Terms of Service
Last updated: June 2026
Pepper Jacks Food Private Limited
This document is an electronic record and published in accordance with the provisions of the
Information Technology Act 2000 and the rules thereunder and generated by a computer
system and does not require any physical or digital signatures.
A. This website www.fomins.in (Website) and mobile application ‘Fomins' (App) (Website
and App collectively referred to as the "Platform") is operated and managed by the
Company. The term Company shall collectively and individually refer to each company which
operates and manages the Platform for undertaking retail business with respect to the
respective cities. You can access the complete Company details here.
B. These terms of use ("Terms") govern Your use of the Platform, and for the purpose of
these Terms the Company may wherever context so require, be also referred to as,
"Fomins", "We", "Us", or "Our" and the terms "You", "Your" or "User" refer to user of the
Platform. We value the trust You place in Us. That's why, We maintain reasonable security
standards for securing the transactions and Your information.
C. Please read these Terms carefully before You use the Platform. If You do not agree to
these Terms, You may not use the Products and Services (defined hereinafter) on the
Platform, and We request You to uninstall the App. By even merely using/accessing the
Platform, You shall be contracting with Fomins and You signify Your acceptance to these
Terms and other Fomins policies (including but not limited to the cancellation & refund policy
of the Company and published privacy policy (‘Privacy Policy')) as posted on the Platform
and amended from time to time, which takes effect on the date on which You use the
Platform, and thereby create a legally binding arrangement to abide by the same. Further, by
furnishing Your personal information, You consent to Fomins accessing Your personal
information for the purpose of supplies, You also agree that You are interested in availing the
supplies through the Platform in accordance with these Terms.
D. Fomins retains an unconditional right to modify or amend these Terms. You can determine
when these Terms were last modified by referring to the "Last Updated" legend above. You
can access the latest version of these Terms at any given time on the Platform. You should
regularly review the Terms on the Platform. Your continued use of and access to the Platform
shall be Your consent to such changes. In the event the modified Terms are not acceptable
to You, You should discontinue accessing the Platform.
1. Products and Services
1.1. You acknowledge that the Platform allows You to purchase/avail the following
Products/Services including
1.1.1. a personal, limited, non-exclusive, non-transferable, and revocable privilege to access
and use the Platform for the purposes of purchasing select products including consumer
goods such as food items, grocery products (collectively, "Product(s)") from the Company,
sold on a business to consumer
(B2C) basis for personal consumption and not for resale. The Company does not provide
services such as handling of Products, last mile delivery services including late night delivery
and other services (collectively, "Services") without purchase of Products on Platform and
the fee may be charged for the same.
1.1.2. promptly and efficiently responding to Your queries or issues relating to Your Account
and the supplies availed by You, using the Platform.
1.2. commercial use of the Platform or its Content (as defined below), in any manner. The
Company may, at its discretion, add, modify, or remove any of the Products and/or Services
listed above from time to time without notice. The Company may also make applicable, at its
discretion, additional terms and conditions specific to any category or section of Products in
addition to these Terms and Your purchase of any of such category or section of Products
shall also be governed by such additional terms and conditions. The Company reserves the
right to provide the supplies in any area or city in India, as may be determined by the
Company in its sole discretion. Before applying or registering for availing any of the supplies,
we request You to please check if the supplies are available in Your area or city. The
Company provides last mile delivery of Products by itself. by engaging third party pick-up
and delivery service providers.
1.3. The Company does not: (i) adopt any ‘unfair trade practices' either on the Platform or
otherwise with respect to the Products and Services; (ii) discriminate between Users of the
same class or make any arbitrary classification of the Users; or (iii) discriminate between the
third-party delivery service providers.
