Terms & Conditions
Last updated 27th February, 2022
These website terms & conditions (“terms & conditions”) is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and 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 & conditions does not require any physical, electronic or digital signature.
These terms & conditions is a legally binding document between user and EverydaySure (both terms defined below). These terms & conditions 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 user and EverydaySure for the use of the website (defined below).
These Terms & Conditions of the website located at the URL everydaysure.in under the name and style “EverydaySure” (the Website) is between EverydaySure (hereinafter referred to as “EverydaySure” or “We” or “Us” or “Our”) and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which EverydaySure offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
1.1. “EverydaySure” and “EverydaySure Fresh” are the brands owned by EverydaySure India Private Limited, having its registered office at Tricity Symphony, Sector 34C, Kharghar, Navi Mumbai 401210, Maharashtra, India. The domain name everydaysure.in is owned by EverydaySure India Private Limited.
1.2. These Terms & Conditions are subject to revision by EverydaySure at any time and hence the Users are requested to carefully read these Terms & Conditions from time to time before using the Website. The revised Terms & Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms & Conditions. In the event such a facility is provided on the Website, you can determine when EverydaySure last modified any part of the Agreement by referring to the “Last Updated” legend provided in that document. It shall be Your responsibility to check these Terms & Conditions periodically for changes. EverydaySure may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
1.3. If there is any conflict:
(ii) between the Additional Service Terms and any other part of these Terms & Conditions , the Additional Service Terms shall take precedence in relation to that Service;
(iv) between these Terms & Conditions and any other notices, disclaimers or guidelines appearing on the Website, these Terms & Conditions shall take precedence but only to the extent of the conflict.
2.1. The Website is an electronic/online platform that sells Products to other Users (who are buyers / customers), and such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
3.Eligibility to Use
3.1. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Website by EverydaySure for any reason whatsoever. If You are disqualified as per the preceding sentence, you shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms & Conditions with your parent or legal guardian, and in such a case these Terms & Conditions shall be deemed to be a contract between EverydaySure and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2. EverydaySure reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another person.
4.User Account, Password, and Security
4.1. You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
4.2. Registered users: EverydaySure makes certain sections of the Services available to You through the Website only if You have provided EverydaySure certain required User information and created an account and through certain log-in ID and password (“Account”). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Website Login ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information”).
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify EverydaySure of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. EverydaySure cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by EverydaySure or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or EverydaySure has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EverydaySure has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
4.3. Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
5.Payments related Information
5.1. EverydaySure may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. EverydaySure will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that EverydaySure may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms & Conditions to such changes.
5.3. EverydaySure shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder.
5.4. For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and EverydaySure does not control the same and shall be liable for the same.
5.5. Payment Facility for Your orders: EverydaySure may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users and for collection of EverydaySure fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. EverydaySure shall initiate the remittance of the payments made by you for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time.
6.User Obligations and Role of EverydaySure
6.1. Subject to compliance with the Agreement(s), EverydaySure grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
6.2. You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms & Conditions); and (b) any applicable law.
6.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
6.4. You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by EverydaySure. You shall not 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 (as defined below), 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.
6.5. If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6. The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to EverydaySure using the Website / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that EverydaySure does not endorse any User Content on the Website and is not responsible or liable for any User Content. EverydaySure reserve the right to disable access to the User Content on the Website.
6.7. You hereby grant EverydaySure a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms & Conditions; and (iii) that such User Content is lawful.
6.8. You agree, understand and acknowledge that the Website is an electronic platform that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact.
6.9. When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- infringes any patent, trademark, copyright or other proprietary rights;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any EverydaySure server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- 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, the Website, or any other customer of EverydaySure, including any EverydaySure Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of EverydaySure or other third parties;
- 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;
- violate any terms & conditions or guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate the terms of the Agreement.
6.10. You agree that You are solely responsible to EverydaySure and to any third party for any breach of Your obligations under these Terms & Conditions or other Agreements and for the consequences (including any loss or damage which EverydaySure or its affiliates or its vendors may suffer) for any such breach.
