1) GENERAL
These Terms of Use (the “Terms of Use”) govern Your use of Our website www.brundavanfarms.com (the “Website”) and Our “V Rich” application for mobile and handheld devices (the “App”). The Website along with subdomains and the App are jointly referred to as the “Platform” or “Brundavan Farms”. Please read these Terms of use carefully before You use the Services. If You do not agree to these Terms of Use, You may not use the Services on the Platform, and We request You to uninstall the App. By installing, downloading, or even merely using the Platform, You signify Your acceptance to the Terms of Use and other Brundavan Farms Policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, Cookies Policy, etc) as posted on the Platform from time to time, 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 Platform is owned by Sri Brundavan Dairy Farms Private Limited, a Company incorporated under the Companies Act, 2013, and having its registered office at Plot 146, Phase 3, Kamalapuri Colony, Hyderabad, Telangana, India, 500073. For these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform or agreed to avail Services by providing Registration Data while registering on the Platform as a registered user using any system. The terms “we”, “us” or “our” shall mean Sri Brundavan Dairy Farms Private Limited.
Brundavan Farms is principally engaged in the business of natural &dairy product manufacturing and is in the supply of various products related to Natural Products &Milk on a subscription and on a non-subscription basis (i.e. Ad Hoc requirements) and allow buyers (“Buyers”) to browse various goods or services (“Products”) offered for sale (“Services”). The Buyers can choose and place orders (“Orders”) from a variety of Products listed and offered for sale on the Platform and We enable the delivery of such Orders at selected localities of Hyderabad (“Delivery Services”).
2) AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Brundavan Farms Policies at any time by posting changes on the Platform, and You shall be liable to update Yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the otherBrundavan Farms policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted, constitutes Your acceptance of the amended Terms of Use and other Brundavan Farms policies. As long as You comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited, revocable privilege to access, enter and use the Platform. By accepting these Terms of Use, You also accept and agree to be bound by the other terms and conditions and Brundavan Farms policies (including but not limited to Cancellation & Refund Policy, Privacy Policy, etc) as may be posted on the Platform from time to time.
3) USE OF PLATFORM AND SERVICES
3.1 All the Products listed on the Platform will be sold at MRP unless otherwise specified. These prices are subject to change with/without notification to You. You agree to pay for the price which is applicable and levied at the date of delivery.
3.2 Milk and its products need to be stored in the refrigerator at a particular temperature level. We recommend that you store the same as any complaints regarding the quality, deficiency of a particular product will be addressed by Our Quality Assurance Team considering the adherence of storage guidelines by You.
3.3 Certain other products like eggs need to be consumed in accordance with the instructions or specifications of the third parties made available on the package if any. We recommend that You consume the same as any complaints regarding the quality, deficiency of a particular product will be addressed by the third parties considering the following instructions or specifications.
3.4 The product images displayed on the Platform are only for reference purposes. While every reasonable effort is made to maintain the accuracy of the information on the Platform, actual product packaging, product size, weight, MRP, and such other product details may contain more and/or different information than what is shown on the Platform. It is recommended not to solely rely on the information presented on the Platform.
3.5 We represent/guarantee/warranty the products/services offered to You. Regarding third-party products or services, We accept no liability for any errors or omissions on their behalf.
3.6 In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, users can notify the same to Us and concerned parties shall be liable for redressing Buyer complaints. In the event You raise any, We shall assist You to the best of Our abilities by providing relevant information to You, such as details of the Manufacturers, Producers/Vendors, and the specific Order to which the complaint relates, to help You in satisfactory resolution of the complaint.
3.7 We may contact You via telephone, SMS, or other electronic messaging or by email with information about the Service to be offered to You or any feedback thereon. Any calls that may be made by Us to you pertaining to any Order booking requests may be recorded for internal training and quality purposes.
3.8 Regarding delivery, You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principle:
You understand that delivery time informed at the time of confirming the Order on Our platform is an approximate estimate and may vary based on various internal and external factors. We may in its absolute discretion send the intimations to You in case of delays in delivery timelines. Alternatively, You may visit the Platform, reach out to the Customer Excellence team for getting updates on delivery timelines.
3.9 Use of the Website and App (Android and iOS): You agree, undertake, and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
3.9.1 Belongs to another person and which You do not have any right to use;
3.9.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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;
3.9.3 Is misleading or misrepresentative in any way and which is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
3.9.4 Harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
3.9.5 Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
3.9.6 Infringes upon or violates any third party 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];
3.9.7 Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
3.9.8 Interferes with another user’s use and enjoyment of the Platform or any third party user’s enjoyment of similar services;
3.9.9 Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
3.9.10 Infringes any patent, trademark, copyright, or other intellectual property rights of 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;
3.9.11 Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing;
3.9.12 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 criminal offense or prevents investigation of any offense or is insulting any other nation;
3.9.13 Is false, inaccurate, or misleading;
3.9.14 Directly or indirectly, offers, attempts to offer, trades, or attempts 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; or
3.9.15 Creates liability for Us or causes Us to lose (in whole or part) the services of Our internet service provider or other suppliers.
3.9.16 You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the Platform.
3.9.17 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 name V-Rich, V-Rich Products, Brundavan Farms, or otherwise engage in any conduct or action that might tarnish the image or reputation, of any party. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or systems or networks, or any systems or networks connected to Brundavan Farms.
3.9.18 You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
3.9.19 You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that you represent, someone else, or impersonate any other individual or entity.
3.9.20 You may not use the Platform or any content on the Platform 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 that infringes the rights of any party.
3.9.21 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 to mislead other Users in any manner.
