchant account shall be suspended for a period as may be identified by the Payment Partner at its sole discretion considering the nature/ complexity of the issue. The Merchant shall not raise any demur or protest in this regard. In any situation, We cannot be required to make any payments to the Merchants over and above taking best efforts to ensure that Payment Partners make payments to the Merchants of the amounts owed to them to the extent of balance available with such Payment Partners.

  1. CONTENT AVAILABLE

You acknowledge that Company does not make any representations or warranties about the Merchants, Customers, Products, Services, data, and information, such as data files, text, facts and figures, details, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the Content) which You may have access to on F5 as part of the Services, or through Your use of this F5. Under no circumstances is the Company liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via F5.

The images of the Products and/or Services supplied by Company are included for representational purposes only and actual products and/or packaging may vary from preview image shown. The information and descriptions contained on F5 regarding the Products/ Services are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the Products/Services.

You shall not, (a) modify, alter, tamper with, repair, or otherwise create derivative works of F5 including of any Content and/or Services; (b) reverse engineer, disassemble or decompile the Platform in order to avoid incurring fees or exceeding usage limits; (d) remove, modify or obscure any intellectual property or proprietary rights of the Company and its licensors.

User reviews or ratings for Products/Services do not reflect Our opinion. It is pertinent to state that each and every review posted on the Platform is the personal opinion of the user/reviewer only. We are a neutral Platform, which solely provides a means of communication between users/reviewers including users or owners/representatives with access to the Merchant page (if any).

  1. CONTENT SUPPLIED BY YOU

You represent, warrant, and agree that no Content/Details shared by You with Company (User Content), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful Products.

All User Content shall be the sole responsibility of the author/creator of such content. We shall not be liable, in any manner whatsoever, for any content, including User Content and/or content in any form whatsoever, whether or not created by You, including any generation, transmission, use or storage of such content on F5.


You grant Us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and User Content including but not limited to trademarks, service marks, logos, etc. submitted by You for providing the Services, You also grant Us the right (i) to display the User Content and details provided by You on F5 (ii) promote or distribute it for the access of the Customers/Merchants as the case may be.  

We may require You to enter certain details in order to provide Services to You. These details shall be collected by Us as per the terms of Our Privacy Policy. In order to avail these Services, You shall have to provide details. Such details shall be a part of Your User Content. You agree and acknowledge that by availing the Services, You shall agree to provide these details. Such details shall be true, genuine and shall not misrepresent/be fraudulent in any manner. Further, You shall indemnify Us from any losses under Paragraph 14 that may arise out of or due to the provision of such details by You.

We use the User Content to authenticate and authorize access to the Platform and to provide the Services to You through the Platform. We analyse and process User Content to improve the Platform and our Services. We may send You service, technical, promotional and other administrative emails, messages (including SMSs) and other types of communications. We may also contact You to inform You about changes in Our Services offerings. These communications are considered part of the Services and You may not opt out of them unless You choose to not use the Platform. F5 may share or publicly disclose information (e.g., in marketing materials, or in application development) that is derived from User Content, provided that such data will be aggregated or anonymised to reasonably avoid identification of a specific individual or the Customer or the Merchant. You further agree that F5 will have the right, both during and after the termination of this Terms of Use, to store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymised, aggregated data. F5 can use Your “logo” or “name” as part of list You as a Merchant on our Platform in various media.

  1. LINKS TO THIRD PARTY SITES


F5 may contain links to other websites to any third parties who are not related to F5 (
Linked Websites). The Linked Websites are not under the control of Company and Company is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.

Company provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Company. Your link to any such Linked Website is entirely at Your own risk. Company is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.

F5 may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

By using the Platform and availing any Service, You acknowledge and agree that You may be introduced to a third party that may pose harm or risk to You or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Services and/or the Platform. The Company expressly disclaims all liability for any act or omission of any third party.