2. Eligibility to Use 2.1. The supplies are not available to minors i.e., persons under the age
of 18 (eighteen) years, undischarged insolvent, or to any Users who are not competent to
enter into a contract under the Indian Contract Act, 1872, unless otherwise provided
hereunder. You hereby represent that You are: (i) of legal age to form a binding contract, (ii)
not a person barred from receiving the supplies from the Platform under the applicable laws;
and (iii) competent to enter into a binding contract. If You are under the age of 18, You shall
use and access the Platform only with the express consent of a parent or guardian and
under their supervision.
2.2. You will not discriminate against third-party delivery service providers based on race,
religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender
identity, age or any other metric which is deemed to be unlawful under applicable laws. Any
credible proof of such discrimination, including any refusal to receive supplies based on the
above metrics, whether alone or in conjunction with any other metric, shall render you
ineligible, leading to suspension of access to the Platform.
The said revocable privilege to access does not include/permit resale or
You will not have any claim towards, and we will not have any liability towards any
suspension which is undertaken as a result of the aforementioned event.
3. User Account, Password, and Security
3.1. In order to access the supplies on the Platform, You will have to register and create an
account on the Platform by providing details as may be required in the Privacy Policy
("Account"). 3.2. You are solely responsible for the information You provide to Us. You shall
ensure and confirm that the Account information and all information provided by You is
complete, accurate and up-to-date. If there is any change in the Account information, or if
any information is found to be incomplete or incorrect, You shall promptly update Your
Account information on the Platform or request Fomins for information revision or update. If
the information provided by You is untrue, inaccurate, unauthorised, not current, or
incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Fomins reserves
the right to refuse any and all the supplies, if Fomins has reasonable grounds to suspect that
such information is untrue, inaccurate, not current, or incomplete.
3.3. You will be responsible for the confidentiality of the Account information provided and
fully responsible for all activities that take place on Your Account. You agree to immediately
notify Fomins of any unauthorised access of Your Account. You may be held liable to pay
damages for losses caused due to unauthorised use of Your Account as a result of Your
failure to keep Your Account information secure and confidential.
4. Payment related Information
4.1. The information relating to the accepted payment methods on the Platform shall be
displayed during the purchasing process. 4.2. To the extent permitted by applicable law and
subject to the Privacy Policy, You acknowledge and agree that the Company may use certain
third-party vendors and service providers, including payment gateways, to process payments
and manage payment card information. The Company can ensure such third-party vendors
and service providers possess necessary licenses from the appropriate authority. 4.3. In
order to avail the supplies, You undertake to use and provide valid bank details or other
details required for facilitating payment towards the supplies ("Payment Details"). By
providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally
authorized to provide such Payment Details; (b) You are legally authorized to perform
payments using such Payment Details; and (c) such action does not violate the terms and
conditions applicable to Your use of such Payment Details or applicable law. You may add,
delete, and edit the Payment Details You have provided from time to time through the
Platform.
4.4. Except to the extent otherwise required by applicable law, the Company is not liable for
any payments authorized through the Platform using Your Payment Details. Particularly, the
Company is not liable for any payments that do not complete because:(a) Your bank account
or any other payment did not contain sufficient funds to complete the transaction; (b) You
have not provided the Company with correct Payment Details; (c) Your payment card has
expired; or (d) circumstances beyond the Company's reasonable control (such as, but not
limited to, power outages, interruptions of cellular service, or any other interferences from an
outside force) which prevent the execution of the transaction.
4.5. The Company shall not be responsible for any unauthorised transactions conducted on
the Platform using Your Payment Details. The Company shall not be obligated to refund any
money to You in such instances. 4.6. The payment facility provided by Company is neither a
banking nor a financial service but is merely a facility providing an electronic, automated
online electronic payment system, and receiving payment on delivery for the transactions on
the Platform using the existing authorized banking infrastructure and card payment gateway
networks, as may be applicable. For some payment methods, Your issuer may charge You
certain fees, such as transaction fees or other fees, relating to the processing of Your
transaction.
5. Prices of Products
5.1. The ownership of the Products is transferred to You upon delivery of Products at the
address/location specified by You.
