Terms & Conditions

Fyond - Terms of use- V01- oct-2020

This document is an electronic registration within the meaning of the Information Technology Act 2000 and its rules, if applicable. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology Rules (Interim Directives), 2011 which require the publication of the rules and regulations, the privacy policy and terms of use for accessing or using the www.Fyond.com website and the Fyond mobile and portable application.

Terms of use.

These Terms of Service (the "Terms of Service") govern your use of our website www.fyond.com (the "Website") and our "Fyond" mobile and portable application ("the App"). The website and the application are collectively referred to as the "platform". Please read these terms of use carefully before using the services. If you do not agree to these terms of use, you cannot use the services of the platform and we ask you to uninstall the application. By installing, downloading, or even simply using the Platform, you are entering into a contract with Fyond and agreeing to these Terms of Service and other Fyond policies (including, but not limited to, the Cancellation and Refund Policy, Privacy Policy and Withdrawal Policy) as posted on the Platform and modified from time to time, which will be effective on the date you download, install or use the Platform, and create a legally binding agreement to comply with it.
 
The platform is owned and operated by Fyond Private Limited, a limited liability company incorporated under the Companies Act 1956 and having its registered office at No.238L, Model town, Yamuna nagar - 135001, Haryana, India. For the purposes of these Terms of Use, whenever the context requires it, "you", "user" or "User" means any natural or legal person who will perform transactions on the platform by providing registration data. when registering on the platform as a registered user through computer systems. The terms "Fyond", "we", "us" or "our" refer to Fyond Private Limited.
 Fyond enables transactions on its platform between participating grocery, restaurents, medical stores / merchants and buyers, dealing with (a) prepared food and beverages, (b) consumer goods and (c) other products and services ("Services of the platform"). Buyers ("Buyers") may select and place orders ("Orders") for a variety of products and services listed and offered for sale by various merchants, including, but not limited to restaurants, restaurants and retail stores. grocery store ("Marchants"), on the Platform. In addition, the Buyer may also place orders to perform certain tasks on the Platform (“Tasks”).

 Fyond enables the delivery of such orders or the completion of tasks to selected locations in useful cities across haryana ("Delivery Services") by connecting third party service providers, namely pickup and delivery partners (“PDP”)) who will be responsible for providing the pickup. - services for setting up and delivering and executing Tasks initiated by users of the Platform (Buyers or Merchants). The Platform Services and the Delivery Services are collectively referred to as “Services”. For platform services and delivery services, Fyond simply acts as an intermediary between merchants and buyers and / or PDPs and buyers / merchants.

Fyond only provides a communication platform and it is agreed that the contract of sale of any of the products or services will be a strictly bipartite contract between the merchant and the buyer. In the event of a Buyer's complaint regarding efficiency, quality, or any other similar issue, Fyond will notify the Merchant and will also redirect the Buyer to the Merchant's customer service center. The merchant is responsible for resolving the buyer's complaints. In the event you make a complaint about a merchant accessed using our platform, we will assist you to the best of our ability by providing relevant information, such as merchant details and the specific order to which the complaint relates, to allow for a satisfactory resolution of the complaint.

     Similarly to the above, Fyond only provides a platform for communication with PDP and does not provide any pickup and delivery or task completion services in respect of orders placed by merchants / buyers. On the platform because it only facilitates delivery services. connecting merchants / buyers with the PDP through the platform. In the event of any complaint from Merchants / Buyers for non-performance or failure to perform delivery services or job completion services provided by PDP, Fyond will notify PDP and will also assist Merchants / Buyers to the best of its ability to allow a satisfactory resolution of the complaint.
Please Be aware that there may be risks when dealing with minors or underage people and also who act fraudulently.
    