6.11. EverydaySure does not pre-screen User Content. EverydaySure has no obligation to monitor any User Content. However, EverydaySure at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if EverydaySure determines in its sole discretion that such User Content is in violation of these Terms & Conditions or any applicable law. Where EverydaySure removes any User Content from the Website, EverydaySure will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute EverydaySure position as an intermediary or impose any liability on EverydaySure with respect to User Content.
6.12. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.14. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
6.15. Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferable to any third party for profit. Accordingly, EverydaySure reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by EverydaySure as per certain criteria. Any rewards or benefits provided by EverydaySure and used by You for placing the ‘Bulk Order’ will not be refunded. An order can be classified as ‘Bulk Order’ if it meets certain criteria adopted by EverydaySure for the purpose of identifying ‘Bulk Order’, including but not limited to:
- Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
6.16. There may be certain orders that EverydaySure is unable to process or pass on buyer’s order to the seller and must cancel. Some situations that may result in EverydaySure inability to process or pass on buyer’s order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
6.17. In case buyer purchases multiple Products in one transaction, we may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate shipping addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
6.18. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
7.Use of Content
7.1. Except as expressly indicated to the contrary in any applicable Additional Service Terms, EverydaySure hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
- You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms & Conditions;
- You may not modify or alter product catalogues available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
7.2. The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3. Any software that is available on the Website is the property of EverydaySure or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of EverydaySure.
8.Intellectual Property Rights
8.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by EverydaySure or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. EverydaySure reserves the right to change or modify the Content from time to time at its sole discretion.
8.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of EverydaySure or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of EverydaySure, the vendor or the third party that may own the Marks.
8.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EverydaySure owns all intellectual property rights to and into the trademark “EverydaySure”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4. Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from EverydaySure or thirty party owner of such Content.
9.Third Party Content
9.1. General third party information such as, lists of dealers, reports on news, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. All Third Party Content is provided on an ‘As Is’ basis. EverydaySure may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. EverydaySure shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.2. In the event any Third Party Content contains links to third party websites, and You visit any such external link, you agree to do so at your own risk, responsibility and liability. EverydaySure makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
10.Disclaimer of Warranties & Liability
10.1. THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY EVERYDAYSURE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EVERYDAYSURE MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERYDAYSURE OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYDAYSURE WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EVERYDAYSURE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVERYDAYSURE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. EVERYDAYSURE HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT EVERYDAYSURE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. EVERYDAYSURE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, EVERYDAYSURE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND EVERYDAYSURE CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. EVERYDAYSURE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EVERYDAYSURE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.Indemnification and Limitation of Liability
11.1. You agree to indemnify, defend and hold harmless EverydaySure, its subsidiaries, affiliates, vendors, agents and their respective partners, directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
11.2. EverydaySure may notify You of any claims which You shall be liable to indemnify EverydaySure against. You will then be required to consult with EverydaySure regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of EverydaySure without the express prior written consent of EverydaySure which can be withheld or denied or conditioned by EverydaySure in its sole discretion.
11.3. Notwithstanding anything to contrary in the Agreement(s), EverydaySure entire and aggregate liability to You under and in relation to these Terms & Conditions or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to EverydaySure under the relevant order to which the cause of action for the liability relates.
11.4. Notwithstanding anything to contrary in the Agreement(s), in no event shall EverydaySure, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not EverydaySure has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
12.1. The Agreement will continue to apply until terminated by either You or EverydaySure as set forth below. If You want to terminate Your agreement with The Gau Company, you may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where EverydaySure has made this option available to You.
12.2. You agree that EverydaySure may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if EverydaySure determines that You have violated the terms of these Terms & Conditions or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to EverydaySure, for which monetary damages may be inadequate, and You consent to EverydaySure obtaining any injunctive or equitable relief that EverydaySure deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EverydaySure may have at law or in equity.
12.3. In addition to Clause 12.2 above, EverydaySure may, at any time, with or without notice, terminate these Terms & Conditions (or portion thereof, such as any individual Additional Terms) with You if:
- EverydaySure is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by EverydaySure is, in EverydaySure opinion, no longer commercially viable;
- EverydaySure has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event EverydaySure faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
12.4. EverydaySure may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
12.5. You agree that all terminations shall be made in EverydaySure sole discretion and that EverydaySure shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
12.6. Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until EverydaySure chooses to terminate them. EverydaySure may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
13.Governing Law and Jurisdiction
13.1. These Terms & Conditions and all transactions entered into on or through the Website and the relationship between You and EverydaySure shall be governed in accordance with the laws of India without reference to conflict of laws principles.
