Terms and Conditions
These terms of use (the “Terms of Use”) govern your use of our website www.faydeka.com (the “Website”) and our “faydeka” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Services”).
Please read these Terms of Use carefully before you download, install or use the Services.
1.If you do not agree to these Terms of Use, you may not install, download or use the Services. By installing, downloading or using the services, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
- The Services is operated and owned by SHOP FUN DEAL PRIVATE LIMITED
(hereinafter referred to as “FAYDEKA”, “we”, “us” or “our”), a company registered in Mumbai.
- We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website.
Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.
- How the Services and Service works,
4.1 We are an online platform providing you an online platform to:
(a) order product and services online from the list of local shops and services provider on faydeka.
(b) Order food online from the list of restaurants and eateries available on the faydeka (“Restaurants”, ”Hotels”, “ Caterers”, “Home Cooked Food”, ”Tiffin services”, ”Chat corners”, Food Trucks”, “Street Food Venders” ).
(c) Order over-the-counter medicines from the list of chemists available on the faydeka (“Chemist”, ”Medical”, ”pharmacy”).
(d) Order Apparel, Jewelry, Home Appliance, Sports goods, Gifts, Stationery, Car and Bike Accessories, Cake, Footwear & Bags, Hardware & Electrical, Automobile, Handicraft, Water Tank Suppliers and other product listed on Faydeka.com.
(e) Book Services and appointments through Faydeka (“Doctor”, “ Salon & SPA”, “Gym” , “ Real Estate”, ”Pest Control”, ”Car Dealers”, ”Tours & Travels”, ”Theaters”, ”Packers & Movers”, ”Babysitting”, ”Electrician & Plumber”, ”Astrologer & Vastu”, ”Security & Services”, ”Car Rental”, ”Photo studio”, ”Car and Bike Accessories” and other services listed on faydeka.com.
For ease of reference all listed product and services on faydeka.com shall collectively be referred to as “Vendors” and individually “Vendor”.
4.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.
4.3 Our responsibilities are limited to facilitating the availability of the Services.
- Account Registration or use of the Services
5.1 You may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“faydeka Account”) and become a member (“Member”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our services, as described below. As part of the functionality of the Services, you may link your faydeka Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Services; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
5.2 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
5.3 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the services via your faydeka account
5.4 Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms.
5.5 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your faydeka Account on the services.
5.6 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS content will no longer be available on and through the Services.
5.7 We will create your faydeka account for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above.
5.8 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
5.9 We reserve the right to suspend or terminate your faydeka account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
5.10 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your faydeka account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your faydeka account.
5.11 Goods and services purchased from the Services are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
- Bookings and Financial Terms
6.1 The Services allows you to make food order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.
6.2 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.
6.3 As a general rule, all orders (groceries, food , medicines and other product and services listed on faydeka) made are treated as confirmed unless cancelled in accordance with the procedure set out on the Website.
6.4 However, upon your successful completion of booking an order, the concerned Vendor may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with the Vendor, including but not limited to (i) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to their attention.
6.5 In addition to the foregoing, the Vendor may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time the Vendor is confirming the order, we will cancel your order and the provisions of the cancellation policy below shall be applicable.
6.6 You can pay by credit card or debit card or cash at the time of delivery.
- Cancellations and Refunds
7.1 Cancellation
(a) As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.
(b) However, in the unlikely event of an item on your order being unavailable, the Vendor will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order.
(c) The Vendors reserve the sole right to cancel your order in the following circumstance:
(i) In the event of the designated address following outside the delivery zone offered by the Vendor;
(ii) Failure to contact you by phone or email at the time of confirming the order booking;
(iii) Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
(iv) Unavailability of all the items ordered by you at the time of booking the order; or
(v) Failure due to reasons beyond the Vendor’s control or attributable to the Vendor.
- Terms of service
8.1 You agree and acknowledge that we shall not be responsible for:
(a) The services or goods provided by the Vendor including, but not limited, quality of the
grocery items, serving of food orders suiting your requirements and needs;
(b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
(c) The availability or unavailability of certain items with the Vendor; or
(d) The Vendor serving the incorrect orders.
