Terms of Service

1. GENERAL

 2. DEFINITIONS

1.  Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
2.  Third Party means a person or an entity who is not a party to this agreement, but has an involvement.
3. Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of EVO, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, Agreements/contracts entered by EVO, formulas, in-house software’s, VPN etc. Intellectual Property of EVO also extends to the content made available to its user(s).
4. Minor shall mean any person below the age of 18 years.
5. Website shall mean evofoods.in.
6. Registration Data shall mean and include any information being provided by the user while registering on the Website. 
7. Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by EVO which is sufficient to identify the individual.
8. Privacy Policy means policy as defined under Section 13, amended from time to time.

 

3. USER(S) CONSENT

1. The Website is designed and developed by EVO. The information and services that are offered on the Website by EVO include, but not limited to, online ordering and payment, food recipes, distributorship information etc.
2. You acknowledge that EVO may collect, use, process or maintain or have access to your Personal Identifiable Information (hereinafter referred to as “PII”). Personal Identifiable Information is any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by EVO which is sufficient to identify an individual (hereinafter referred to as "PII")
3. In relation to any PII being saved or processed, EVO shall meet the requirement of Information Technology Law and shall adopt the technical and organizational measures necessary to secure the PII of User(s).
4. You acknowledge that EVO may use and/ or provide PII to concerned third party(s) from time to time for the purpose of use of the Website.

 

4. USER(S) COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. You acknowledge and undertake that EVO may implement any and all suggestions, enhancements, requests, recommendations, corrections or feedback as may be provided by you from time to time, as EVO may deem fit.
2. You further acknowledge and undertake to grant EVO an absolute, irrevocable, perpetual right to implement the aforementioned suggestions, enhancements, requests, recommendations, corrections or feedback on its Website as EVO may deem fit.
3. You acknowledge that EVO has the sole discretion, without any obligation, to monitor, edit, or remove any content posted/published by you on the Website if:
1. it infringes on rights, including but not limited to, copyright, trademarks, privacy, or any other personal or proprietary right of any person and/or entity; or
2. the you impersonate any living or dead person; or
3. the you employ the use of a false email address; or
4. the content posted by you  is unlawful, pornographic, obscene, offensive, threatening, libelous and defamatory.
4. You acknowledge that EVO shall bear no responsibility or liability for any remarks and/or content posted by you on the Website.

 

5. ELIGIBILITY 

1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent as has been defined under the provisions of the Indian Contract Act, 1872 to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use. Your visit or use of the Website shall be treated as your representation of being competent to enter into a contract.
2. You are responsible for complying with all laws and regulations when you access and use the Website You agree to use the Website only in compliance with these Terms of Use in a manner that does not violate EVO’s legal rights or those of any third party(s).
3. If EVO learns that EVO has collected PII from a minor, then EVO reserves the right to delete the information and the related account.
4. You undertake and accept that you are not barred or otherwise legally prohibited from accessing or using the Website under the laws of India or under any other applicable laws.
5. You agree that EVO does not bear the responsibility to ensure that you fall under the aforementioned eligibility criteria.

 

6. MODIFICATION OF THESE TERMS OF USE

 

1. EVO reserves the right to amend these Terms of Use, related policies from time to time, prospectively or retrospectively including but not limited to complying with changes in regulations, corrections, inaccuracies, omissions, errors or ambiguities to reflect change in the services offered at its sole discretion or as may be required by law, without any prior intimation to you.
2. EVO reserves the right to change, suspend and/or discontinue the Website, including but not limited to the availability of any feature, application, content, service on the Website.
3. Any changes made by EVO will be effective upon publication. You are responsible for reviewing the notices from time to time and your continued use of the Website after such changes signifies your acceptance of such changes. If you do not agree to any changes in the terms, please do not use the Website.
4. EVO reserves the right to alter and/or limit the supply of any service offered on the Website. 
5. EVO makes no guarantee for the quality of any service, content, information or any other material presented on the Website.
6. You agree not to use the services offered by EVO or that will be offered by EVO for any illegal purposes or for transmission of material that is unlawful, harassing, libelous, untrue or damaging to others, invasive of others privacy, abusive, threatening or obscene or that infringes the rights of others.