5.2. The prices of each of the Products may vary due to various factors and You may check
the price on the Platform before placing an order. By placing an order You agree to pay the
prices mentioned therein. All the Products listed on the Platform will be sold at Indian
Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at a discounted price
unless otherwise specified. The prices of the Products may be modified from time to time.
The Company endeavours to make available the Products at the best prices as possible on
the Platform. There can be an unintended error with respect to the Prices and other
information of the Products. You may bring it to Our notice of such errors and we shall effect
necessary corrections.
5.3. The Users will be informed about all the charges, fees, and costs (including, delivery
fee) that may be levied on the purchase of the Products on the Platform at the checkout
page during a transaction. The Company does not manipulate the price of any Products
offered on the Platform. 6. Delivery, delivery fee, other fee and delivery time
6.1. Last mile delivery services is part of sale of Products purchased by You on the Platform.
The Company shall provide delivery of the Products upon purchase during such time period
as communicated to You through the Platform. The Company endeavours to show the
estimated delivery time for every order, however, the Company does not guarantee the
delivery within the said time, since the exact delivery time of each order may vary due to
various factors such as availability of third party delivery service providers, demand, traffic
and weather conditions, a force majeure event, etc,. Further, You can check the estimated
time of arrival (ETA), when You go to the homepage of the App even before placing an order,
to ensure that You are aware of the ETA before proceeding with placing an order. You agree
that the Company reserves the right to charge You, fee for rain, peak hours and/or very high
demand, late night fee, packing handling charges, convenience/platform fee, small cart fee,
any other fee in addition to the delivery fee towards the delivery of the orders, which you can
see on the view bill section before check out page on the App.
6.2. The delivery of the Products will be made to the delivery address specified by You while
placing the order for the Products on the Platform. You are solely responsible for providing a
complete and correct delivery address and, if applicable, further instructions for delivery. The
Company shall not be responsible for any delay in delivering the order placed by You on the
Platform caused due to the incorrect or incomplete address provided by You.
6.3. The goods will ordinarily be delivered when an appropriate person is able to receive the
order at the address provided by You. If You request to leave a delivery unattended at Your
address, You expressly disclaim the Company from all the liabilities which may arise by
virtue of the Products being left unattended for a period of time. This includes but is not
limited to theft, tampering, contamination, and the result of any change in temperature of the
items which need to be kept chilled or frozen.
6.4. In the event You opt to make payment for the Products by ‘Cash on Delivery (CoD)'
mode, the Company shall have the right to refuse delivery of the ordered Products to You if
You fail to make the complete payment and the Company shall treat such order as cancelled
order and shall not be liable for any losses or damage that may arise on account of such non
•delivery to You. The Company shall reserve the right to charge You, the delivery fee any
other fees for such cancelled order and recover the same, at its sole discretion towards the
cost incurred on such delivery attempt.
7. Returns, Cancellations, and Refunds, 7.1 Returns
7.1.1 You may return the Product in an order, subject to the following, conditions:
7.1.1.1 wrong item being delivered other than what You had ordered in an order or
7.1.1.2 Items substantially damaged or deteriorated in quality at the time of delivery. You
agree that You shall give Us all the requisite proofs including but not limited to images of
Products having issues.
7.1.2 return with the requisite proofs on the Platform. You may exchange or return the
product by contacting Our customer care also. IT IS HEREBY CLARIFIED THAT NO
EXCHANGE OR RETURNS SHALL BE ACCEPTED IF THE PRODUCT PACKAGING IS
OPENED OR PRODUCT IS USED/CONSUMED EITHER IN PART OR OTHERWISE.
7.1.3 You may request exchange or return the Products, purchased from Us provided the
Products are sealed/unopened/unused and in original condition and on the same day of
delivery. Please note, the requests for exchange or returns will not be accepted from the day
following the day when We had delivered the Product/s to You. We may request You to
dispose off the Products for which We have processed a refund.
7.2 Cancellations: You may cancel an order without charge at any time before the Company
accepts the order. You cannot cancel the order post acceptance of order by the Company.
