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User Agreement

This website shop.realgoodchicken.com (hereinafter referred to as “Website”) accessed through QR code or any other form or media, is owned and operated by Godrej Tyson Foods Limited (“Company”), a company incorporated under the Companies Act, 1956 having its registered office at Godrej One, 3rd floor, Pirojshanagar, Eastern Express Highway, Vikhroli (East), Mumbai – 400 079 The terms "RGC", “Company”, "we", "us" or "our" shall mean by Godrej Tyson Foods Limited.

By placing an order on this App/ Website you are entering into a contract with the Company (“User Agreement”). For the purpose of these terms of use, whenever the context so requires, "you", "user", or "User" shall mean any natural or legal person who shall transaction on the App or Website by providing registration data while registering on the Platform as a registered user by using any computer systems.

This document / User Agreement 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 Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of App and Website (which are jointly referred to as the “Platform”).

TERMS OF USE / USER AGREEMENT

The terms of use mentioned underneath shall govern your use of the Platform (hereinafter referred to as "Terms of Use"). Please read these Terms of Use carefully before you access the Platform and/or use services of the Company. On failing to agree with these Terms of Use, you may not be allowed to use our services as provided on the Platform, and we request you to uninstall the Platforms. By installing, downloading or even merely using/browsing the Platform, you shall be contracting with us and you signify your acceptance to this Terms of Use and other policies including but not limited to the Cancellation & Refund Policy, such other policy/ies as may be posted on the Platform and amended by the Company from time to time, which is effective from the date on which you download, install or use the Platform, and create a legally binding arrangement and agree to abide by the same.

The Company enables User to avail services on the Platform including but not restricted to purchase and delivery of “<<RGC Products>>” real good chicken (hereinafter referred to as “Platform Services”). You/the buyers (hereinafter referred to as “Buyer/s") can choose and place orders (hereinafter referred to as “Orders") from a variety of the Company products listed and offered for sale by us on the Platform. The Company enables delivery of such Orders at select localities of specific cities across India (hereinafter referred to as “Services”) by connecting third party service providers for delivery of Orders (hereinafter referred to as "Delivery Partners").

ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into a legally binding User Agreement and have the requisite authority to bind the other party to this Agreement. You shall not use the Platforms if you are not competent to contract under the applicable laws, rules and regulations. It may be noted that 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 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 Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and the Company policies, you shall immediately discontinue its use. The Company reserves the right to terminate your membership and / or deny access to the Platform, if it is learnt by or brought to Company’s notice that you are under the age of 18 years.

TERM

This Agreement shall continue to be in full force and effect for so long as you are using the Platform. The Platform provides online shopping platform wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the "Proceed to Payment" / “Proceed to Subscribe” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this User Agreement, our Privacy Policy, and with all applicable laws and regulations.

ACCOUNT REGISTRATION

The Company may collect your Data in several ways from your use of our stores, website or mobile application. For instance:

  1. You may access the Platform by registering to create an account (" Account") and become a member (" Membership"); or (c) you can also register to join by logging into your account with certain third-party social networking sites (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 and are subject to the terms, and strictly not transferable. By registering with us you agree to as under:

    1. Providing your Account login information to us through the Platform; or
    2. Allowing us to access your Account, as is permitted under the applicable terms and conditions that govern your use of such Account.

  2. Unless otherwise specified in these Terms of Use, all Account content, if any, will be considered to be your content for all purposes of these Terms of Use.
  3. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. The Company shall not be responsible/liable for verifying any details provided by you.
  4. We will create your Account for your use of the Platform services based upon the personal information you provide to us. You can only have one Account and are not permitted to create multiple accounts. The Company reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
  5. We reserve the right to suspend or terminate your 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 (iii) if you are found to be non-compliant with the Terms of Use or other Company policies.
  6. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Company Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
  7. 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.

COMMUNICATION POLICY

By signing up with Company, User agrees to receive communication on Whatsapp, push notifications, SMS, Email, Customer Support Call, App and Website, subject to the adherence to the Privacy Policy of the Company.