8.2 The details of the products/ items listed on the Services are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.
8.3 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
8.4 Your order will be only delivered to the address designated by you at the time of placing the order on the Services. The Vendors reserve the right to cancel the order, in their sole discretion, in the event of any change to the place of delivery. Delivery in the event of change of the delivery location shall be at the Vendor’s sole discretion.
8.5 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such order shall be deemed to have been delivered to you and all risk and responsibility in relation to such
goods shall pass to you.
8.6 You understand that the Vendors liability ends once your order has been delivered to you.
8.7 Services provided:
(a) You agree and acknowledge that neither us nor the Vendor shall be liable in the event of you failing to adhere to the Terms of Use.
(b) You might be required to provide your credit or debit card details to the approved payment gateways while booking any order. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verification’s or by law,
regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
8.8 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
8.9 If you use the Services/FAYDEKA, you do the same at your own risk.
8.10 You agree that the Services/FAYDEKA shall be provided by us only during the working hours of the relevant Vendors.
- No Endorsement
9.1 We do not endorse any Vendor. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any of your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
9.2 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
- General terms of use
10.1 Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy, you shall immediately discontinue its use.
10.2 If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
10.3 As we are providing services in all 28 states and 7 union territories of India (collectively “Cities” and individually “City”) have complied with applicable laws of India in making the Services and its content available to you. In the event the Services are accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside the aforementioned Cities. If you choose to access or use the Services from or in locations outside a City, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and guidelines.
10.4 You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.
10.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
10.6 You agree to receive promotional SMS’s from Faydeka or allied partners. In case you wish to opt out of receiving promotional SMS’s please send a mail to support@ Faydeka.com
10.7 By using the Services you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the
discussion of illegal activities with the intent to commit them.
(iv) All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or
otherwise transmit or make available.
(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your
product or service contact support@faydeka.com
(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a) any part of the Services or the Services software; or
(b) any equipment or any network on which the Services is stored or any equipment of any Third
Party .
- Access to the Services, Accuracy and security
11.1 We endeavor to make the Services available to during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
11.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
11.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.
11.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
- Relationship with operators if the Services are accessed on mobile devices
12.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
12.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.
12.3 You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Use.
12.4 The license granted to you for the Services is limited to a non-transferable license to use the Services on a mobile device that you own or control and as permitted by these Terms of Use.
12.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
12.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
12.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
12.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
12.9 You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third Party beneficiary thereof.
- Disclaimers
13.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME
FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
13.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC
DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN
PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE
DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE
SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A
RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT
IN EVERY CASE.
13.3 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON
THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH
SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE
THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE
AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR
WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS
ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND
NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR
IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY
DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US
WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.
13.4 WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO
PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE
INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE
WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES,
REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR
IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE,
QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN
ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO
EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION
MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
13.6 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND /
OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING
THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR
COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR
THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED
UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM
DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON
THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER
SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY
MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS,
BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES
FROM ANY KIND OF PROFESSIONAL LIABILITY.
13.7 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR
INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE
SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE
OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
13.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM
PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY
SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH
THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
- Intellectual property
14.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the
material published on it. Those works are protected by copyright laws and treaties around the
world. All such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any page(s) from the Services
or our website for your personal reference and you may draw the attention of others within your
organisation to material available on the Services.
14.3 You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text.
14.4 You must not use any part of the materials on the Services for commercial purposes without
obtaining a licence to do so from us or our licencors.
14.5 If you print off, copy or download any part of the Services in breach of these Terms of Use,
your right to use the Services will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made.
- Treatment of information provided by you
15.1 We process information about you in accordance with our Privacy Policy.
15.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable
licence to use any material which you submit to us on the Services for the purpose of use on the
Services or for our generally marketing (by any means and in any media, including, but not
limited to, on our website or in our journals) our services. You agree that you waive your moral
rights to be identified as the author and we may modify your submission.