  1. ACCESS TO F5

Only those persons who are competent/capable of contracting within the meaning of the Indian Contract Act, 1872, shall be eligible to enrol on the Platform and/or access Our Services. By accessing Our Platform/Services, You represent and warrant that You are accessing the Platform within the jurisdiction of India. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate Our legal rights or those of any third party(ies). You are not located in, under the control of, or a national or resident of or connected to any countries identified as non-cooperative by the ‘Financial Action Task Force on Money Laundering’ established by the G-7 Summit in 1987, and international organisations against money laundering or any other location in which your use of our Services in accordance with these terms are illegal.

Registration: You agree to (a) only provide accurate and current information about Yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are duly authorized to do so.

Using of the Services on F5 does not deem to grant You any right on F5 and does not make You a permanent member, shareholder or affiliate of Company for any purposes whatsoever, nor shall You have any of the rights of statutory members of Company.

We may notify You or request You to accept additional or special terms and conditions in relation to Your access of certain features or services on F5. You agree that You shall access or use such features and services only in accordance with such additional or special terms and conditions as if they were incorporated herein these Terms of Use.

You agree that any information provided by You shall always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your Account You agree to accept responsibility for all activities that occur under Your Account. The Company reserves the right to change or amend these Terms of Use from time to time, without any prior notice to You. We also reserve the right to refuse registration of, or cancel, accounts which We deem inappropriate including for breach of these Terms of Use.

We may cancel, reject, remove or suspend any party, at our sole and absolute discretion, from access and/or use of F5 in case of any breach of the Terms of Use. We shall not be liable to provide any explanation or reasoning subsequent to such action taken by Us. We may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination will be without any liability to the Company.

You may terminate this Terms of Use at any time, provided that you discontinue any further use of the Platform. Upon any termination of the Terms of Use by either You or Company, You must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel Your obligation to pay for the Products and/or Services already ordered from the Platform or affect any liability that may have arisen under the Terms of Use.

  1. PROHIBITED CONDUCT

You shall not (a) use F5 for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) display, sell and/or attempt to sell any such Products that are contrary to the laws of India.

F5 reserves the right to remove comments or postings on the Platform or any social media page or site or otherwise that violates any applicable laws or are defamatory in nature. We shall remove User Content or any other content which we have reason to believe (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) pertains to unsolicited advertising and messages, promotional Products, junk mail, spam etc.; (c) is reasonably believed to be (without independent verification) fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, Products or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that may constitute a criminal offense or that gives rise to civil liability; (g) sends or stores Products containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempts unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restricts or inhibits any other party from using the Service; and (vi) false information/misrepresentation of Yourself.

You shall not initiate any transaction for any item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that We shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform. We do not check or verify the packages that are being picked up and dropped off or the items that are being delivered to You, and therefore We shall have no liability with respect to the same. However, if it comes to Our knowledge that You have consummated and/or undertaken a transaction involving any illegal or dangerous substance We shall have the right to report You to the government authorities and take other appropriate legal actions against You. We can’t fulfil any tasks which are immoral or unlawful in nature. We reserve the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Our internal policies or as per Our independent discretion. We may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party. This includes purchase of Products which have been specifically banned/prohibited as set forth under http://www.f5refreshment.com/banneditems.html. 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Company does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through F5, Company will not be liable to You for any act or omission by such third party in relation thereto.

We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on F5, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not Company knows or has reason to know or has been advised of any such purpose; (b) warranties as to any results to be obtained from any use of the Content or information derived from use of F5; (c) any continued access or uptime; and (d) any time period within which downtime shall be rectified.

Company shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Content, use of the Platform or any Services, any third party claims, any damages incurred by any party that arises out of the use of Our Platform or Services, either directly or indirectly, including any virus attacks, service attacks and/or Trojan attacks, inconvenience or deterioration of Your health be it physical or Your mental,  food poisoning, Products provided by the Merchants, fulfilment of Services, unsold inventory, deterioration in quality of the Products including but not limited to loss of revenue or profit, financial loss and/or any other commercial or economic, physical and/or any other loss or for any decision made or action taken by any third party in reliance upon the Content, Products, Services on the Platform or otherwise.

