Last Updated: 18/12/17
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE AND/ OR APP OR ORDERING PRODUCTS FROM THIS WEBSITE AND / OR APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
KitchenFry as a business name is owned and managed by M Raghavendra Nikhil herein referred as KitchenFry an E-Commerce operator. The domain name www.KitchenFry.com and the App KitchenFry is owned by KitchenFry
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.kitchefry.com (the “Website”) & the KitchenFry (App) , KitchenFry (“Business Name”) offer of products for purchase on this Website & App, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. KitchenFry reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. KitchenFry will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website and/or App. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. KitchenFry encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website and/or App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with KitchenFry for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website and /or App.
Account & Registration Obligations
Every shopper have to signup & login for ordering on KitchenFry Site or App
The information provided by you while signup should be true and best of your knowledge and the same information will be used for further communication related to your orders on this site or app. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service.
While registration process we may collect the following information about you:
Mobile phone number and contact details,
And information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
Every product which appears on the website or app are sold on MRP unless its specified. The prices mentioned while ordering keeps unchanged at the date of delivery. Despite the prices of most of the products keep varying on a timely basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
We at KitchenFry try to show up the description of the products as accurate as possible on the Website and the App. Even though, KitchenFry wouldn’t guarantee that the product description, colour, information or other content of the Website and the App is accurate, complete, reliable, current or error-free.
The Website and App may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product and the information provided is for reference only, the actual products may vary.
KitchenFry is in no manner responsible for any manufactural side-effects. Manufacturers / Producers of the products shall be solely responsible for such side effects and consumer complaints.
Unless you notify our third party call center reps or direct KitchenFry sales reps, while they are calling you / in mail, of your desire to opt out from further direct business communications and solicitations, you are agreeing to continue to receive further emails and call solicitations KitchenFry and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: email@example.com. .
- You can call us and request for opt out by authenticating your personal info
KitchenFry has proprietary rights and trade secrets in the Products and/or services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by KitchenFry. Also has rights to all trademarks and trade dress and specific layouts of this webpage & app, including calls to action, text placement, images and other information.
Coupons and Promo Codes
From time to time, we may at our discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Marketplace. Unless specifically stated on the code or coupon, a promotional code or coupon shall:
- expire at 12:00AM (inclusive of the issuance date) from the date of issuance endorsed thereon;
At the time of using promotional codes and coupons for a purchase on the Marketplace, the payment mode “cash on delivery” shall not be available for making payments towards the order.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of KitchenFry
KitchenFry owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. KitchenFry will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
KitchenFry is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. KitchenFry does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site.
You grant KitchenFry the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify KitchenFry and its affiliates for all claims resulting from any Comments you submit. KitchenFry and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Some words, phrases, names, designs or logos used on the Site may constitute trade marks or trade name
You may not/ shouldn’t design or utilize the trademark, logo, or other ownership information without written consideration. Any unauthorized use of content/information terminates the permission by us.
Website & The App
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. KitchenFry does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that KitchenFry does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies.
Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. KitchenFry does not endorse the contents on any such third-party websites. KitchenFry is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website and App; KitchenFry is not responsible for any damages resulting from use of this website or app by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from KitchenFry or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website/App, you hereby grant KitchenFry a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. KitchenFry does not have the ability to control the nature of the user-generated content KitchenFry offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. KitchenFry is not liable for any damage or harm resulting from any posts by or interactions between users. KitchenFry reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content KitchenFry deems objectionable, in Muscle UP Nutrition ‘s sole discretion.
Cancellation by Site / Customer
- You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the (except payment gateway charges)
- KitchenFry can solely cancel the orders when the vendor/ suppliers fails to supply the products due to any reason and will notify the same and /or
- If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Please refer our cancellation policy associated with this agreement
Return & Refunds
We have a separate “return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are damaged . We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site and / or App. This can be used to pay your subsequent shopping bills on KitchenFry.
Disclaimer Of Warranties
Your use of this Website/App and/or products are at your sole risk. The Website/App and products are offered on an “as is” and “as available” basis. KitchenFry expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
Without limiting the generality of the foregoing, KitchenFry makes no warranty:
That the information provided on this Website/App is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of liability
Permission & Content access
As a user of this Site and App, you are granted a limited license to use the information for personal and non commercial use only Any other use of the information is prohibited. None of the information may be otherwise reproduced, republished or re-disseminated in any manner
We grant only limited access of this site for downloading. We doesn’t allow to commercial use or resale of the contents of KitchenFry
KitchenFry entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
KitchenFry will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from
(1) the use or the inability to use the website content or products;
(2) the cost of procuring substitute products or content;
(3) any products purchased or obtained or transactions entered into through the website; or
(4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless KitchenFry its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability KitchenFry or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Force Majeure. KitchenFry will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
Cessation of Operation. KitchenFry may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and KitchenFry and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of KitchenFry to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website & App originates from the Ballari (Bellary), Karnataka, India.. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor KitchenFry will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination. KitchenFry reserves the right to terminate your access to the Website and the App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, App and KitchenFry may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website and App is terminated, KitchenFry reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website and App. This Agreement will survive indefinitely unless and until KitchenFry chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. KitchenFry makes no representation that the Website & App or Products are appropriate or available for use in locations outside India. Users who access the Website and/or App from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Objectionable Material You understand that by using this Website or any services provided on the Website and the App, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website / App and any service at your sole risk and that to the fullest extent permitted under applicable law, KitchenFry and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. KitchenFry may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
AGREEMENT TO BE BOUND
BY USING THIS WEBSITE AND APP OR ORDERING PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.