This document is an electronic record in terms of Information Technology Act, 2000, and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Use and access of this Website is governed by and subject to the Terms & Conditions provided herein. If you do not agree to these terms, or if you do not agree with our privacy policy, which is available by clicking here, please do not use the application or any services offered by the application. Your visiting, dealing, transacting and/or otherwise using this application shall be treated as you run conditional acceptance of these Terms & Conditions in entirety. Terms & Conditions shall be treated as legally binding and enforceable agreement between the firm and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or initiate and do any transaction on this application.
The information, products and services including but not limited to shopping services, search services and any and/or all other services of whatsoever nature, offered on this Website, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the application and/ or services is subject to the additional disclaimers and caveats that may appear on the application. The firm, its affiliate companies, associate companies, subsidiaries assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this application. While the firm strives to keep the information relating to the various Products offered on this application accurate, complete and uptodate, the firm, its subsidiaries, affiliates, and associate companies cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The firm may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the application. The firm may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users.
In this Agreement (as defined hereinafter), 'firm' and 'User' have been collectively referred to as "Parties" and individually as "Party".
Definitions The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
"Agreement" shall mean agreement between the firm and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the firm from time to time.
"firm" shall mean Fresh n Healty shakbhaji.?"Product (s)" shall mean any item for sale on the application for consideration.?"User" / "Users" shall mean any person/persons and/or legal entity (ies) who visits, uses, deals with and/or transact at www.sakmarket.com in any way.?Website shall mean www.sakmarket.com, a website owned and operated by the firm for facilitating online transactions.
Eligibility Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the application. If User is not competent to enter into valid contract then User is prohibited to visit, use, and deal and/or transact at the application. User’s visit, dealing and/or transaction at the application shall be treated as User’s representation that User is competent to enter into valid legal contracts under the Indian Contract Act, 1872.
Amendment of Terms The firm is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the firm from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified.
Contents of Website The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by copyright, trademark, trade secrets and other intellectual property rights owned by the firm (as applicable), its subsidiaries, or associate companies or its licensors, as the case may be.?The Website is protected by copyright pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.?The firm’s logos, Product and service marks and/ or names are trademarks are owned by the firm (the "Marks"). Without the prior written permission of the firm, or its affiliates or associated companies, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks.?User's misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the firm will aggressively enforce its intellectual property rights in the application and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.?The content of the application might vary depending on the area User wants to be serviced at.?Access to this application does not confer and shall not be considered as conferring upon anyone any license under any of firm’s or any third party's intellectual property rights. No trademark or service mark license is granted in connection with the materials contained on this Website.?References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to User and do not in any way constitute or imply firm endorsement, sponsorship or recommendation of the third party, information, product or service.?User may download or copy the Contents and other downloadable materials displayed on the Website for personal and non commercial use only. No right, title or interest in any downloaded materials or software is transferred to User as a result of any such downloading or copying. The Contents and software on this Website may be used only as a shopping resource.
Registration Data User shall be entitled to use the Website for any online shopping transaction with or without getting him / her registered on the application after furnishing all relevant information relating to User as sought on the application. User shall be solely responsible for the confidentiality of its User Id and Password.?User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration or shopping transaction. The firm shall be entitled to cross verify those details, if it deems fit. If the firm has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the firm shall be entitled to cancel or suspend the registration or shopping transaction of User permanently or for such period as the firm deems fit. User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The firm reserves the right to refuse registration or shopping order of, or cancel User id in its discretion.
User agrees and understands that the firm shall not be responsible in any manner whatsoever for:?Delivery of Product at wrong address furnished by User? Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or Any deficiency in payment of consideration payable towards the Products purchased on the application.
User shall further be liable to be prosecuted under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the firm.
Privacy Policy This Application collects some Personal Data from its Users.