The Company may cancel an order (in full or partially) for the reasons including shortage or
unavailability of certain Products or force majeure events. In case the Company cancels any
order, You will not be charged for such cancellations, and the Company will refund You for
any payment already made.
7.3 Refunds:. Please be informed that when You opt to cancel or return the Products, upon
our verification of the Products and the documents relating thereto, the refund amount for
such Products which are eligible for return as per these Terms, will be processed within a
period of seven (7) business days from the date of us verifying and confirming the refund
request. Your refund will be processed only when the conditions as may be stipulated by Us
are fulfilled. You acknowledge that after initiation of refund, it may take additional time for
Your refund to reflect in Your account which is subject to Your financial institution or payment
gateway service provider terms and conditions.
7.4 The terms for acceptance of returns, cancellation and refunds shall be subject to
reasonable additional conditions and shall be communicated to the User, from time to
You shall check the Products upon delivery and initiate exchange or time, through the push
notifications on the Platform, or any other mode of communication as specified in these
Terms or as determined by the Company.
8. User care:
8.1 The warranty and guarantee, if any, applicable to the Products shall be that of the
manufacturer and You may directly reach out to the manufacturer through the customer care
details made available on the Product packaging. The Company is merely a reseller and
disclaims any liability with respect to the manufacturing defects, quality, taste, performance
of the Products sold.
8.2 You agree and understand that the Product images are representation of the Product
and not actual image of the Product sold to You and You shall read the physical product
label for the calorific and nutrition value, using instructions, batch, manufacture date,
content, weight, manufacturer and the customer care details, as may be relevant, before
consumption of the Products. WHILE EVERY REASONABLE EFFORT IS MADE TO
MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT
PACKAGING, MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT
IS SHOWN ON THE PLATFORM. IT IS RECOMMENDED TO REFER THE INFORMATION
PRESENTED ON THE ACTUAL PRODUCT PACKAGING.
8.3 Company reserves its right to refuse to process transactions by Users with a prior history
of questionable transactions including without limitation breach of any agreements by User
with Company or breach/violation of any law or any charges imposed by bank or breach of
any policy without giving any reasons. Company may do such checks as it deem fit before
approving the User's order for security or other reasons at the discretion of Company. As a
result of such checks, if the Company is not satisfied with the credibility of the User or
genuineness of the transaction, it will have the right to reject such an order. Company may
delay the dispatch or cancel any transaction at its sole discretion, if it is suspicious of any
User's authenticity or activity or if the User is conducting high transaction volumes, to ensure
safety of the transaction.
8.4 Beware of fraud:
8.4.1. Please do not share Your debit/credit card number, CVV number, OTP, UPI/ATM pin
and other sensitive information with anyone claiming to be a Company representative.
Company or its authorised representatives will NEVER ask You to share the aforesaid
details. Beware of fraudsters and please report incidents immediately to Your bank, the
nearest police station and at https://cybercrime.gov.in/.
8.4.2. For assistance on a Fomins order or refund related issues, click on the ‘Get Help'
section on the App.
8.4.3. Please exercise caution to verify the portals/website links claiming to be Fomins or a
lookalike or a payment link shared over social media or a social messaging apps claiming to
be Fomins discounts or offers and proactive calls from unauthorised numbers requesting for
personal/financial information.
9. Use of Platform 9.1. Subject to compliance with the Terms, the Company hereby grants
You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and
use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by
the Terms; (b) in accordance with any applicable law, regulation or generally accepted
practices or guidelines; and (c) for availing the supplies through the Platform. You agree not
to engage in activities that may adversely affect the use of the Platform by the Company
and/or other Users.
9.2. You agree that the Platform or any portion of the Platform shall not be reproduced,
duplicated, copied, sold, resold or otherwise exploited for commercial purposes.
9.3. You agree to not frame or utilise the framing techniques to enclose any trademark, logo
or any other proprietorship information of the Platform.
