Terms and Conditions
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011;
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
You represent and warrant that you are at least thirteen (13) years of age or older, or are visiting the Site under the supervision of a parent or guardian.
1. Ordering Process and Pricing
The Site displays a list of varied merchandise and offers for sell, including but not limited to food products (Products) in the territory of India. All purchases made on the Site are subject to Akshays’ acceptance, which is in its sole discretion. Without limitation, this means that Akshays’ may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, Akshays’ reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit/debit card has already been charged for a purchase that is subsequently cancelled, the Site shall issue a credit to your credit/debit card account.
In case a Product appears out of stock, feel free to write to Akshays’ at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
The price listed on the Site for the Product will be inclusive of taxes and you will be required to make payment of the final invoiced amount of such price including delivery/handling charges or other additional sums that form part of the final invoice. Akshays’ makes every attempt to properly price all Products, but errors may occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. Akshays’ reserves the right to cancel orders which include a pricing or discount error.
3. Ownership of Intellectual Property
All trademarks, copyrights, service marks and trade names of Akshays/Cinch Eats’ used in the Site (including but not limited to the name Cinch Eats) are registered Copyrights of Akshay Foods, registered under the laws of India. They may not be used without Akshay’s prior written permission. Any other intellectual property on the Site, including but not limited to patents, issued or pending, are the sole property of Akshays’ and/or its licensors.
5. Prohibited use
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work as per the laws of intellectual property rights and other relevant of laws of India, and is the sole and exclusive property of Akshay’s. The collective work includes works that Akshays’ has created and produced for the Products. The contents of this Site can be used solely for your own non-commercial purposes, or to place an order with the Site or to purchase any other products on the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized by Akshays’. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Site.
6. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SITE, SERVICES AND THE PRODUCTS THEREIN ARE PROVIDED BY THIS SITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AKSHAYS MAKES NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER; (II) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR OTHER PRODUCTS WILL BE CORRECTED; (III) THE PRODUCTS OFFERED THROUGH THE SITE SHALL BE AS PER THE IMAGES PROVIDED ON THE SITE, SHALL MATCH THE DESCRIPTION ON THE SITE OR BE FIT FOR CONSUMPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. AKSHAY’S DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY CONTENT OR PRODUCTS ON THE SITE. DIRECT DAMAGES AND LOSSES SHALL ONLY BE RECOVERABLE BY VIRTUE OF THESE TERMS. IN NO EVENT SHALL AkshayS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR PRODUCTS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Akshays, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person accessing the Site using your registered account with us.
8. Suspension of your account or Site
You agree that we may temporarily suspend the access to the Site in order to diagnose any technical issues and resolve the same; or improve the quality and functionality of the Site; or implement any changes to the Site. We may suspend your access to the Site, where it is necessary to safeguard the security and integrity of the network; or implement emergency planning measures or due to any technical failure of the network; or where required by applicable law or directed by any governmental authority. You acknowledge that during such time the Site may not run at capacity; or may be unavailable in a particular network area; and/or coverage could be affected or network may be suspended for any technical failure of the network.
In case of any suspicious activity observed by you regarding your account with the Site or it appear to you that your credentials have been compromised, you are required to notify Akshays about the same at the earliest by contacting us and Akshays shall assist in recovery of your account and in resetting your password and necessary information.
9. Links to third-party websites
Akshays neither endorses or promotes or provides any service qua social media through necessary integration. For this purpose, you may opt to log in to the social media by creating an account or signing in on such social media. You agree to access the third party links and advertisements on the Site at your sole discretion and in compliance of the terms and conditions of such website or application and Akshays shall not be responsible for any kind of transmission or publication of any contents on any social media. Third-party links on this Site may direct you to third-party websites that are not affiliated with Akshays. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Cancellation: You may make a request for cancellation of the order placed for a Product any time within 24-hours from the allotted date of delivery. If you do not wish to receive the order delivered, you may email Akshays at firstname.lastname@example.org and cancel your order. We will initiate your refund after we have confirmation on the order cancelled by you.
Exchange: You may exchange the products for any reason . All the shipping expenses for picking up and sending a new one are taken care off by Akshay's.
For exchange, please click on Schedule an Exchange/ Return within 7 days of delivery to receive an exchange authorization.
Return: You may return the Product in an unworn condition with the packaging intact not later than seven (7) days from the date of delivery of the order if the Product does not fit you or for any other reason that you may describe while making a request for a return of the Product. If the product is returned after seven (7) days which is Akshays standard return period or the item is worn, damaged, or not in its original packaging, Akshays will be unable to honor a refund for the merchandise and the decision of Akshays shall be final. No return or any other claim will be acceptable or valid after the expiration of 7 days from the time of delivery of the Product.
The Product can be returned by:
- For returns , please click on Schedule an Exchange/ Return within 7 days of delivery to receive a return authorization.
- You will receive a confirmation as soon as the Product is received and your payment will be processed within seven (7) business days of receipt of the returned package.
11. Feedback and Queries
In case a Product appears out of stock, feel free to write to Akshays at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Where you post any review, submission, feedback or comment or any statement of such nature on the related link, such content shall be posted publicly on the Site on the sole discretion of Akshays and shall not be subject to any alteration or modification or moderation by Akshays or its members. You agree that Akshays is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing Products and services and creating, modifying or improving the Site or other products or services.
Akshays does not and cannot review all communications and materials posted to or created by you who is using or accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute (for non-commercial purposes) the contents of the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-related content or activities on the Site. You may not post or otherwise distribute content to the Site which Akshays in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Akshays or another party, illegal, or otherwise objectionable to Akshays. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
12. Force Majeure
You agree that Akshays shall not be responsible for any failure or delays to fulfil any obligation under these Terms, for so long as, and to the extent to which, the fulfilment of such obligation is impeded by a force majeure event, which shall mean to include, but not limited to, an event which is beyond the control of Akshays; Act of God; traffic; unavailability of Product. However, all reasonable efforts and precautions shall be undertaken by Akshays to supervene and subside any such event and perform the obligations as per the Terms.
13. No Third-Party Rights
These Terms are made only for the benefit of you and Akshays and are of privy nature, thereby not enforceable by any third-party person as per the laws of contract in India.
14. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Telangana, Hyderabad. This does not prevent Akshays from making an application to any court of competent jurisdiction to obtain an interim remedy (including any injunction) at law or in equity in relation to any dispute that arises in relation to these Terms.
15. Complaints and resolution mechanism
Akshays shall endeavour to resolve any complaint and dispute that may arise on account of your online purchase of the Product, technical difficulty or with respect to the services received. Complaints pertaining to the Products shall be forwarded to Akshays at the email address email@example.com for further review, investigation and response. You must follow the return process as mentioned under Section 10 to claim an exchange of the Product or refund of the amount paid at the Refund Policy.
16. Policy for NDNC
By using the Site, you agree to receive electronic communications from Akshays. You agree that any notice, agreement, disclosure or other communication that Akshays sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Akshays’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct of the parties nor trade practice shall act to modify any of these Terms. Akshays may assign its rights and duties under this Agreement to any party at any time without notice to you.