7. INTELLECTUAL PROPERTY RIGHTS

1. EVO owns the copyright in all text, graphics, user(s) interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereinafter collectively referred to as “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website. The Website and all content in the Website should not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works except that EVO hereby grants you non-exclusive, non-transferable, limited permission to access the Website. This permission is conditioned on you keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Website. 
2. EVO’s logos, product and service marks are intellectual property owned, controlled or licensed to EVO (hereinafter referred to as "Marks"). Without the prior written permission of EVO, or its affiliates or associated companies, you agree not to display or use in any manner, the Marks owned, controlled or licensed to EVO. Nothing contained in the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in or to the Marks.
3. Access to the Website or use of the Website does not confer and shall not be considered as conferring upon you or anyone any license to EVO’S or any third party's Intellectual Property Rights. 

 8. ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. Any order placed by you is subject to EVO’s discretion and availability of that product. EVO shall make its best effort to deliver the products safely and at the earliest.
2. EVO reserves the right to limit or cancel quantities purchased per person, per household, or per order at any time. Orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address may be subject to these restrictions.
3. In case of unavailability of the products ordered by you, EVO reserves the right to cancel such orders by providing a prior intimation of such cancellation on your registered email ID as provided by you at the time of creating your account.
4. In the event of such cancelation of order, EVO shall refund the amount to your account within 8-9 working days of cancellation of the order.

9. REGISTRATION TO USE THE WEBSITE

1. You shall be entitled to use the Website on your mobile/computer by registering yourself as a user(s) on the Website after furnishing all relevant information as sought on the Website. If you choose to register on the Website and provide your Registration Data, you shall be solely responsible for maintaining the confidentiality of your user(s) Id and password. 
2. As the first step of the Registration process, EVO may require you to provide the following Personally Identifiable Information about you including without limitation: 
1. name (first and last name), 
2. email address,
3. contact number
4. postal address
3. You shall also be responsible for all activities that occur under your user(s) Id and password.
4. Further, you agree, inter alia, to: 
1. Provide true, accurate, current and complete information about yourself as prompted by the Website registration form while registering (such information being the "Registration Data"); 
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; 
3. You must immediately notify EVO of any unauthorized use of your password or account or any other breach of security; and 
4. Ensure that you exit from your account at the end of each session. Such information collected shall be subject to the Privacy Policy. 
5. You shall be solely responsible for the accuracy and correctness of all such details/information given by you during registration on the Website.  EVO shall be entitled to cancel or indefinitely suspend or block access to the Website and refuse to provide access permanently or for such period incase EVO has reason to believe that any details/information furnished by You is found incorrect, false, or misleading or otherwise not as accordance with these Terms of Use. 
6. EVO shall not be liable for any loss or damage arising from your failure to comply with this Clause. EVO disclaims any liability for any unauthorized hacking of the Website leading to leakage or any misuse of your PII. 

7. You shall not – 

   1. select a user(s) name, user(s) ID, mobile number and/or mail id, of any other person with the intent to impersonate that person; or 
   2. Use a user(s) id or name subject to any rights of a person without appropriate authorization. EVO reserves the right to refuse registration or order of, or cancel such user(s) id in its discretion.

10. LIMITED USE OF THE WEBSITE

11. OPTIONAL TOOLS

•  EVO may provide access to third-party tools on “as is” and “as available” basis on the Website to the user(s).
•  EVO shall not be held liable for any damage resulting and/or arising from the use of such third-party tools by the user(s).

12. THIRD-PARTY LINKS

1. The Website may include links to the third-party websites; you may be redirected to such third-party websites as the user(s) of this Website. 
2. The third-party sites are not under the control of EVO and EVO is not responsible for the content of any third-party websites and/or any links contained in the third-party websites.
3. EVO is providing these links to the third-party websites to you only for your convenience and EVO is not responsible for any kind of loss and/or damage arising out of it.
4.  The access to or any other act on such third party links shall be entirely at user(s)’s risk.

13. PRIVACY POLICY

1. About this Clause
1. EVO is deeply committed regarding your privacy, confidentiality and security of personal information (hereinafter referred to as “PII”) that resides with EVO. Keeping Your PII secure and preventing any misuse thereof, is therefore a top priority of EVO. EVO is strongly committed to protecting your privacy and has taken all necessary and reasonable measures to protect the confidentiality of any information including PII shared by you. 
2. As used in this agreement, PII shall mean and include any information that alone or in combination with other information related to a specific identifiable individual person. By way of illustration and not limitation, PII includes individual’s name, mobile and address.
3. This clause i.e. Clause 13 describes how EVO collects and handles certain information including PII it may collect and/or receive from you via the use of the website.
4. This clause i.e. Clause 13 shall be effective from the date of the launch of the Website.