F5, all the Products and services, included on or otherwise made available to You through this Platform is provided by Company on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing including without limitation, accuracy of content, non-infringement, non-interference, merchantability or fitness for a particular purpose or that the Services (including the Platform) will be uninterrupted, timely or error-free. Without prejudice to the forgoing paragraph, Company does not warrant that:

  • F5 will be constantly available, or available at all;
  • The information on F5 or provided through the website is complete, true, accurate or not misleading;
  • Will result in any guaranteed requests for services/ products that You, as a Merchant may list on Our Platform;
  • The quality of any Products, Services, information, or other Products that You obtain through F5 will meet Your expectations.

We use internally developed systems for providing You access to and facilitating Your use of F5. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of F5. We may also add additional features and functionality to F5 that might result in the need to develop or license additional technologies. Increased utilization of F5 or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.

We may also supply, or facilitate the supply of equipment, devices, hardware and/or software to support operations that You may choose to undertake on the Platform. You understand and acknowledge that We merely facilitate the supply of the aforementioned devices/equipment/hardware/software from third party service providers. You understand that Your use shall be governed by a binding instrument as the case may be (such as a user manual, service agreement, end user license agreement etcetera). We request You to kindly understand the terms usage of such equipment, devices, hardware and/or software provided to You before using it. You shall be solely responsible for the upkeep, maintaince and shall keep Us fully indemnified in the manner provided under Paragraph 14 below for any damage, inappropriate use and/or theft of any equipment, devices, hardware and/or software.

  1. INDEMNITY

You agree to indemnify and hold Us harmless from:(i) any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (Claims)(including legal fees and other dispute resolution costs) made by any third party due to or arising out of Your use of the Products, the Platform and/or the Services, any violation of the terms of these Terms of Use or any other agreement executed with Company or another user by You; (ii) any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part; (iii) for fraud, negligence, misrepresentation or misconduct committed by You including but not limited to any Claims that arise due to or out of the information You provide to Us; (iv) Your infringement of any intellectual property or other right of any person or entity; (v) or as a result of any threatening, libellous, obscene, harassing or offensive Products posted / transmitted by You on the Platform; (vi) disputes between the Customer and Merchant, Customer and Payment Partner, Merchant and Payment Partner and/or any disputes between You and third party service providers; (vi) Claims in relation to Third Party Products or other products or Services supplied by third party service providers or Merchants to the Customer including but not limited to any Claims pertaining to the Products/Services procured by You from the Merchant via the Platform or provided to You by a third party service provider that We may supply to You; (vii) Claims in relation to payments to be made by Customer to Merchant; (vi) –theft, damage, cost of repair and/ or loss of equipment and material damages to any such modem given to You by F5 to use Our Services including but not limited to PoS Systems, cash machines, tea/coffee dispensers, snacks equipment  etc; (vii) Claims in relation to any mental, physical and/or any other kind of loss or damage including health conditions, that may arise, due to consumption of any Products on the Platform or of the products by third party services providers and/or Third Party Products that You may have procured by accessing the Platform. Your obligations under this Paragraph 14 shall survive the termination of these Terms of Use.

You hereby acknowledge that We shall not be liable for any damages of any kind including, but not limited to indirect, incidental, special, punitive, and consequential damages, arising from Your use of the Platform/Services/Products/Third Party Products/ third party services provided, facilitated or directed to You by Us.

  1.  INTELLECTUAL PROPERTY

F5 is operated by and is the sole and exclusive property of Company. Any and all F5 Products on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such Products to Us, or such parties having ownership of content uploaded on the Platform. You agree that You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such Products in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. All right, title, and interest in and to the F5 (excluding content uploaded specifically by a user) is and will remain the exclusive property of Company and/or its licensors.

