TERMS OF SERVICE
This document is an electronic record as per the Information Technology Act, 2000 (herein after referred to as (“IT Act”) and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the terms and conditions of use for access or usage of a website.
The mobile app “frendy” (“Mobile App”) is owned by Areli Commerce Private Limited (“Frendy”), a company incorporated the Companies Act 2013 having registered office at 705, Shivalik Abaise, Prahlad Nagar, Ahmedabad – 380015.
Your use of the Mobile App and/or the Services signifies your agreement to these Terms of Service and constitutes your binding acceptance of these Terms of Service.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 (which includes minor, undischarged insolvents etc.), are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you shall not use the Services. As a minor, if you wish to use or transact on the Mobile App, such use or transaction may be made by your legal guardian or parents on the Mobile App. Frendy reserves the right to refuse to provide you with access to the Mobile App.
DESCRIPTION OF THE SERVICES
The Mobile App offers the services as a tool wherein a consumer can buy varied products at an attractive price (“Services”). With each purchase, the user will have an opportunity to earn cash back and points on the purchase of the Products. The benefits of the shopping on the Mobile App are not limited to your own shopping and there is far too much that you can get; if you refer any of your friends, family members or even an acquaintance you can earn life time benefits (“Referral Programme”).
The Referral Programme is a community based programme wherein you can earn life time benefits (cash and rewards) through referrals. The referrals benefits are not limited to direct referrals but will extend to referrals referred by your referrals. To know the benefits of Referral Programme and how it works, please refer to FAQs on the Mobile App.
FRENDY SELECT ACCOUNT
Frendy Select account comes with premium features and is about more benefits than the regular Frendy account which you can avail by taking annual subscription of Frendy Select Account at Rs 999 Subscription:
For eligibility and other details and how the Frendy Select Account works, please refer to FAQs
HOW THE CONTRACT IS FORMED
The information set out in the Terms of Service and the detail contained on this Mobile App do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any product(s) shall exist between you and us until your order has been accepted by us and we have sent you an e-mail confirmation that your product(s) has been dispatched. If we do not accept your offer and funds have already been deducted from your account, these will be refunded after necessary adjustment.
Subject to the other provisions of these Terms of Service, Frendy will attempt to help you with any queries or problems that you may have with the Mobile App, the Services or any other actions taken by you through the Mobile App. We encourage you to reach out to us in case you have any request for assistance. Please visit the Contact Us page for information on how to reach out to us.
ACCOUNT AND USE OF SERVICES
Accuracy of Information
The personal information that Frendy requests upon registration or account creation as mentioned above is to be fully and accurately completed. Age verification can be automatically carried out upon completion of registration based on the information entered, but may be subject to further presentation of proof. In the event that false or incorrect data is entered by you, Frendy reserves the right to immediately terminate your account and upon termination you will lose all cash and points earned by you under the Referral Programme.
CONTENT YOU POST OR SUBMIT
By accessing the Mobile App or by creation of an account on the Mobile App, you may be provided with various interactive aspects through which you can communicate with our representative and post information and content on our Mobile App (collectively “Posted Content”).
You shall not host, display, upload, modify, publish, transmit, update or share any Posted Content which:
- belongs to another person and to which you do not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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
- is misleading in any way
- harm minors in any way
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, gambling, money laundering, racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, copyrights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- tries to gain unauthorized access or exceeds the scope of authorized access to the Mobile App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- violates any law for the time being in force
- Information that falsely expresses or implies that such content or material is sponsored or endorsed by Frendy
- impersonate another person
- Involves the transmission of unsolicited mass mailing or “spamming”
- uses any automated systems or means to access, acquire, copy or monitor any part of the Service.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation
- If you post any content or information which breaches or is likely to breach paragraph 8.2 above or which is prohibited under the applicable laws, we reserve the right to terminate and block your account immediately without any notice and deny you access to the Mobile App. Further, we may also initiate such legal actions against you as we deem appropriate.
PAYMENT AND REFUND
Cancellation and Return
- For cancellation, please refer to FAQs on cancellation.
- Once the product is dispatched, you may be entitled to return the product(s) within 7 days from the date of receipt of the products by you, subject to the following condition
- the product is defective
- the product is not in accordance with the specifications
- products that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings.
- Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
- You will not have any right to certain products. For details refer to Return Policy.
- exchange is limited to exchange for the same product, of a different size or colour.
- You will be responsible for the cost of returning the product to us. In this case, if you return the goods to us at our expense, we will be entitled to charge you for the direct cost we incur as a result.
- We will process your refund within 10 days from the date of receipt of products in our warehouse provided the product is not damaged and is returned in the same condition as you received them.
- For details, please refer to Return Policy on the App.
PRICING AND MODE OF PAYMENT
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and provide you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive amount due to you. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an order confirmation).
Payments for the products available on the Mobile App may be made in the following ways:
- Payments can be made by credit cards, debit cards, net banking, wallets, e-gift cards, and reward points.
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
- Cash on Delivery option is available on selected items.
SHIPPING AND DELIVERY
Subject to availability of the Products, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the order confirmation by the delivery date set out in the order confirmation or, if no estimated delivery date is specified, within 15 days of the date of the order confirmation.
Reasons for delay could include:
- Customization of products
- Specialized items
- Unforeseen circumstances
- Delivery area
If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a due amount of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
The Mobile App, the Services 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 Mobile App is owned and controlled by Frendy 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.