Scope of Clause 13 i.e. Privacy Policy

1. This clause i.e. clause 13 applies to current and former Users of the Website. By visiting and/or using/downloading the Website, you are accepting and consenting to the practices described in this Privacy Policy. 
2. This clause i.e. clause 13 explains EVO’s policy regarding the collection, use, disclosure and transfer of your PII by EVO in relation with the use of the website including but not limited to delivery of information and content.
3. This clause i.e. clause 13, applies to all PII collected by EVO during the course of the usage of the website. By using the website, you agree to comply with EVO’s policies. This clause i.e. clause 13 is designed to assist you in understanding how PII is being collected and assisting you in making informed decisions while using the Website.

   Applicability of Clause 13 i.e. Privacy Policy

1. This clause i.e. clause 13, applies to PII as defined in Clause 2.7 of this Agreement and such other information as may be required on need to know basis for the usage of the content offered by EVO.
2. This Privacy Policy is intended to govern the use of Services by EVO’s customers unless otherwise agreed.

1. Information Collected
1.  User’s PII, collected when registering, and is used for efficient and better User experience.
2. By accessing the website, you consent to collection storage, and use of PII provided by you (including any changes thereto as provided).
3. EVO respects your privacy and is committed to reasonably protect it in all aspects. The types of information which may be collected about you by EVO are as follows:
1. Information automatically tracked while navigation
2.  EVO may also collect information through your interaction with and use of the website. This information includes, but is not limited to the following:

1. Data about pages You access
2. Computer IP Address
3. Devices ID or unique identifies,
4. Device Type
5. Geo-location information, 
6. Computer and connection information,
7. Referral URL,
8. Ad data, and
9. Any other information.

1. Cookies
1. EVO may also collect anonymous information through your use of cookies and web beacons. EVO may collect and store any information you may provide to us when you use the content being offered by EVO, including when you add information in a web form, add or update your account information, or when you otherwise correspond with EVO regarding the Services.

1.    Other Information

             EVO may collect such other/additional information on need to basis:

1.  Financial information, such as the full bank account number and or credit card number that you link to your account or give us when you use EVO’s services such as purchasing any product(s).
2.   PAN details, Aadhaar Number, Bank account details, Credit card details, Debit Card details.
3. We may also collect information from or about you from other sources, such as through your contact with us, including our customer support team.
4. Additionally, for quality and training purposes or for its own protection, EVO may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with EVO, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.
5. After obtaining the user’s specific/explicit consent to allow the App to access the user’s SMS inbox, we may collect relevant information from text messages (SMS) received by the users from providers of services and/or products (including but not limited to retail outlets, financial institutions, mobile carriers and utility companies), that will enable us to provide better access to services and products to the users. 
6. In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with EVO for the services provided.

1. Use of PII
1. Your PII may be used to set up and administer your account, provide necessary technical support, verify your identity and send important communication.

• Your PII may be shared by EVO with its related entity for the purpose of promotion of educational content.

 

1. Generating and maintaining your profile on the Website. 
2. Provide personalized features. 
3. Facilitating collection activities as need. 
4. Maintaining regular communications with you concerning transactions that you initiate, such as requesting information or assistance, making payments, transferring funds etc.
5. Modifying the website from time to time to cater to your interests. 
6. Providing the website and the functions, features and services therein efficiently. 
7.  To conduct analytical studies on various aspects including User behavior and preferences etc. 
8. To determine any security breaches, computer containment or computer virus,
9. To investigate, prevent or take action regarding illegal activities and suspected frauds, 
10. To undertake forensics of the concerned Computer resources as a part of the investigation or internal audit. 
11. To enhance the ability of EVO to communicate with you and customers about additional services;
12.   To trace computer resources or any person who may have contravened or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the Website. 
13. To provide technical assistances requiring initial setup, support services or dealing with any suspicious activities from the user accounts.

1. Express Consent
1. You expressly consent to provide details/information/documents to EVO under this agreement.
2. You while providing your details/documents over the website, including but not limited to the personal information or other information as mentioned hereinabove , expressly consent to EVO(including its marketing channels and business partners) to contact you through SMS, call and/ or e-mail and to follow up calls in relation to the Services provided through the website, for imparting product knowledge, offering promotional offers running on website & various other offers offered by its business partners.
3. You hereby authorize and expressly consent us to share your PII and other information with third parties for completion of the services availed.
4. You hereby grant your unambiguous, free and express consent to authorize and appoint EVO to request and obtain, collect, receive any such information including PII as maybe necessary for and on your behalf.