RENDERING OF SERVICES THROUGH DELIVERY PARTNERS

  1. Delivery Partners are third party agents engaged by the Company on a non-exclusive and principal to principal basis to provide aforementioned Services for service fee. Delivery Partners are independent contractors. We do not exercise control on the Delivery Partners and the relationship between the Delivery Partners and the Company is not that of an agent and principal or employee and employer. At no point of time, the Company shall be held responsible or liable for any transactions between Users and Delivery Partners and for the Services offered by Delivery Partners.
  2. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address of which delivery of the products ordered by you are to be made should be correct and proper in all respects.
  3. The Company is not responsible for any non-performance or breach of any contract by Delivery Partner. The Company cannot and does not guarantee that the concerned Buyers, distributor and Delivery Partners will perform any transaction concluded on the Platform.
  4. The Company is not responsible for non-performance or delay in providing of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  5. The Company shall not have any obligations or liabilities in respect of Services being availed by Buyer and rendered by Delivery Partner.
  6. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, the Company shall assist you to the best of our abilities by providing relevant information to you and try to provide satisfactory resolution of the complaint.

USE OF THE WEBSITE AND APPS (ANDROID AND IOS)

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, download, modify, publish, transmit, update or share any content, document, material or information which:

    1. belongs to another person and which you do not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
    3. 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 or libellous;
    8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
    9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), 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, violent or otherwise inappropriate manner or solicits personal 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;
    13. contains video, photographs, or images of another person (with a minor or an adult);
    14. tries to gain unauthorized access or exceeds the scope of authorized 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, Company's prior written consent means a communication coming from Company's legal department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
    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.

  2. 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.
  3. You shall not attempt to gain unauthorized 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.
  4. 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.
  5. 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 of the Company or the brand name “Real Good Chicken”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or merchant on Platform or otherwise tarnish or dilute any Company'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 the Company's systems or networks, or any systems or networks connected to the Company.
  6. 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.
  7. You may 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 may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  8. You may 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 Company and/or others.
  9. 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 sales tax/VAT, income tax, octroi, service tax, central excise, 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.
  10. 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 Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
  11. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
  12. 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. 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 authorize 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.
  13. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. The Company 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 this right, 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 Company views. In no event, shall Company 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.
  14. 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.
  15. It is possible that other users (including unauthorized 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. It also 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 unauthorized 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. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
  16. The Company 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.

PRODUCT PRICING

Product and services prices listed on the Platform are current / as of date. While every care has been taken to label the products and services accurately, errors in data entry and updation may occur.

The Company reserves the right to cancel any Order and the refundable amount is credited to your / User’s bank account shared using the link sent in SMS by the Company. Refund will be credited within 5-7 working days of sharing the bank details. In case payments done through credit card it will be refunded to the same mode of payment.

RETURN POLICY

The Company does not have a return policy until and unless it is related to the product quality; in which case the Company shall collect the defective sample for testing at it’s own authorized or third party accredited laboratory and the User shall be entitled only to replacement of the exact quantity of the products found to be defective by the Company or refund of the maximum retail price of the products in question. If the User wants to return a product because he/she doesn't require it, in such cases, we will not allow the same.

CANCELLATION POLICY

  1. The User can cancel/stop their subscription using App/ Website or by reaching out to the customer support.
  2. Multiple accounts cannot be created with same address, if found then the Company has the right to cancel/stop the Users subscription.
  3. Going forward, if the User denies taking the final confirmed order at the time of delivery, he/she will have to pay a cancellation charge of Rs. 100.

NACH MANDATE AND TRANSACTION MANAGEMENT

  1. Transactions against the NACH Mandate shall be processed only on a Business Day and in the event of any Transaction due on a non-Business Day, it will be processed on the next succeeding Business Day. In case such Transaction fails, it shall not be re- tried for that calendar month. The User shall not be permitted to modify any existing NACH Mandate as Bank does not presently support any modification flow. The User, can however revoke the NACH Mandate atleast two days prior to the next Due Date and setup a new mandate.
  2. The User hereby agrees and understands that the processing of the NACH Mandate is subject to actions of the Destination Bank and clearance of funds by the Destination Bank.
  3. The User's App would reflect all the transactions being successful in the Account
  4. The User hereby understands that upon the revocation of the NACH Mandate by Company upon the User's request, the User shall be required to reinitiate the entire process of setting a NACH Mandate if the User is desirous of the same.
  5. The User hereby understands that the User can revoke the NACH Mandate atleast two days prior to the next Due Date for it to be effective for the recent transaction cycle. The Company shall not be liable for any transactions that are processed on account of the failure of the User to revoke the NACH Mandate within the above-mentioned time period and that the processed transactions shall constitute valid and binding transactions on the User.
  6. The User hereby agrees and understands that the Company shall be processing the NACH Mandate only on the basis of the Destination Account details of the User provided by the User to Company and as verified via mandate verification by Destination Bank, and that the Company shall not be responsible in any manner whatsoever to verify the details of the Destination Account.

