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TERMS AND CONDITIONS

LAST REVISION: 01-01-2020

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, www.frozenbasket.com (the "Website"), Frozen Food Bazaar ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Frozen Basket reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Frozen Basket will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Frozen Basket encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Frozen Basket for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

PRODUCTS

Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation:

Unless you notify our third-party call center reps or direct Frozen Basket sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Frozen Basket and its designated in house or third-party call team(s).

Opt Out Procedure:

We provide 3 easy ways to opt out of from future solicitations.

  • 1. You may use the opt out link found in any email solicitation that you may receive.
  • 2. You may also choose to opt out, via sending your email address to:
    customerservice@frozenbasket.com
  • 3. You may send a written remove request to
    No. 38, C.K. Garden,
    Wheelers Road Extension,
    ST. Thomas Town,
    Bangalore-560084,
    INDIA.

Proprietary Rights.

Frozen Basket has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Frozen Basket. Frozen Basket also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax.

If you purchase any Products, you will be responsible for paying any applicable sales tax.

Pricing.

Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updating may occur. NBL reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer. Prices are subject to change without advance notice.

All prices on this web site are given in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.

All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice. Some products which are listed on the web stores such as fresh fruits and vegetables are products where prices change on a daily basis. You will be billed the prices prevalent during the invoicing of the products. Our products are liable for VAT in India.

Out of Stock situations.

Our endeavor is to ensure that all products listed on the site are available in stock for dispatch to the buyer.

However, in case this in not available for any reason, we will contact you within 2 business days and give you the option to exchange or cancel the order based on your convenience.

WEBSITE

Content; Intellectual Property; Third Party Links.

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Frozen Basket does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Frozen Basket does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Frozen Basket does not endorse the contents on any such third-party websites. Frozen Basket is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website.

Frozen Basket is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users or web sites connected to this Site, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, (5)not breach any applicable laws, (6)not try gaining unauthorized access to other computer systems and (7) not defame, harass, abuse, or disrupt other users of the Website.

License.

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Frozen Basket or the applicable third party (if third party content is at issue).

Posting.

By posting, storing, or transmitting any content on the Website, you hereby grant Frozen Basket a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Frozen Basket owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Frozen Basket will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Frozen Basket does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Frozen Basket is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Frozen Basket does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Frozen Basket the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Frozen Basket and its affiliates for all claims resulting from any Comments you submit. Frozen Basket is not liable for any damage or harm resulting from any posts by or interactions between users. Frozen Basket reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Frozen Basket deems objectionable, in our sole discretion.

Colours.

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Account & Registration Obligations.

All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

Minimum Order.

A minimum order value of Rs. 500/- is necessary to make any deliveries. Orders below this will not be allowed.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Frozen Basket EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Frozen Basket MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

www.frozenbasket.com is dedicated to maintaining the privacy of the users/account holders with respect to all the necessary information given at the time of registration and thereafter. However, you will provide the same at your own risk and the website or its owners will not be in any way held responsible for any misuse or duplication of data provided therein for any reason by any third party. By providing the information as prescribed in the registration form and thereafter, you also consent to the tabulation, storage and use of the above data by the website for sending offers, information and deals etc. in the future via emails, SMS, telephonically and posts and sharing of the information to other sister concerns of frozenbasket.com for their benefit.

Frozen Basket shall not be liable or responsible for any special or consequential damages that may result from the use of, or the inability to use, the materials on their Website www.frozenbasket.com

In no event shall Frozen Basket have any liability to you or others for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this Website.

You declare and confirm that you are accessing www.frozenbasket.com voluntarily and entirely at your own risk and consequences incidental or consequential to such use.

You acknowledge and agree that Frozen Basket neither endorses the content of advertisements or third parties' web content, nor shall it be responsible or liable for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime committed thereby.

Neither Frozen Basket nor any of its officers or employees shall be liable or responsible for any direct, indirect, incidental, special or consequential damages arising out of or relating to these Terms and conditions of use, resulting from the use or the inability to use the Website services or resulting from any services provided by Frozen Basket or any messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of user's transmissions or data.