 

14. BREACH

1. Without limiting other remedies, EVO may, at its sole discretion, limit your activity, immediately  remove your information, warn other user(s)s of your actions, immediately temporarily/indefinitely suspend or terminate or block and/or refuse to provide you with access to the Website in the event, but not limited to:
1. If you breach the Terms of Use or any other rules and policies as displayed on the Website;
2. If EVO is unable to verify or authenticate any information you provide;
2. You also agree that any breach by you of these T&Cs or any other rules or policy as displayed on the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to EVO, for which monetary damages would be inadequate and you consent to pay the same to EVO, which shall not forestall the obtaining of any injunctive or equitable relief that EVO deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies EVO may have in law or in equity.
3. If EVO initiates any legal action against you as a result of your violation of these T&Cs or any other rules or policy as displayed over the Website, EVO shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.

15. TERMINATION BY THE USER(S)

1.  The user(s) may terminate his or her consent by:
1. notifying EVO that the user(s) does not wish to utilize the Website or the services provided by the Website; or
2. discontinuing the use of the Website.
2.  You acknowledge that any responsibilities and liabilities accrued prior to the termination date will survive the termination of this Agreement.

 

16. DISCLAIMER OF WARRANTIES

1. You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the website shall be at your sole risk. to the fullest extent permitted by applicable law, EVO, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors disclaim all warranties, express or implied, in connection with the services including website and your use of them. to the fullest extent permitted by applicable law, EVO makes no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the content and assume no responsibility for any:
1. errors, mistakes, or inaccuracies of content, 
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, 
3. unauthorized access to or use of any and all personal information stored therein, 
4. interruption or cessation of transmission to or from the services,
5. bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, 
6. loss of your data or content from the services and/or 
7. errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. 
2. Unless you have been expressly authorized to do so in writing, you agree that in using the Website you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user(s) of such marks, names or logos.

17. LIMITATION OF LIABILITY

1. To the fullest extent permitted by applicable law, in no event shall EVO be liable to you for any damages resulting from any:
1. errors, mistakes, or inaccuracies of content, 
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including software(s), 
3. unauthorized access to or use of our servers and/or any and all personal information stored therein, 
4. interruption or cessation of transmission to or from our servers, 
5. bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,
6. loss of your data or content from the services 
7. errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the EVO is advised of the possibility of such damages, and/or 
8. disclosure of information pursuant to these terms or our privacy policy, 
9. instance of your failure to keep your password or account details secure and confidential, 
10. Loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. in no event shall EVO be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

18. INDEMNIFICATION

1. You agree to indemnify, defend and hold harmless EVO and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from use of the Website and any violation of these Terms of Use.
2.  EVO reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to co-operate with EVO in the defense of such matter. 

19. APPLICABLE LAWS 

• All disputes arising out of or in connection with the present Agreement shall be finally settled under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time
• The arbitration proceedings shall be conducted by a sole court appointed arbitrator +
• The arbitrator's decision and award shall be final and binding on the parties. 
• The seat of arbitration shall be New Delhi, and mode of communication shall be English.
• The seat of arbitration shall be New Delhi, and mode of communication shall be English.
•  Within four (4) months of the arbitrator's appointment, the arbitrator must provide a written reasoned award.
• Both Parties agree to submit to the exclusive jurisdiction of the courts in New Delhi, India for any disputes arising out of or in reference to this Agreement, subject to the arbitration clause above.

 

 20. SEVERABILITY

If any of the provisions of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

21. HEADINGS

Headings of the sections of the Website Policy are inserted for convenience reasons only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Website.

22. SHIPPING POLICY

All orders received will be shipped between 3 - 5 business days. Currently shipping only in Mumbai.

 

23. REFUND POLICY

EVO shall refund the amount to your account within 8-9 working days of cancellation of the order.

 

24. ENTIRE AGREEMENT

• These Terms of Use, as well as any future modification to the same in relation to the use of the Website and/or any service provided by EVO incidental to such use, represents the entire agreement and understanding between EVO and the user(s).
• These Terms of Use shall govern the use of the Website and/or any service provided by EVO incidental to such use, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between EVO and the user(s).
• Any ambiguities in the interpretation of these Terms of Use shall not be used against EVO.