The Company assumes no responsibility and shall incur no liability if it is unable to effect the Transaction against the NACH Mandate owing to any one or more of the following circumstances:

  1. If the NACH Mandate issued by the User is/are incomplete, inaccurate, invalid or incorrect;
  2. If the Destination Account has insufficient balance to enable the Company to debit it to the extent of the NACH Mandate;
  3. If the funds available in the Destination Account are under any encumbrance or charge or subject to Destination Bank's right of banker's lien;
  4. If the Destination Account/ Account is under any attachment or debit freeze on account of any legal and/or regulatory directions.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL NOT EXCEED THE LAST FEE YOU PAID. THESE LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF COMPANY SERVICES.

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN COMPANY'S CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE COMPANY. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP / SUBSCRIPTION FEE / AMOUNT YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION/MEMBERSHIP/USER ACCOUNT.

GENERAL

  1. 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. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
  2. As we are providing services in the select cities in 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, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
  3. 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 Company policies to the attention of all such persons accessing the Platform on your computer or mobile device.
  4. 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.
  5. You agree and grant permission to the Company to receive promotional SMS and e- mails from Company or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to consumerservice@godrejagrovet.com.
  6. By using the Platform, you represent and warrant that:
    1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
    2. Your use of the Platform shall be solely for your personal use and you shall not authorize 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.
    3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
    4. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
    11. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
      1. any part of the Platform or the Platform software; or
      2. any equipment or any network on which the Platform is stored or any equipment of any third party
    12. You release and fully indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES

  1. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
  2. Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
  3. You and we acknowledge that these Terms of Use are concluded between you and the Company only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
  4. The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
  5. We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
  6. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
  7. You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  8. You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
  9. You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

DISCLAIMERS

  1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
  2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
  3. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
  4. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
  5. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
  6. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  7. ANY DIFFERENCE BETWEEN THE REPRESENTATIONAL IMAGE AND ORIGINAL PRODUCT IS FOR ADVERTORIAL PURPOSES ONLY.

INTELLECTUAL PROPERTY

  1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
  2. You recognize that the Company is the registered owner of the word mark ‘RGC’, proprietor of the brand name ‘Real Good Chicken’ (label)’ and the logo  including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Company’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of any intellectual property rights you shall report the same at consumerservice@godrejagrovet.com with all relevant information.
  3. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
  4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  5. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
  6. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

TREATMENT OF INFORMATION PROVIDED BY YOU

We process information provided by you to us in accordance with our Privacy Policy, which can be accessible at this link https://www.realgoodchicken.com/privacy

THIRD PARTY CONTENT

  1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third- party sites to the Platform, although we are under no obligation to do so.

SEVERABILITY

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

NON-ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Maharashtra, India.

CONTACT US

Grievance Officer/Nodal Officer

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020, the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Email ID : legal.helpdesk@godrejagrovet.com

MODIFICATION/ CANCELLATION OF SUBSCRIPTION / ACCOUNT BY COMPANY

The Company may cancel or modify your subscription/membership/ User Account at its sole discretion without notice to the User. If we do so, we will issue a prorated refund based on the number of full months remaining in your subscription/membership. However, we will not give any refund for cancellation of subscription/membership related to conduct that we determine, in our sole discretion, violates these Terms, the Privacy Policy or any applicable law, or any conduct that we in our sole capacity decide involves fraud or misuse of the subscription/membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company and its group companies, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or its group companies or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

TERMINATION

The Company may terminate the User Agreement at any time, with or without cause and reserves the right, in its sole discretion, to terminate your access to the products and services offered on the Platform or any portion thereof at any time, without notice.

AMENDMENTS

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Company policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Company policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your deemed acceptance of the amended Terms of Use and other Company policies. As long as you comply with these Terms of Use, the Company 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 Company policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and such other policy/ies) as may be posted on the Platform from time to time.