In no event or circumstances shall Frozen Basket be held liable or responsible for any delay, failure, default or disruption of the contents or services delivered through the Website to you.

Frozen Basket or its officers or employees shall not in any manner be responsible for any force majeure event, the act of God or any circumstances beyond its control. As set out hereinafter which hinder your free and full access to the Website and or its services.

Neither Frozen Basket nor shall its employees be held liable or responsible for any information displayed on it or for updating any such information.

Frozen Basket is not liable and responsible for any claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever arriving out of and as a result of reviews posted on the website www.frozenbasket.com regarding establishments as the website only provides a platform for users to express their opinions and these under no circumstance are views of Frozen Basket, its affiliates, officers, employees, agents, partners and licensors.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Frozen Basket, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Frozen Basket. When Frozen Basket is threatened with suit or sued by a third party, Frozen Basket may seek written assurances from you concerning your promise to indemnify Frozen Basket; your failure to provide such assurances may be considered by Frozen Basket to be a material breach of this Agreement. Frozen Basket will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Frozen Basket choice at its expense. Frozen Basket will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Frozen Basket against any claim, but you must receive Frozen Basket prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

PRIVACY

Frozen Basket believes strongly in protecting user privacy and providing you with notice of use of your data. Please refer to Frozen Basket privacy policy, incorporated by reference herein, that is posted on the Website.

PAYMENT

You agree and undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

Frozen Basket accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects. After the receipt of payment, the Buyer, Frozen Basket shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.

Frozen Basket shall dispatch the order in 0-1 working days from the date of confirmation of order placed by the customer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in any way. Before placing an order, you are advised to check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.

"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time".

Credit card details:

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Frozen Basket.

Payment Options

The following modes of payments are available:
a) Credit Cards - Master/Maestro, Visa
b) Debit Cards - Master/Maestro, Visa and Rupay
c) Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases
d) UPI Payments such as Gpay, Phonepe and Paytm. e) Cash on Delivery.
f) Card on Delivery As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect Frozen Food Bazar. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format.

To place an order, you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites. After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section.
In this section you will be asked for address and other contact information as well as payment related information Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.

SECURITY

Frozen Basket believes strongly in protecting users and keeping your data safe at all costs. Please refer to Frozen Basket security policy, incorporated by reference herein, that is posted on the Website.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

GENERAL

Force Majeure.

Frozen Basket will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation.

Frozen Basket may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement.

This Agreement comprises the entire agreement between you and Frozen Basket and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver.

The failure of Frozen Basket to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Arbitration.

This Website originates from Bengaluru, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Frozen Basket will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights.

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination

Frozen Basket reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Frozen Basket may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Frozen Basket reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Frozen Basket chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use.

Frozen Basket makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Frozen Basket may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

DISCLAIMER

This Website & the brand Frozen Basket is owned by Frozen Food Bazaar. Frozen Food Bazaar will not be liable for any damages of any kind arising from the use of this Website, or products acquired through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Pricing on this Website may be subject to change without notice.

Perishable products shown on the website here are indicative. We do our best to give a better result than shown. It may be possible that actual arrangement varies due to availability and other reasons beyond our control. However, we always ensure full or higher value to our customers.

Delivery schedule varies 0-1 days post confirmation of the order, depending on the destination city or town. For the products, which require special procuring, delivery time may vary.

For orders in which problem arises owing to the mistake of the user e.g. wrong address or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.

Products sold by Frozen Basket on the website are strictly meant to be consumed in moderation, and Frozen Basket will not be held responsible by any means for any mental or physical damage or loss of life or failure of any or all organ/s in the body due to over-consumption of the products.

Products sold on Frozen Basket are good to consume from the time of delivery till the expiry date. Date of packaging and expiry is available on our product packet and so we request you to check the expiry date before consumption. In case if an expired product is consumed, Frozen Basket will not be held liable for any damage or loss caused to the mental and physical health of the individual/s owing to such negligence.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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