Terms of Services and Conditions

  1. 1. GENERAL

    1. This document 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 electronic record is generated by a computer system and does not require any physical or digital signatures. 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 the Android and iOS applications (hereinafter referred to as the "App​") which are owned and operated by Frocery Innovative Retail Private Limited (hereinafter referred to as the " Company​"), having its offices at A-304, Golden Sands, Mhada, Four Bungalows, Andheri West, Mumbai - 400058.
    2. where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

    3. For the purpose of these Terms of Use ("Terms"​), wherever the context so requires:

      1. The term 'You' & 'User', ​shall mean any legal person or entity accessing or using the services provided on this App and/or App, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
      2. The terms 'We'​, 'Us'​, 'Our' ​shall mean the App and/or the Company, as the context so requires.
      3. The term 'Services​' shall mean the online grocery delivery service provided by the Company through the Apps to Users as per the terms contained herein.
      4. The terms 'Party' ​& 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
      5. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
      6. The use of this App by the User is solely governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this App, You are agreeing to comply with and be bound by the following terms and conditions of use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.
      7. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting the any part of the App constitutes the User's full and final acceptance of these Terms and the aforementioned Policy
      8. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the App following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the App. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.

  2. 2. REGISTRATION

    To fully avail the Services of the App and use of it, a one-time User registration is required to create a profile for the User. You may access the Services by signing in as User by providing the following information which shall include but not be limited to Name, Age, Mobile Number, Email ID, and Street Address. There shall be an OTP sent to your registered mobile number through SMS which, once entered, will enable you to login to the App. This information is used to provide you with important services and information that may be customised to your demographic, interests, professional lives, and desired experience.

    Further, at any time during Your use of this App, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of your information and OTP, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You agree that you will not disclose your OTP to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

  3. 3. SERVICE OVERVIEW

    The App is an online grocery delivery service that provides all items needed on a daily basis by Users, delivered within 90 minutes from the time of placing the order by a User or on a scheduled date. The groceries are freshly procured by the Company from professional suppliers on a hyper-local level. Users can browse various categories of products after logging in to the App (using the OTP) and can select items that shall be added to Your Cart. Once you finish selecting items, You can view the Cart and proceed to Checkout wherein any applicable coupon code in Your possession may be applied to the total amount. After carrying out payment for the products and selecting a delivery slot, Your order shall be confirmed.

  4. 4. ELIGIBILITY

    1. The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the App if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

  5. 5. CONTENT

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names and descriptions (collectively, "Content"), is generated by the Company and the Company guarantees regarding the quality, the accuracy, integrity and genuineness of such Content. All the Content displayed on the App is subject to copyright and shall not be reused by any party without the prior written consent of the Company and the copyright owner. Whilst reviews and comments by Users shall be made via the App, the App bears no liability whatsoever for any reviews or comments made by the User that may lead to any third-party claims.
    The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the App. Users shall not copy, adapt, and modify any content without written permission of the Company.

  6. 6. TERM

    These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the App.
    A User may terminate his/her use of the App at any time. The Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the App at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
    It is also hereby declared that the Company may discontinue the App without any prior notice.

  7. 7. TERMINATION

    The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The App also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the App and/or other visitors to the App. The App reserves the right to limit, deny or create different access to the App and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

  8. 8. COMMUNICATION

    By using this App, and providing his/her identity and contact information to the Company through the App, the User hereby agrees and consents to receiving calls, auto-dialed and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy. In the event that the User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email at support@frocery.com. The User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.

    The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the App or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

  9. 9. CHARGES

    Registration on this App is free for Users, and this includes only accessing the App. In terms of payment for products, Users shall be given the option to pay online (through the third-party payment gateway Razor Pay) via credit card, debit card, netbanking, wallet and UPI payment as well as Cash on Delivery. However, We reserve the right to amend all charges relating to registration and availing of Services. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the App.

    Since Users have the option to make payments online through the third-party payment gateway, the Company/App shall not be liable for any discrepancy/deficiency/failure on the part of the third-party payment gateway. Users shall take note that all transactions over such third-party payment gateways are not within the control of the Company/App and shall be governed by the Terms of Service and Privacy Policy of the respective third-party owning the payment gateway.

  10. 10. USER OBLIGATIONS

    The User agrees and acknowledges that he/she is a restricted User of this App, and that he/she:

    1. Agrees to provide genuine credentials during the process of registration on the App. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
    2. Agrees to ensure the email address, address and mobile number provided during account Registration are valid at all times and shall keep your information accurate and up-to-date. The User can update his/her details anytime.
    3. Agrees that he/she are solely responsible for maintaining the confidentiality of your OTP. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
    4. Understands and acknowledges that the data submitted is manually entered in to the database of the App and all data in the App should be backed by hard copies or appropriate evidence for the purpose of verifying the validity of the data. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference alone.
    5. Authorizes the App to use, store or otherwise process Your personal information and all published Content and User comments and reviews and ratings for marketing and promotional purposes.
    6. Understands and agrees that, to the fullest extent permissible by law, the App/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the App or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
    7. Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the App. Any such use/limited use of the App will only be allowed with the prior express written permission of the Company.
    8. Agrees not to access (or attempt to access) the App and/or the materials or services by any means other than through the interface provided by the App. The use of deep-link, 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 App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App will lead to suspension or termination of the User's access to the App. The User acknowledges and agrees that by accessing or using the App or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the App.
      1. The App permits the User to post, or upload data/information as user comments or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the App immediately and without notice, and further that the User’s access to the App may also be permanently revoked, at the sole discretion of the Company.
        The User further undertakes not to:
        1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
        2. Engage in any activity that interferes with or disrupts access to the App or the services provided therein (or the servers and networks which are connected to the App);
        3. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
        4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; 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;
        5. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
        6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App;
        7. Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the App, or any other viewer of the App, including any User account maintained on the App not operated/managed by the User, or exploit the App or information made available or offered by or through the App, in any manner;
        8. Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked platforms;
        9. Collect or store data about other Users of the App.
        10. Use the App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or any other third party (ies);
        11. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the App;
        12. Violate any applicable laws, rules or regulations currently in force within or outside India;
        13. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
        14. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
        15. Publish, post, or disseminate information that is false, inaccurate or misleading;
        16. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
        17. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP​") or in any manner disrupts the services of any other supplier/service provider of the Company/App;
        18. Engage in advertising to, or solicitation of, other Users of the App to buy or sell any products not displayed on the App. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the App. It shall be a violation of these Terms to use any information obtained from the App to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the App without the express prior written consent of the Company.

        The User hereby expressly authorizes the Company/App to disclose any and all information relating to the User in the possession of the Company/App to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

  11. 11. SUSPENSION OF USER ACCESS AND ACTIVITY

    Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the App, and/or refuse to usage of the App to the User, without being required to provide the User with notice or cause:

    1. If the User is in breach any of these Terms or the Policy;
    2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
    3. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.

  12. 12. INDEMNITY

    1. You agree to indemnify, defend and hold harmless the Company/App, its independent service providers, third party sellers, and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. further, You agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
      1. Your use of the App,
      2. Any Discussions or Messages you provide;
      3. Your violation of these Terms and Conditions;
      4. Your violation of any rights of another;
      5. Your conduct in connection with the App;
      6. Your internal disputes amongst other Users; or

    2. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.

      In no event shall the Company/App be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ App had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the App and/or the services or materials contained therein.

  13. 13. LIMITATION OF LIABILITY

    1. The Founders/ Promoters/ Associated people of the App are not responsible for any consequences arising out of the following events:
      1. If the App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
      2. if the User has fed incorrect information or data or for any deletion of data
      3. if there is undue delay or inability to communicate through email
      4. if there is a failure in the functioning of any other service provided by the App.
    2. The App accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the App or any service availed of by the User through the App. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The App will not be liable to you for the unavailability or failure of the App.
    3. Users may be held legally responsible for damages suffered by other Users, the App or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the App.
    4. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
    5. The App expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the App and which is incurred by you in connection with the App, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
    6. To the fullest extent permitted by law, the App shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the App.

  14. 14. INTELLECTUAL PROPERTY RIGHTS

    Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are the property of the Company. Furthermore, with respect to the App created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the App.

    The User may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective Users of the App, or that in any manner disparages or discredits the Company/App, to be determined in the sole discretion of the Company.

    The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User.

    The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the owner of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  15. 15. DISCLAIMER

    The information published on the App in respect of services are for general information and reference purposes only, and are not intended to be of an authoritative nature under any circumstances. Even though the App bears responsibility for the accuracy and genuineness of the Content on the App and makes an effort to display accurately the available products, the actual colour, size, shape and appearance of the products may vary due to depictions on Users’ devices and other natural factors. The delivery of the products shall be attempted to be completed within 90 minutes from order confirmation by Users (if the said option is selected by Users) but this shall be subject to weather conditions, product availability and other factors that may lead to delay. Any delay or deviation from the estimated delivery time shall be immediately communicated to the User as soon as the same comes to the knowledge of the Company and the User shall not hold the Company/App liable for the same.

  16. 16. DISCLAIMER OF WARRANTIES AND LIABILITIES

    1. The User agrees and undertakes that they are accessing the App and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the App, or accessing/using any information displayed thereon.
    2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from App, written or oral, will not create any warranty and the App disclaims all liabilities resulting from these.
    3. The Company/App does not guarantee that the functions, products and services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the App.
    4. The App may avail services from third party to serve you better and these services will be provided on “as is” basis and the App disclaims any liabilities resulting from these third party services. The App will not be responsible for any internet delays and damages caused by such problems.
    5. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  17. 17. FORCE MAJEURE

    Neither the Company nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

  18. 18. DISPUTE RESOLUTION AND JURISDICTION

    It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (" ADR​") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

    1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
    2. Arbitration​: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai.

    The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

  19. 19. NOTICES

    Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User writing an email to support@frocery.com.

  20. 20. MISCELLANEOUS PROVISIONS

    1. Entire Agreement​: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
    2. Waiver​: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
    3. Severability​: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
    4. Contact Us​: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can e-mail us at support@frocery.com.