9.4. You agree not to access (or attempt to access) the Platform by any means other than
through the interface that is provided by the Company. You shall not use any deep- link,
robot, spider or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of the Platform
or Content, or in any way reproduce or circumvent the navigational structure or presentation
of the Platform, materials or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not specifically made available through the
Platform.
9.5. Further, You undertake not to host, display, upload, modify, publish, transmit, store,
update or share any information that:
9.5.1. belongs to another person and to which the User does not have any right;
9.5.2. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy,
including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or
ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the laws in force;
9.5.3. is harmful to child;
9.5.4. infringes any patent, trademark, copyright, or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. impersonates another person;
9.5.7. 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 other nation;
9.5.8. contains software virus or any other computer code, file or program designed to
interrupt, destroy, or limit the functionality of any computer resource;
9.5.9. is patently false and untrue, and is written or published in any form, with the intent to
mislead or harass a person, entity, or agency for financial gain or to cause any injury to any
person;
9.5.10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform,
systems resources, accounts, passwords, servers, or networks connected to or accessible
through the Platform or any affiliated or linked sites;
9.5.11. violate the Terms contained herein or elsewhere; and
9.5.12. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information or software
obtained from the Platform.
9.6. You shall solely be responsible for maintaining the necessary computer equipment,
gadgets and internet connections that may be required to access, use, and transact on the
Platform.
9.7. You understand and acknowledge that by using the Platform or any of the supplies, You
may encounter Content that may be deemed by some Users to be offensive, indecent, or
objectionable, which Content may or may not be identified as such. You agree to use the
Platform and any supplies at Your sole risk and that to the fullest extent permitted under
applicable law. The Company shall have no liability to You for Content that may be deemed
offensive, indecent, or objectionable to You. 10. Intellectual Property Rights
10.1 The Platform and the processes, and their selection and arrangement, including but not
limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if
any), artwork and computer code (and any combinations thereof) (collectively, the "Content")
on the Platform is licensed to the Company 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.
10.2 The trademarks, logos and service marks displayed on the Platform ("Marks") are the
licensed property of the Company or owned by third parties. You are not permitted to use the
Marks without the prior consent of the Company or the relevant third party (which is the
owner of the Marks) respectively . Access or use of the Platform does not authorise any
party to use trademarks, logo, or any other mark in any manner.
10.3 The Company disclaims to hold any right, title, or interest in and to the intellectual
property rights arising out of or associated with the Products.
10.4 References on the Platform of any name, mark, services or products of third parties has
been provided after the express consent of such third party for Your convenience, and in no
way constitutes an endorsement, sponsorship or recommendation, whether express or
implied. 11. Disclaimer of Warranties & Liability
11.1 You expressly understand and agree that, to the maximum extent permitted by
applicable law:
11.1.1 The Platform and other Content are provided by the Company on an "as is" basis
without warranty of any kind, express, implied, statutory, or otherwise, including the implied
warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
Without limiting the foregoing, the Company makes no warranty that the Platform or supplies
will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure,
or error-free. No advice or information, whether oral or written, obtained by You from the
Company shall create any warranty not expressly stated in the Terms.
11.1.2 Company will not be liable for any loss that You may incur as a consequence of
unauthorized use of Your Account or Account information in connection with the Platform
either with or without Your knowledge. 11.1.3 Company has endeavoured to ensure that all
the information on the Platform is correct, but the Company neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data, information
regarding the supplies or otherwise. The Company shall not be responsible for the delay or
inability to use the Platform or related functionalities, the provision of or failure to provide
functionalities, or for any information, software, functionalities, and related graphics obtained
through the Platform, or otherwise arising out of the use of the Platform, whether based on
contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held
responsible for non-availability of the Platform during periodic maintenance operations or
any unplanned suspension of access to the Platform that may occur due to technical
reasons or for any reason beyond the Company's reasonable control.