13.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms & Conditions, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and EverydaySure shall be subject to the exclusive jurisdiction of the courts at Navi Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
14.Report Abuse and Take Down Policy
14.1. In the event You come across any abuse or violation of these Terms & Conditions or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please contact us.
15.1. When You use the Website or send emails or other data, information or communication to The Gau Company, you agree and understand that You are communicating with EverydaySure through electronic records and You consent to receive communications via electronic records from EverydaySure periodically and as and when required. EverydaySure will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
16.1. Notice: All notices with respect to these Terms & Conditions from EverydaySure will be served to You by email or by general notification on the Website. Any notice provided to EverydaySure pursuant to these Terms & Conditions should be sent at [email protected]
16.2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void. EverydaySure rights and/or obligations under the Agreement are freely assignable or otherwise transferable by EverydaySure to any third parties without the requirement of seeking Your prior consent. EverydaySure may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. EverydaySure shall have right to transfer Your Account and Account Information to a third party who purchases EverydaySure business as conducted under the Website.
16.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. EverydaySure may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms & Conditions.
16.4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms & Conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
16.5. Principal to Principal Relationship: You and EverydaySure are independent, and nothing in these Terms & Conditions will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and EverydaySure.
16.6. Force Majeure: If performance of any service or obligation under these Terms & Conditions or other Agreement by EverydaySure is, or other third parties in fulfillment of any purchase or transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of EverydaySure or its third parties performing such services as sub-contractor to EverydaySure and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then EverydaySure shall be excused from such performance to the extent of and during the period of such Force Majeure Event. EverydaySure shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
16.7. Grievance: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of EverydaySure for the purpose of this Agreement shall be Mr. Sanjay Kumar with email address: [email protected] EverydaySure may change the aforesaid details from time to time under intimation to You.
17.1. The availability of the Product to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, we may cancel such purchase transaction without any recourse to Buyer. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. EverydaySure shall have the sole discretion to determine the mode of reversal from the above options.
18. Pricing Information
18.1. The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer.
18.2. All prices are exclusive of Tax unless stated otherwise.
19. Delivery of the Product
19.1. There are various delivery models for delivery of purchased Product to the Buyer, as decided by us. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on us and not on the Buyer. EverydaySure represent and warrant that the Products being delivered are not damaged and are exactly those Products which are listed and advertised on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
19.2. Buyer’s shipping address; pin code may be verified with the database of Website before a Buyer proceeds to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider.
19.3. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the EverydaySure for purchase of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
19.4. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state.
19.5. EverydaySure Fresh Further Shipping & Delivery will be governed by our Shipping Policy
20. Return & Refund Policy
20.1. Buyer will not be eligible for return or refund once the order delivered successfully.
20.2. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered.
21. Cancellation of transaction / orders
21.1. Cancellation by EverydaySure: There may be certain orders that EverydaySure is unable to accept and has the right to cancel such order. EverydaySure reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer’s order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. EverydaySure may also require additional verification or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the EverydaySure. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. EverydaySure shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by EverydaySure is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the EverydaySure.
21.2. Cancellation by the Buyer: In case of requests for order cancellations, EverydaySure reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if EverydaySure receives a cancellation notice and the order has not been processed, EverydaySure may cancel the order and refund the amount after deducting the payment gateway transaction fees if any to Buyer within a reasonable period of time. EverydaySure will not be able to cancel orders that have already been processed. Buyer agrees not to dispute the decision made by EverydaySure and accept EverydaySure decision regarding the cancellation.
21.3. Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by EverydaySure in relation to the Product for which the order has been cancelled by the Buyer or by the EverydaySure, Buyer agrees and authorizes EverydaySure to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
22. Feedback and Information
22.1. Any feedback You provide to this Website shall be deemed to be non-confidential. EverydaySure shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) EverydaySure is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) EverydaySure may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from EverydaySure for the feedback under any circumstances.
22.2. To clarify, EverydaySure may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however EverydaySure shall not be obliged to do so. Further, in the event that EverydaySure makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to EverydaySure, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.