    Fyond: use of websites and applications (Android and iOS)

    You agree, accept and confirm that your use of the Platform will be strictly governed by the following binding principles:
You must not host, view, upload, upload, modify, post, transmit, update or share information that: belongs to someone else and has no rights; is seriously harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libelous, libelous, incites crime or invades the privacy of others, hateful or racial, ethnically objectionable, denigrates, links or encourages money laundering or gambling random, in any other illegal way; or unlawfully threaten or harass, including, but not limited to, “indecent representation of women” within the meaning of the Prohibition of Indecent Representation of Women Act, 1986; is misleading or misleading in any way;or 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 a group or individual;
                               or
harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters", unsolicited bulk direct mail or "spam"; promotes illegal activities or abusive, threatening, obscene, defamatory or libelous behavior; infringes or violates the rights of any third party, including, but not limited to, intellectual property rights, rights to privacy (including, but not limited to, unauthorized disclosure of name, (email address, physical address or telephone number of a person) or publicity rights; promotes an illegal or unauthorized copy of someone else's copyrighted work (see "Copyright Claim" below for instructions on how to file a complaint about downloaded copyrighted content), for example by providing programs pirated computer scientists or links to them, providing information to circumvent the installation of copy protection devices, or providing pirated music or links to pirated music files; contains restricted or password-only pages, or hidden pages or images (those that are not linked to or from another accessible page); provides material that exploits people in sexual, violent or inappropriate ways or requests personal information from anyone; provides educational information about illegal activities such as making or buying illegal weapons, invading someone's privacy, or providing or creating computer viruses; contains videos, photographs or images of another person (with a minor or an adult); attempt to gain unauthorized access or exceed the scope of authorized access to the Platform or to profiles, blogs, communities, account information, newsletters, friend requests, or other areas of the Platform or request passwords or personally identifiable information for commercial or illegal purposes from other users; participate in commercial activities and / or sales without our prior written consent, such as contests, sweepstakes, barters, advertising and pyramid schemes, or the purchase or sale of products related to the platform. In these Terms of Service, Fyond's prior written consent means communication from Fyond's legal department, specifically in response to your request, and expressly addressing and authorizing the activity or conduct for which you are requesting authorization; solicit gambling or participate in any gambling activity that is or may be considered illegal; interferes with the use and enjoyment of the Platform by another user or any third party user and the enjoyment of similar services; refers to any website or URL that, in our sole discretion, contains material inappropriate for the Platform or any other website, contains content that would be prohibited or would violate the letter or spirit of these Terms of Service;

Harm Minors In Any Way;
Infringes any patent, trademark, copyright or other intellectual property rights or trade secrets of third parties or rights of publicity or confidentiality or must not be fraudulent or involve the sale of counterfeit or stolen products;

Violates Any Law Currently In Force;

deceive or mislead the recipient / users as to the origin of these messages or communicate any information of a seriously offensive or threatening nature;

Pretend To Be Someone Else;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains Trojans, worms, time bombs, cancellation bots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish its value, surreptitiously intercept or expropriate any system, data, or personal information; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or incites the commission of any crime or prevents the investigation of an offense or insult to another nation; is false, inaccurate or misleading; directly or indirectly, offer, attempt to offer, negotiate or attempt to negotiate any item the sale of which is prohibited or restricted in any way under the provisions of any applicable law, rule, regulation or directive at that time;                                                                        or

creates liability for us or causes us to lose (in whole or in part) the services of our Internet service provider or other providers.
You must not use any deep link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Platform or any Content, or in any way reproduce or misuse the navigation or presentation structure of the Platform or any Content, to obtain or attempt to obtain any material, document or information by any means that it is not deliberately available through the platform. We reserve the right to prohibit such activity.

You must not attempt to gain unauthorized access to any part or functionality of the Platform, or to any other system or network connected to the Platform or to any server, computer, network or any of the services offered on or through the platform, through hacking. , "password extraction" or any other illegitimate means.

You must not investigate, scan or test the vulnerability of the Platform or any network connected to the Platform or violate any security or authentication measures on the Platform or any network connected to the Platform. You may not reverse search, track, or attempt to track information about any other user or visitor to the Platform, or any other buyer, including any account on the Platform that does not belong to you, your source or operate the platform or any services or information available or offered by through the platform, in any way where the purpose is to reveal information, including, but not limited to, identification or personal information, other than your own information, provided by the Platform.

You must not make negative, derogatory or defamatory statements or comments about us or the brand name or domain name that we use, including the name "Fyond", or any other conduct or action that may tarnish the image or reputation of fyond or of the Merchant on the Platform or tarnish or dilute Fyond's trademarks or service marks, the trade name and / or the goodwill associated with such trade or service marks, which may be owned or used by us. You agree not to take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Platform or Fyond's systems or networks, or any system or network connected to Fyond.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Platform or any transaction carried out on the Platform, or with the use of the Platform by any other person.