11.2 image on the Platform as accurately as possible. However, the actual colours of the
Products You see will depend on Your monitor or device, and the Company does not provide
any guarantee in respect of such display and will not be responsible or liable for the same.
11.3 The Company makes no representation that the Content on the Platform is appropriate
to be used or accessed outside the Republic of India. Any Users who use or access the
Platform from outside the Republic of India, do so at their own risk and are responsible for
compliance with the laws of such jurisdiction.
11.4 The Terms do not constitute, nor may the Terms be used for or in connection with any
promotional activities or solicitation by anyone in any jurisdiction in which such promotional
activities or solicitation are not authorized or to any person to whom it is unlawful to promote
or solicit.
12. Indemnification and Limitation of Liability
12.1 You agree to indemnify, defend and hold harmless Fomins and its affiliates including but
not limited to its (and its affiliates') officers, directors, consultants, agents, representatives
and employees; and its third party partners ("Indemnitees") from and against any and all
losses, liabilities, claims, damages, demands, costs and expenses (including reasonable
legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or
may be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by You pursuant to
these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless
against any claims made by any third party due to, or arising out of, or in connection with,
Your use of the Platform, any misrepresentation with respect to the data or information
provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of
applicable laws, or Your violation of any rights of another, including any intellectual property
rights.
12.2 In no event shall the Company and its directors, officers, partners, consultants, agents,
and employees and its third party partners, be liable to You or any third party for any special,
incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in
connection with Your use of or access to the Platform or Content on the Platform.
While the Company has made best efforts to display the colours of the Product
12.3 The limitations and exclusions in this Section apply to the maximum extent permitted by
applicable laws.
13. Violation of these Terms
13.1 You agree that any violation by You of these Terms will likely cause irreparable harm to
the Company, for which monetary damages would be inadequate, and You consent to the
Company obtaining any injunctive or equitable relief that they deem necessary or
appropriate in such circumstances. These remedies are in addition to any other remedies
that the Company may have at law or in equity. 14. Suspension and Termination
14.1 The Terms will continue to apply until terminated by either You or the Company as set
forth below. If You object to the Terms or are dissatisfied with the Platform, You may(i) close
Your Account on the Platform; and/or (ii) stop accessing the Platform.
14.2 The Company may disable Your access or block Your future access to the Platform or
suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You
have violated any term of these Terms or the Privacy Policy or in any way otherwise acted
unethically. Notwithstanding anything in this Clause, all terms which by their nature are
intended to survive such termination, will survive indefinitely unless and until the Company
chooses to terminate them.
14.3 Any such termination under clause 14.1 and 14.2 above shall not cancel Your obligation
to pay for a Product purchased on the Platform, or any other obligation which has accrued,
or is unfulfilled and relates to the period, prior to termination.
14.4 You shall be liable to pay any fees or charges, if applicable in respect of the supplies
until the date of termination by either party whatsoever. 15. Governing Law and Jurisdiction
15.1 These Terms shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in relation hereto shall be
subject to the exclusive jurisdiction of courts at Uttar Pradesh, India.
16. Grievance Redressal Mechanism 16.1 Grievance Handling:
16.1.1 For any order related issue, You may first reach out to Us via chat support on the App
for real time basis resolution.
16.1.2 You may also write to Us at hello@justFomins.in and We will strive to resolve Your
order related grievance within the timelines prescribed under applicable laws. 16.1.3 If You
still have any grievances, or complaints or concerns with respect to the Platform or order or
are not satisfied with the resolution, the Content, or the supplies, You can contact the
designated Grievance cum Nodal Officer of the Company, can be accessed [here]. Details of
the Grievance cum Nodal Officer is provided in compliance of (1) Information Technology
Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules
2020, as amended time to time.
16.2 The Grievance Officer of the Company shall endeavour to acknowledge the User
grievances, or complaints or concerns with respect to the Platform, the Content, or the
supplies, within 48 hours of receipt of the same and shall endeavour to redresses the same
at the earliest and in no event later than 30 (thirty) days of receipt of such request. By
lodging a complaint or grievance, You agree to provide complete support to the Grievance
Officer and such reasonable information as may be sought by them from You.