4) ACCOUNT REGISTRATION OR USE OF THE PLATFORM
4.1 You may access the Platform by registering to create an account (“V-Rich Account”) and become a member (“ Membership”);
4.2 We will create Your V-Rich Account for Your use of the Platform services based upon the personal information You provide to Us. You shall only have one Account with a unique mobile number and are not permitted to create multiple accounts with the same mobile number. If found, You have multiple accounts, we reserve the right to suspend such multiple accounts without being liable for any compensation.
4.3 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.
4.4 We reserve the right to suspend or terminate Your Account and Your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that Your actions may cause legal liability for You, other users or Us; and/or (iii) if You are found to be non-compliant with the Terms of Use.
4.5 Goods and services purchased from the Platform 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.
5) BOOKINGS AND FINANCIAL TERMS
5.1 The Platform allows You to place Order bookings for subscription or otherwise and We will, subject to the terms and conditions set out herein, enable the delivery of such Orders to You. We retain the right to accept or reject Your subscription booking or Order bookings at its sole discretion and fulfillment is subject to the availability of stocks. We shall make good faith efforts to fulfill Orders but it is under no mandatory obligation to do so in case of reasons beyond control, more particularly detailed hereunder.
5.2 As a general rule, all orders placed on the Platform are treated as confirmed. However, upon Your successful completion of booking an Order, We may call You or message You on the telephone or mobile number provided to confirm the details of the Order, the price to be paid. For this purpose, You will be required to share certain information with Us, including but not limited to (i) Your first and last name (ii) Your mobile number; and (iii) Your email address. It shall be Your sole responsibility to bring any incorrect details to our attention.
5.3 In addition to the foregoing, We may also contact You by phone and/or email to inform and confirm any change in the Order, due to availability or unavailability of products or change in the price of the Order as informed to Us.
5.4 All payments made against the Purchases/Services on the Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform. You can pay by
(i) credit card or debit card or net banking;
(ii) any other RBI-approved payment method and available at the time of booking an Order.
You understand, accept, and agree that the payment facility provided by Us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks. Further, by providing a payment facility, We are neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. For some payment methods, the issuer may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction.
5.5 You will be required to enter a valid phone number and email ID while placing an order on the Platform. By registering Your phone number and email ID with Us, You consent to be contacted by Us via phone calls and/or SMS notifications or through message communication service providers including but not limited to Whatsapp, in-app communications, etc, in case of any delivery related updates/information/queries.
5.6 You agree to pay Us for the total amount for the Order placed by You on the Platform. Also, liable to pay any additional charges and/or applicable taxes if any which may be applicable to each transaction.
5.7 All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports the Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank which may include the security of those payment methods, the procedure to cancel regular payments under those methods, any fees or charges payable by Users, chargeback options if any. You are requested to carefully go through each of the terms and conditions of each Bank and payment instrument issuer before proceeding with any transaction on the Platform. We currently use the services of Razorpay Software Private Limited (Razorpay) who provide us with Payment Gateway services for processing the payments made by You on the Platform. The contact details of Razorpay are as under:
“1800 123 1272” and “https://razorpay.com/support/#request”
5.8 While availing any of the payment method/s available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
5.9 We reserve the right to change the price of any product in the Platform any time with/without notice but the same shall not exceed the maximum retail price of the product. Prices stated at the time an order is placed shall apply with respect to that order.
5.10 All payments made against the purchases of products on Platform by You shall be in Indian Rupees only. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.
5.11 You represent and confirm that the credit/debit card that is being used is Yours or that You have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid card details to carry out a transaction on the Application. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of Your payment card refuses to authorize payment to Us, We will not be liable for any delay or non-delivery.
5.12 You understand that products offered by Platform are for personal consumption only and not for further resale. Hence We reserve the right to impose limits on the number of transactions including quantity related restrictions which We may deem fit at its sole discretion.
We reserve its right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by the buyer with Us or breach/violation of any law or any charges imposed by the bank or breach of any policy without giving any reasons. We may do such checks as it deems fit before approving the Buyer’s order for security or other reasons. As a result of such a check, if We are not satisfied with the credibility of the Buyer or genuineness of the transaction, it will have the right to reject such an order. We may delay dispatch or cancel any transaction at its sole discretion, if We are suspicious of any Buyer’s authenticity or activity or if the Buyer is conducting high transaction volumes, to ensure the safety of the transaction.
5.13 In cases where the payment of an order does not get successfully communicated to Our system due to any network or technical issue between the intermediary, bank, or payment gateway wherever applicable, the order shall not be processed and a refund may be initiated for the same. In an unsuccessful attempt, if the customer’s account gets debited, such amounts generally get auto reversed in the same account. We shall not be held responsible for such amounts debited in unsuccessful attempts and customers can raise reversal requests with their bank should there be any unreasonable delay in refund.
5.14 Buyer acknowledges that We will not be liable for any damages, interests, claims, etc. resulting from not processing a transaction or any delay in processing a transaction that is beyond the control of Us.
5.15 Whenever a chargeback (CB) comes from a payment gateway/bank, the following situations may arise:
5.15.1 Item not received CB – Buyer hasn’t received the item. Refunds will be processed in accordance with the outcome of the investigation and We are fully satisfied with the fairness of the transaction.
5.15.2 Item not as described – meaning the item is not what Buyer expected. Disputes will be decided in accordance with the outcome of the investigation and We are fully satisfied with the fairness of the transaction.
5.16 All the products listed on the Platform will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of booking the Order. Although prices of most of the products do not fluctuate on a daily basis. In case the prices are higher or lower on the date of actual delivery additional charges will be collected or refunded or adjusted as the case may be from the wallet balance.
5.17 We facilitate the exchange of delivered products in case of any damage from Our side.