- Third Party Content
16.1 We cannot and will not assure that other users are or will be complying with the foregoing
rules or any other provisions of this Terms of Use, and, as between you and us, you hereby
assume all risk of harm or injury resulting from any such lack of compliance.
16.2 You acknowledge that when you access a link that leaves the Services, the site you will
enter into is not controlled by us and different terms of use and privacy policy may apply. By
assessing links to other sites, you acknowledge that we are not responsible for those sites. We
reserve the right to disable links to and / or from third-party sites to the Services, although we are
under no obligation to do so.
17. Severability: If any of these terms should be determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any state or country in which these terms are intended to
be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or
unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive,
remain in full force and effect and continue to be binding and enforceable.
18. Non-assignment: You shall not assign or transfer or purport to assign or transfer the contract
between you and us to any other person.
19. Governing law and dispute resolution: These Terms of Use are governed by the laws of
India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter
arising under or relating to this website, shall be subject to the jurisdiction of the courts at
Mumbai, India.
Faydeka – Use of the Website and Apps(Android and iOS)
You agree, undertake and confirm that Your use of Website shall be strictly governed by the
following binding principles:
1. You shall not host, display, upload, download, modify, publish, transmit, update or share
any information which:
a. belongs to another person and which You do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
c. is misleading or misrepresentative in any way;
d. is patently offensive to the online community, such as sexually explicit content, or content
that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or
“spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or
libellous;
h. infringes upon or violates any third party’s rights [including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized disclosure of a
person's name, email address, physical address or phone number) or rights of publicity];
i. promotes an illegal or unauthorized copy of another person’s copyrighted work (see
“Copyright complaint” below for instructions on how to lodge a complaint about uploaded
copyrighted material), such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
j. contains restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
k. provides material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
l. provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer viruses;
m. contains video, photographs, or images of another person (with a minor or an adult).
n. tries to gain unauthorized access or exceeds the scope of authorized access to the Website
or to profiles, blogs, communities, account information, bulletins, friend request, or other
areas of the Website or solicits passwords or personal identifying information for
commercial or unlawful purposes from other users;
o. engages in commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of
products related to the Website. Throughout this Terms of Use, Faydeka prior written
consent means a communication coming from Faydeka Legal Department, specifically in
response to Your request, and expressly addressing and allowing the activity or conduct for
which You seek authorization;
p. solicits gambling or engages in any gambling activity which is or could be construed as
being illegal;
q. interferes with another USER’s use and enjoyment of the Website or any other individual’s
User and enjoyment of similar services;
r. refers to any website or URL that, in our sole discretion, contains material that is
inappropriate for the Website or any other website, contains content that would be
prohibited or violates the letter or spirit of these Terms of Use.
s. harm minors in any way;
t. infringes any patent, trademark, copyright or other intellectual property rights or third
party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve
the sale of counterfeit or stolen products;
u. violates any law for the time being in force;
v. deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
w. impersonates another person;
x. contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or contains any trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
y. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of any criminal
offence or prevents investigation of any offence or is insulting any other nation.
z. shall not be false, inaccurate or misleading;
i. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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;
ii. shall not create liability for us or cause us to lose (in whole or in part) the services of
our internet service provider (“ISPs”) or other suppliers.