17. Communications
17.1 You hereby expressly agree to receive communications by way of SMS, telephone or
VOIP calls, messaging app like WhatsApp on the registered mobile phone number /or
electronic communications like e-mails from the Company and other third parties duly
authorised by the Company. You hereby expressly consent to the monitoring and recording,
by the Company of any and all communications between You and the Company or its
agents, employees, consultants, contractors, or representatives of the Company or of their
authorised partners, and such monitoring or recording waives any further notice or consent
requirement under the applicable laws.
17.2 You can unsubscribe or opt-out from receiving communications from the Company. In
which case, the Company will only send communications solely required for the purposes of
availing the supplies by You.
18. General Provisions
18.1 Notice: All notices from the Company will be served by email to Your registered email
address or by messaging app on the registered mobile phone number or by general
notification on the Platform.
18.2 Assignment: You cannot assign or otherwise transfer any rights granted hereunder to
any third party. The Company's rights under the Terms are freely transferable by the
Company to its successor or any third party without the requirement of seeking Your
consent.
18.3 Severability: If, for any reason any provision of the Terms, or any portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible so as to
give effect to the intent of the parties as reflected by that provision, and the remainder of the
Terms shall continue in full force and effect. 18.4 Force Majeure: The Company and/or the
Platform shall not be liable to You for its failure to perform or for delay in providing You
access to Your Account or to the Platform or any supplies thereof, to the extent such failure
or delay results from causes beyond its reasonable control, including, without limitation, acts
of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour
unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions,
unforeseeable governmental restrictions or controls or a failure by a third party hosting
provider or internet service provider or on account of any change or defect in the software
and/or hardware of Your computer system.
19. IP Infringement
19.1 If You believe the Platform violates Your intellectual property, You must promptly notify
the Company in writing at hello@justFomins.in. These notifications should only be submitted
by the owner of the intellectual property, or an agent authorized to act on his/her behalf.
However, any false claim by You may result in the termination of Your access to the
Platform.
19.2 You are required to provide the following details in Your notice:
19.2.1 the intellectual property that You believe is being infringed with proof of Ownership;
19.2.2 the item that You think is infringing and include sufficient information about where the
material is located on the Platform;
19.2.3 a statement that You believe in good faith that the item You have identified as
infringing is not authorized by the intellectual property owner, its agent, or the law to be used
in connection with the Platform;
19.2.4 Your contact details, such as Your address, telephone number, and/or email;
19.2.5 a statement, under penalty of perjury, that the information You provided in Your notice
is accurate, and that You are the intellectual property owner, or an agent authorized to act on
behalf of the intellectual property owner whose intellectual property is being infringed; and
19.2.6 Your physical or electronic signature.
19.2.7 Please note: Company shall not consider an incomplete request.
20. Advertisements
20.1. As part of the supplies provided by Us; We may facilitate and allow third party
advertisers ("Third Party Advertisers") to place advertisements on the Platform. You
understand that any content put out by Third Party Advertisers is not edited, reviewed or
otherwise endorsed by the Company and we disclaim to the fullest extent permitted by law
any liability for the content published by the Third Party Advertisers.
20.2. To the extent You are a Third Party Advertiser You understand that in addition to these
Terms You will also be required to agree to the Company's policies and other contractual
agreements that You will need to execute for placing Your advertisement. As a general
principle the content in the advertisements should not be misleading or in violation of
applicable law or guidelines issued by the Advertising Standards Council of India or any
other self-regulating body. You also acknowledge that we have the sole right at our discretion
to remove any Third Party Advertisement or require You to prove factual substantiation if we
are of the view that it is in violation of applicable law or any self-regulating industry body
guidelines or is otherwise misleading.
20.3. If You are of the view that the content of a third party advertiser is inappropriate or in
violation of applicable law, please write to us at the email address provided above.
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