You may not forge headers or other manipulative identifiers to disguise any message or transmission that you send to us on or through the Platform or any service offered  through the Platform. You cannot claim to be, or represent, another person or us.

You may not use the Platform or any content on the Platform for any purpose that is illegal or prohibited by these Terms of Service, or to request the conduct of any illegal activity or other activity that violates Fyond's rights. and / or others.

You must ensure all times full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act 2000 and the rules established thereunder; (b) all applicable national laws, rules and regulations (including provisions of applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including but not limited to sales tax / VAT, income tax, service tax, central excise duty, customs duty, levies local) in relation to the use of our service and its advertising, purchase, request for offers to buy and sell products or services. You must not conduct any transaction in any item or service, which is prohibited by the provisions of any applicable law, including currency control laws or regulations that are currently in effect.
User allow us to use the information, without violating your rights or any law, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (at multiple levels) right to exercise copyright, publicity, rights database or any other right you have over your information, in any medium now known or not currently known, in relation to your information. We will only use your information in accordance with these terms of use and the privacy policy applicable to the use of the platform.

 You can access the Platform by registering to create an account ("Fyond Account") and become a member (Membership) or (c) you can also sign up for registration by logging into your account on certain third party social media sites ("SNS") (including, but not limited to, Facebook); as described below the Membership is limited for this purpose and is subject to conditions, and strictly non-transferable. As part of the functionality of the platform services, you can link your Fyond account to third-party accounts, or provide us with your third-party account login information through the Platform  or allowing us to access your third party account, as permitted by the applicable terms and conditions that govern your use of each third party account.

You declare that you have the right to disclose your third party account login information to us and / or grant us access to your third party account (including but not limited to use for the purposes described therein), without your breach none of the terms and conditions that govern your use of the applicable third-party account and without us having to pay any fees or subject to the limitations of use imposed by such third-party service providers.

By granting us access to any third party account, you understand that we will access, make available and store (as appropriate) any content or information that you have provided and stored in your third party account ("SNS content") so that it is available on the Platform through your Fyond account.

Unless user specified in these Terms of Service, all content on SNS, if any, will be deemed user content for all purposes of these Terms of Service.

Depending on the third-party accounts you choose, and subject to the privacy settings that you have set on those third-party accounts, the personally identifiable information that you post to your third-party accounts will be available on Fyond account on the platform.

Please note that if a third-party account or related service becomes unavailable or our access to that third-party account is terminated by the third-party service provider, the SNS content will no longer be available on and through the platform.

We will create your Fyond account for your use of the Platform services based on the personal information you provide to us or that we obtain through SNS, as described above. You can have only one Fyond account you cannot create multiple accounts. Fyond reserves the right to suspend these multiple accounts without being responsible for any compensation.

Time to time, you will be responsible for providing information related to the products or services that you offer to sell. In this sense, you accept that all such information is accurate in all respects. You must not exaggerate or over estimate the attributes of these products or services in a way that misleads other users in any way.

You must not participate in advertising or request other users of the Platform to buy or sell products or services, including, but not limited to, products or services related to those displayed on the platform or linked to us. You may not transmit unsolicited chain letters or commercial or spam emails to other users through the Platform. Use any information obtained from the Platform for the purpose of harassing, abusing or harming another person, or to contact, advertise, solicit or sell to someone other than us without express our prior consent. To protect our users from such advertising or solicitation, we reserve the right to limit the number of messages or emails that a user can send to other users in any 24-hour period that we deem appropriate at its sole discretion. You understand that we have the right to disclose any information (including the identity of individuals providing information or material on the Platform) as necessary to satisfy any valid law, regulation or government request at any time. This may include the disclosure of information in connection with an investigation of suspected illegal activity or the request for illegal activity or in response to a court order or subpoena. Additionally, we may (and you expressly authorize us to) disclose any information about you to law enforcement or other government officials as we deem, necessary or appropriate in connection with the investigation and / or resolution of possible crimes, especially for those that may result in injury.

We reserve the right, to monitor the materials posted on the Platform. Fyond shall have the right to delete or edit any content that, violates, or is alleged to violate, any applicable law or the spirit or letter of these Terms of Service. Notwithstanding this right, YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OR MATERIALS THAT YOU WILL POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.

Please note that this posted content does not necessarily reflect the views of Fyond. In any event Fyond will