2. You shall not use any “deep-link”, “page-scrape”, “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 Website or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the Website or any
Content, to obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. We reserve our right to bar any
such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website,
or any other systems or networks connected to the Website or to any server, computer,
network, or to any of the services offered on or through the Website, by hacking, “password
mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected
to the Website nor breach the security or authentication measures on the Website or any
network connected to the Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other customer, including any
account on the Website not owned by You, to its source, or exploit the Website or any
service or information made available or offered by or through the Website, in any way
where the purpose is to reveal any information, including but not limited to personal
identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s)
about us or the brand name or domain name used by us including the terms faydeka, or
otherwise engage in any conduct or action that might tarnish the image or reputation, of
faydeka or sellers on platform or otherwise tarnish or dilute any faydeka trade or service
marks, trade name and/or goodwill associated with such trade or service marks, trade name
as may be owned or used by us. You agree that You will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Website or faydeka systems or networks, or any systems or networks connected to faydeka
6. You agree not to use any device, software or routine to interfere or attempt to interfere with
the proper working of the Website or any transaction being conducted on the Website, or
with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin
of any message or transmittal You send to us on or through the Website or any service
offered on or through the Website. You may not pretend that You are, or that You represent,
someone else, or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited
by these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of faydeka and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in Force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of our Service and Your listing,
purchase, solicitation of offers to purchase, and sale of products or services. You shall not
engage in any transaction in relation to our Services, which is prohibited by the provisions of
any applicable law including exchange control laws or regulations for the time being in
force.
10. In order to allow us to use the information supplied by You, without violating Your rights or
any laws, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-
free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity,
database rights or any other rights You have in Your Information, in any media now known
or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the
Website.
11. From time to time, You shall be responsible for providing information relating to the
products or services proposed to be sold by You. In this connection, You undertake that all
such information shall be accurate in all respects. You shall not exaggerate or
overemphasize the attributes of such products or services so as to mislead other Users in any
manner.
12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy
or sell any products or services, including, but not limited to, products or services related to
that being displayed on the Website or related to us. You may not transmit any chain letters
or unsolicited commercial or junk email to other Users via the Website. It shall be a
violation of these Terms of Use to use any information obtained from the Website in order to
harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without our prior explicit consent. In order to protect our Users
from such advertising or solicitation, we reserve the right to restrict the number of messages
or emails which a user may send to other Users in any 24-hour period which we deem
appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- We reserve the right, but have no obligation, to monitor the materials posted on the Website. faydeka shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect faydeka views. In no event shall faydeka assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- faydeka shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), Hacking, Pen Testing attempts without our prior consent or a mutual legal agreement.
Terms of service
THESE TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.
THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN FAYDEKA.COM AND USER (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN THE FAYDEKA.COM AND USER FOR THE USE OF THE WEBSITE (DEFINED BELOW).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENT TO FAYDEKA.COM AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011.
These Terms of Use of the website located at the URL https://FAYDEKA.COM , mobile sites or mobile application (“Website”) is between Faydeka Ventures PVT .LTD (“FAYDEKA.COM ” or “We” or “Us” or “Our”), an PVT LTD incorporated under the Laws of India with its registered office situated at Flat No D/203 2nd Floor Philps Co.Op Hosing So, LTD, Bhobhola Papdi Rd Sand, Vasai Thane MH 401201 and the guest users or registered users of the Website (“You” or “Your” or “Yourself” or “Customer”) describe the terms on which the FAYDEKA.COM offers You access to the Website and such other services as are incidental and ancillary thereto.
These Terms of Use is a contract between You and FAYDEKA.COM . These Terms of Use shall be read together with the Privacy Policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Use.
- Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as FAYDEKA.COM will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
- Only Customers who are 25 years of age or older may use the Website.
- in reserves the right to refuse access to the Website if it is brought to FAYDEKA.COM ’s notice or if it is discovered that You are under the age of 25 years.
You agree and undertake that when using a Website, You will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Any information provided by You on this site shall not be misleading in any way;
- use any 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 Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website;
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
We do not sell, offer to sell or solicit sales of alcohol. Our services enable You to search online for alcohol and other products available for sale by licensed alcohol retailers in the state of Maharashtra that use our e-commerce service (“Retailers“). The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When You search for a product, the service shows You its availability, price and other information based on Your location and information provided by the Retailers that service Your location; if You prefer, You may sort and filter results based on search criteria. Our service may be limited or not available at all in some places due to local law restrictions or other restrictions.