The trademarks, logos and service marks displayed on the Mobile App (“Marks”) are the property of Frendy or other respective third parties. You are not permitted to use the Marks without the prior consent of Frendy, or other respective third parties that may own the Marks.
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 Frendy.
THIRD-PARTY PRODUCTS & SERVICES AND HYPERLINKS
Additionally, if you elect to purchase goods or services from third-party companies that place advertising on the Mobile App or the Services, your dealings with those companies, including payment and delivery of goods or services, and any other terms (such as warranties) applicable to those goods or services are solely between you and the companies offering the applicable goods or services. You agree that Frendy shall not be responsible for any loss or damage of any sort relating to your dealings with third-party companies that place advertising on the Mobile App.
Frendy reserves the right to modify these Terms of Service at any time, including without limitation, the right to modify the charges associated with the use of the Mobile App. Revisions to these Terms of Service affecting the existing Services shall be immediately effective. Terms of Service for any new Services shall be effective immediately upon the revised Terms of Service being posted on the Mobile App.
You agree to check these Terms of Service periodically for new information and modifications to the terms that govern your use of the Services. Your continued use of the Mobile App after the new Terms of Service have been updated on the Mobile App shall constitute your agreement to the new Terms of Service.
These Terms of Service will continue to apply until terminated by either you or Frendy as set forth below. If you want to terminate your agreement with Frendy, you may do so by: (i) not accessing the Mobile App; (ii) not using the Services and (ii) deleting your account on the Mobile App. Upon termination, you will not be able to enjoy your cash and points accumulated in your account.
Frendy may, at any time, with or without notice, terminate these Terms of Service with you if:
the provision of the Services to you by Frendy is, in Frendy ‘s opinion, no longer commercially viable
Frendy has elected to discontinue, with or without reason, access to the Mobile App, the Services (or any part thereof).
Frendy may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Termination of your account may include: (i) removal of access to all offerings within the Mobile App or with respect to the Services; (ii) deletion of your records and account information; and (iii) barring of further use of the Services; (iv) you will not be able to use the cash and points accumulated in your account.
You agree that all terminations shall be made in Frendy’s sole discretion and that Frendy shall not be liable to you or any third party for any termination of your account, or your access to the Mobile App and Services.
If you or Frendy terminate your use of the Mobile App and/or the Services, Frendy may delete any content or other materials relating to your use of the Mobile App and/or the Services and Frendy will have no liability to you or any third party for doing so.
You agree to indemnify, defend, and hold harmless Frendy, and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your use of the Services or breach of these Terms of Service. Frendy reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Frendy assumes defense and control, you agree to co-operate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
WARRANTY OF THE PRODUCTS
The products purchased by you through Mobile App are provided on “as is” and “as available” basis without any additional representation or warranties, express or implied other than and to the extent as provided by the manufacturer of the products.
LIMITATION ON LIABILITY
Our liability in connection with any product purchased through our Mobile App is strictly limited to the purchase price of that product. You clearly understand and agree that Frendy shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.
All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise
These Terms of Service shall be governed by and construed in accordance with the laws of India. You consent to the exclusive jurisdiction of courts of Ahmedabad, India.
If any dispute, controversy or claim arises out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination (“Dispute”), you or Frendy shall use all reasonable endeavours to resolve the matter amicably. If you or Frendy (“Claimant”) give the other party (“Respondent”) notice that a Dispute has arisen (“Dispute Notice”) and the Claimant and the Respondent are unable to amicably resolve the Dispute within 30 (thirty) calendar days of service of the Dispute Notice, the Dispute shall be referred to arbitration. The Dispute shall be solely and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996, and the rules thereunder which are deemed to be incorporated by reference into these Terms of Service. The arbitration shall be conducted by a sole arbitrator to be appointed upon your and Frendy ‘s agreement. The venue of the arbitration shall be [Ahmedabad, India]. All arbitration proceeding shall be conducted in English Language.
Any notice or other communication to be given to Frendy by you under or in connection with these Terms of Service shall be in the English language in writing (which shall include electronic mail) and shall be addressed to:
Address: 705, Shivalik Abaise, Prahlad Nagar, Ahmedabad – 380015, Gujarat Attention: Frendy Support Team E-Mail: firstname.lastname@example.org
You agree that the provisions of clause 17 (Indemnity), 18 (Limitation on Liability), 19 (Governing Law), 20 (Dispute Resolution), and 21 (Notices) shall survive the termination of these Terms of Service.
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and Frendy with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Frendy with respect to the Website. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form are subject to.
Frendy may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You agree that you will not assign or delegate any of your rights or obligations under these Terms of Service without the prior written consent of Frendy. Any unauthorized assignment or delegation by you is void and ineffective.
You agree that Frendy shall not be liable for any delay or failure to perform any of its Services due to any cause which is outside the reasonable control of Frendy, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond the control of Frendy, such as network infrastructure failures, hacking, phishing, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials, or other physical or electronic modes for destroying or hindering the Services.
Failure on the part of Frendy to exercise or enforce any right or provision stipulated under these Terms of Service will not, in any event whatsoever, constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and executed or published on behalf of Frendy.
Nothing shall, or shall be deemed to, constitute a partnership between you or Frendy nor, unless expressly provided otherwise, constitute you or Frendy as an agent of each other for any purpose whatsoever.
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
GRIEVANCE REDRESSAL MACHANISM
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these Terms of Service shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to (“Grievance Officer”)
We welcome your comments and feedback. Please send all feedback and comments to us at [email@example.com].