You agree that these Terms of Use do not entitle You to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the F5 (Updates). We may, however, occasionally provide automatic Updates to the F5 at Our sole discretion (and without any advanced notification to You). Any such Updates shall become part of the services and subject to these Terms of Use.

From time to time, we test various aspects of our F5, including Our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and We reserve the right to include You in or exclude You from these tests without notice.

By submitting any content or Products to the F5 including names, logos and/or any Products that is protected through trademark, copy right, word mark, etc. of Yourself or Your enterprise or Your start up, You hereby grants Company a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such content in connection with the F5 and Company’s business, including without limitation for promoting and redistributing part or all of the F5 (and derivative works thereof) in any media formats and through any media channels. In the event it does so, Company will seek to maintain the confidentiality of the content consistent with Your account classification, but once again cannot guarantee any such confidentiality. You also grant each user of the Company a non-exclusive license to access Your content through the F5, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Platform and under these Terms of Use.

Company shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on the F5.

If You are a copyright owner or an agent thereof and believe that any content on the F5 infringes upon Your rights, You may contact legal@f5refreshment.com and provide details requested in regards to such infringement.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at New Delhi, India shall have the sole and exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with these Terms of Use or the use of F5 to the provisions of this Paragraph 16. There may exist a conflict of laws due to the varied geographical locations of the parties, the parties acknowledge to refer any Disputes only to the courts at New Delhi, India and agree to follow the manner of resolution as provided in this Paragraph 16.

Any action, dispute or difference arising under or relating to this Terms of Use (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, Company and You shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Terms of Use.

The arbitration shall be conducted by a sole arbitrator jointly appointed by Company and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

You agree and acknowledge that the provisions of these terms of Use including but not limited to Paragraph 15 (Intellectual Property) are of importance to Company and monetary compensation may not constitute adequate relief and remedy to Company for non-performance by You of your obligations thereunder. Accordingly, Company shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring You to perform Your duties and obligations under such provisions.

  1. SEVERABILITY

If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

  1. NO WAIVER

The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

  1. NOTICES

Unless otherwise provided herein, all notices and other communications shall will be deemed to be served to any Customer and/or any Merchant through notifications on the Platform and/or at the registered phone number / email id provided by them such user as soon as We send such notice. It is the sole responsibility of such user to update their respective information including but not limited to the e-mail addresses, phone numbers and postal address (if any). We shall not be responsible for non-receipt of any such communication sent by Us.

You hereby grant permission to F5 to send promotional and transactional content over any medium including but not limited to SMS, telephone calls, electronic mail and IVR from time to time.

  1. FORCE MAJEURE

We shall not be liable or responsible for the non-performance or delay in carrying out any Service (s) due to any act, event or circumstance beyond Our reasonable control which may affect the performance and/or execution of Our Services under the Terms of Use including, but not limited to fire, flood, explosion, war, riots, acts of Government Authorities or any events or circumstance analogous to the foregoing. You shall hereby irrevocably wholly and completely indemnify Us in the manner and terms set forth in Paragraph 14.

  1. GENERAL

These Terms of Use comprise the full and complete agreement between You and Company with respect to the use of F5 and supersedes and cancels all prior communications, understandings and agreements between You and Company, whether written or oral, expressed or implied with respect thereto. Nothing herein creates any power or authority or any party nor does anything herein contain any provision to assume or create any obligation or responsibility on any party on behalf of each other. The Terms of Use will not be construed to create or imply any partnership, agency or joint venture relationship. We reserve the right to amend the Terms of Use at any time and Your continued Use of the Platform after We post any modifications to the Terms of Use will constitute Your acknowledgment of the modifications and Your consent to abide and be bound by the modified Terms of Use.

Company shall be entitled to assign any or all of their rights and obligations hereunder to any affiliate, third party or otherwise as part of any restructuring, business combination, merger or acquisition without any prior notice provided to any other party.

Any notice to be given in connection with these Terms of Use shall be delivered via email to Company at hello@f5refreshment.com or to You at the email address provided by You in Your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use.