We do not guarantee shipping or delivery times and are not liable for any actions, products, or content of the Retailers.
You may register with only one (01) account. The information You provide must be accurate and complete, and You must keep it current. Use Your legal name and actual date of birth on all accounts and orders You create. You are responsible for use of Your account, so do not let anyone else use it. Keep Your username and password confidential. If You suspect unauthorized activity notify Us immediately.
If You wish to deactivate Your account for any reason, please send a request to Our team. If We wish to deactivate Your account for any reason, We may do so in our sole discretion without notice to You. We may, but is not obligated to, reactivate an account upon written request by You to Our team.
We grant You a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the service. You may use the service only as permitted by these terms and law. All rights not expressly granted in these terms are reserved. You may not resell or otherwise make commercial use of the service or its contents; collect and use any product listings, descriptions, or prices; make any derivative use of the Service or its contents; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Service. This license will terminate if You do not comply with these Terms.
According to recent rules as laid down by the government of Maharashtra, We will only deliver liquor only to those customer who have a liquor permit and no delivery will be allowed in containment zones, until further notification by the Government.
- ID VERIFICATION AND OTHER SAFETY CHECKS
It is the responsibility of the Retailer and any delivery provider they use to verify the liquor permit and to determine whether it is otherwise safe and appropriate to furnish You with alcohol.
If we believe that Your order is fraudulent or unlawful, We may alert the Retailer and suspend Your use of the Service.
Faydeka ventures Pvt Ltd. and its licensors own the service and its contents, including patent, copyright, trade secret, trademark, show-how, know-how and any other intellectual property rights therein.
- PRICES, TAXES AND CHARGES
Retailers set the price of their products on the Website. Your order shall be inclusive of delivery fees and applicable taxes but exclusive of internet handling charges, if any and such other additional charges as may be imposed by the government of Maharashtra on online purchase of alcohol.
In accordance with the recent notification laid down by the Government of Maharashtra and subjected to further amendments, Retailers can only deliver between 10:00 AM to 10:00 PM (Sunday to Saturday). Any order placed after the delivery timings; the order will be delivered on the next day, unless cancelled.
- We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
- You acknowledge that when You access a link that leaves the Services, the site You will enter into is not controlled by Us and different terms of use and privacy policy may apply. By assessing links to other sites, You acknowledge that We are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.
When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
Nothing contained in these Terms of Use constitutes a license in favor of the Customer to use trademarks, service marks or logos and/or any other marks, owned by FAYDEKA.COM that may be reflected on the Website (“IPR”). Any use by Customer of IPR will be only with the prior written permission from Us. You acknowledge that We are the sole and exclusive owner of Our respective IPR’s and agree that You will not contest the ownership of the said IPR’s for any reason whatsoever.
The Website and the Services are provided on an “as is” basis. We do not make any other representations or warranties of any kind, express or implied, including without limitation that the Website or the Services will meet Your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.
You shall indemnify and hold harmless FAYDEKA.COM , its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
IN NO EVENT SHALL FAYDEKA.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, YOU WAIVE NOMINAL DAMAGES, LIQUIDATED DAMAGES, STATUTORY DAMAGES, CONSEQUENTIAL DAMAGES, PRESUMED DAMAGES, AS WELL AS THE IMPOSITION OF COSTS AND ATTORNEY’S FEES.
These Terms of Use are effective until terminated. You agree that We may terminate your access to or use of the site or any portion thereof, at any time, if you breach these Terms of Use, or we reasonably believe that you have breached these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice to you. You further agree that neither we nor our affiliated entities will be liable to you or any third party for any termination of your access to or use of the site.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Use to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Taluka Vasai – District Palghar, India.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Nilesh Meher
Address: Flat No D/203 2nd Floor Philps Co.Op Hosing So, LTD, Babhola Papdi Rd Sand, Vasai Thane MH 401201 IN, .Phone: +91 74981 30621
Email: faydeka.tech@gmail.com
Timings: 10:00 AM – 6:00 PM
