By signing up for a foodkravings Account or by using any foodkravings Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “foodkravings.com & Apps” means the applicable foodkrvings.com & Apps Contracting Party
Foodkravings.com under the Terms of Service offers various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to own your own online store on foodkravings, in person (“POS Services”), or both. Any such services offered are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.
To access and use the Services, you must register for a vendor account (“Vendor Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Foodkravings is allowed to reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years
You confirm that you signed up with Fookkravings.com and Apps for the purpose of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Fookravings.com & Apps will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Fookravings.com & Apps and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Fookravings.com & Apps can only be authenticated if they come from your primary Account email address.
You are responsible for keeping safe and secured your password and usernames secure. Fookravings.com & Apps cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You acknowledge that you are responsible for the creation and operation of your Fookravings.com & Apps Store.
Fookravings.com & Apps is not a marketplace. Any contract of sale through your Fookravings.com & Apps Store is directly between you and the buyer.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service may result in an immediate termination of your Services.
Control and Dispute
Fookravings.com and Apps reserves the right to hold back your payment due to un-satified client. Foodkravings.com & App would investigate and stand as judiciary between seller and Customer
Marketing Tools/Support, Products, Availability of products etc.
The Vendor will keep Fookravings.com & Apps informed at all times about the availability of their products in its inventory along with detailed specifications like as may be required of the product.
Fookravings.com & Apps as such shall not charge any monthly fee or providing webspace/display on website. However for all such sales that are made/generated using the website, app or Others, 2% Commission would be charged per successful and shall be paid by the Vendor to Fookravings.com & Apps. Fookravings.com & Apps can modify any rate of fees/commission in respect of any product. The Details of commission rate would be share along with the agreement.
Order, Handling, Delivery service etc.
Orders for the product shall be received using the website www.grabthis.in and shall be forwarded to the Vendor by Fookravings.com & Apps via email/Telephone/Fax.
The Vendor shall upon receipt of the order from Fookravings.com & Apps immediately arrange to deliver the products (in case the delivery responsibility taken) to the designated address as early as possible but in any case the dispatch shall be made within 20mins.
The vendor shall ready the product whenever the product purchase notification received (in case Fookravings.com & Apps taken the responsibility of delivering the product).
The Vendor shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Vendor to the customer.
The Vendor agrees to be liable for rejected products supplied to the customer at its own cost and shall not hold Fookravings.com & Apps responsible in any manner whatsoever.
To deliver the product of the ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Vendor shall maintain adequate stock/inventory of the items at all times.
Warranties, Representations and Undertakings of the Vendor
The Vendor warrants and represents that
The signatory to the present agreement is having the right and full authority to enter into this Agreement with Fookravings.com & Apps and the agreement so executed is binding in nature.
All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Vendor.
There are no proceedings pending against the Vendor, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement.
That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with Fookravings.com & Apps.
Rights of Firm:
Vendor agrees and acknowledges that Fookravings.com & Apps, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of foodkravings.com Shopping Website or App. In such an event, Fookravings.com & Apps reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor
At any time if Fookravings.com & Apps believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of grabThis Shopping, Fookravings.com & Apps shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, forthwith remove/block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
The Vendor indemnifies and shall hold indemnified Fookravings.com & Apps, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to Fookravings.com & Apps shall also include the Mobile Operators and such other agencies through whom Fookravings.com & Apps shall make the Online Store available to the Customers.
This article shall survive the termination or expiration of this Agreement.
Limitation of Liability
Fookravings.com & Apps on the basis of representation by the Vendor is marketing the products of the Vendor on the shopping portal foodkravings.com and Her Apps and Others to enable Vendor to offer its products for sale through the said platforms. This representation is the essence of the Contract.
It is expressly agreed by the vendor that Fookravings.com & Apps shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Vendor agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through online shopping portal foodkravings.com and her Apps (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold Fookravings.com & Apps harmless and indemnified against all such claims and damages. Further Fookravings.com & Apps shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.
Fookravings.com & Apps under no circumstances will be liable to the Vendor for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Vendor has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Vendor to have been deliberately caused by Fookravings.com & Apps.