Types of Data collected Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies and Usage data.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
Mode and place of processing the Data
- Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
- Place
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
- Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
- The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data Personal Data is collected for the following purposes and using the following services: The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior. Google Analytics (Google Inc.) Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. Personal Data collected: Cookies and Usage data. Place of processing: US – Privacy Policy – Opt Out Limited User The User agrees and undertakes not to reverse engineer, modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website.?User shall not disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material using the application. User shall not use application to transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.?User shall not use this application to gain unauthorized access to other computer systems.?User shall not use this application to interfere with any other person's use or enjoyment of the application. User shall not use this application to breach any applicable laws;?User shall not use this application to interfere or disrupt networks or connected to the application. Payment Policy Users may choose Cash on Delivery option of payment where a User is liable to pay the amount against the Order. The payment through Cash on Delivery is managed by firm representatives.?User accepts that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the application. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment.?In such event, it is firm’s policy to redirect User to a payment processing portal hosted by a third party payment processor. firm DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD, DEBIT CARD, NET BANKING OR ANY OTHER FINANCIAL INFORMATION. PLEASE READ THE PRIVACY POLICY ON firm’S PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF USER’S CREDIT/DEBIT CARD OR NET BANKING INFORMATION BEFORE SUBMITTING ANY CREDIT CARD, DEBIT CARD OR NET BANKING OR ANY OTHER FINANCIAL INFORMATION. Shipping & Delivery Normal delivery: For the order placed on 24hours and delivery will be executed before 8:00 PM next day. Delivery Charges: Zero Rs Delivery charge for order above Rs 100 in normal delivery(next day delivery). Rs 20 delivery charge for order below Rs 100 in normal delivery(next day delivery). Subject to the terms and conditions herein, firm shall endeavor to deliver Product within stipulated delivery as provided on the Website, subject to successful realization of payment made against the said Order and availability of the Product(s).?However, User understands and cons that the firm shall not be held responsible for any delay in shipment of Product due to circumstances beyond the control of the firm. The firm, at its discretion, from time to time, may implement policies to compensate customers in case of inordinate shipment delays. Replacement and Refund Our policy lasts till your order gets delivered. We would not take any returns once the product has been delivered successfully. As most of our items are perishable, it would be customer’s responsibility to check the product during the delivery.?We work hard to provide you with produce of the freshest and highest quality. However, occasionally a substandard item might slip through the net. Tell us and replace the item free of charge during at the spot or next delivery schedule or the schedule specified by you depending on availability. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. “Refund” – User can also opt for Refund of the amount paid for buying the Product by placing the Refund Order with the firm’s call center number. Firm shall refund the amount paid by the User directly to the account from which the payment was made within 10 working days of placing the Refund Order. In cases of Cash on Delivery, User will be refunded by means of Cash at the time of pickup arranged for the Product or by a credit voucher. Pickup will be affected by next day delivery cycle. Force Majeure The firm shall not be liable for any failure and/or delay on its part in performing any of its obligation and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the firm, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the firm hereto which prevents timely fulfillment of obligation of the firm hereunder. Product Disclaimer? The color on the actual Product may vary from the color on the application. Therefore, a variation in the Color of Product shall not be treated as any damage or defect in the Product.?All the Products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the Product.?The information printed on the product packaging as shown on the product photos on the website, which may include but not limited to Batch Number, Manufacturing Date, Expiry Date and Price, might differ for the product being delivered to you. Warranty Disclaimer User acknowledges that the firm has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products, content User accesses and/ or uploads, posts, transmits and/ or otherwise contribute via the Website and/ or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the firm from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The services, Products, materials, information, content, Website are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or noninfringement except as provided in the Warranty Terms of the said Products given by their manufacturer. Although the firm has taken adequate safeguard, the firm makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website. User's uses this Website and/ or services at his/ her own risk in accordance with firm’s privacy policy. Changes are periodically made and added to Website and to the information herein. The firm, its subsidiaries, affiliates, and associate companies may make improvements and/or changes to this Website at any time. Governing Law and Jurisdiction This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at RAJKOT shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by firm and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Rajkot. Reviews, Feedback, Submissions All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with User’s use of this Website (collectively, the "Comments") shall be and remain the property of firm. Such disclosure, submission or offer of any Comments shall constitute an assignment to firm of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. firm will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments User submit for any purpose whatsoever, without restriction and without compensating User in any way. User agree that any Comments submitted by them to the Website 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. User further agrees that no Comments submitted 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". firm 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 Website. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. User is and shall remain solely responsible for the content of any Comments they make and User agree to indemnify firm and its affiliates for all claims resulting from any Comments they submit. User agrees to be contacted from time to time via email, SMS and phone call about offers, deals and feedback running at Tazabazar. Objectionable Material By using this Website or any services provided on the Website, User may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which may or may not be identified as such. User agree to use the Website and any service at their sole risk. Indemnity User agrees to defend, indemnify and hold harmless firm, its employees, 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 User’s actions or inactions, which may result in any loss or liability to firm or any third party. This clause shall survive the expiry or termination of this User Agreement. Termination This User Agreement is effective unless and until terminated by either User or firm. User may terminate this User Agreement at any time, provided that User discontinue any further use of this Website. firm may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny User’s access to the Website. Such termination will be without any liability to firm. Upon termination of the User Agreement by either party, User must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our services are limited to Rajkot city only.