Terms & Conditions : V.02.1 – Sept 2023
INTRODUCTION :
This document constitutes an electronic record under the provisions of the Information Technology Act, 2000, and the rules thereunder, as well as any amendments made by the Information Technology Act, 2000. This electronic record is being published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of rules and regulations, privacy policy, and Terms of Use governing access to and usage of the website and mobile application operated by Yosha Foodtech Private Limited ("YFPL"), accessible at www.edobo.in and through the "edobo” mobile application for handheld devices.
- GENERAL
These Terms of Use ("Terms") establish an agreement between you ("User") and Yosha Foodtech Private Limited, governing the use of YFPL's website (https://www.edobo.in) and mobile application ("edobo – Online Grocery Shopping App").
YFPL is a private company in terms of the Companies Act, 2013 with corporate identification number U15100MH2019PTC332201 and registered office at 217/A, Ground Floor, M.S. Building no. 7 Near Shitla Mata Mandir, Chembur, Mumbai 400 074, Maharashtra, India. Through its website and mobile application, YFPL shall provide you information, reviews, pricing and offers / discounts for listed Products. By accessing or using YFPL services ("Service"), you signify that you have read, understood, and agreed to be bound by this Terms, YFPL Privacy Policy and other applicable terms posted on or provided with the Service, whether or not you are a registered User of our Service.
The domain name [edobo.in] is owned by YFPL. YFPL holds a FSSAI license, bearing no.: [10020022011561].
YFPL reserves the right to amend these Terms at any time in our sole discretion, by notifying you of the change in writing or electronically (including without limitation, by e-mail or by posting a notice on YFPL that the terms have been updated). The changes also will appear in this document, which you can access at any time by going to the Terms of Use Section. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms. These Terms apply to all visitors, users, and others who access the Service ("Users").
- ELIGIBILITY
By accessing or using the YFPL services ("Service"), you acknowledge that you have read, understood, and agreed to be bound by these Terms, the YFPL Privacy Policy, and any other applicable terms related to the Service. You must be at least 18 years of age or have reached the age of majority in your jurisdiction to access and use YFPL's services. If you are under 18 years old, you may use the platform under the supervision of a parent or legal guardian who agrees to these Terms.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvent etc. are not eligible to use/access YFPL (mobile application / website).
YFPL is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.
- USER ACCOUNTS
You are required to register with YFPL and create an account to access certain features of the Service. By registering and creating an account, you agree to provide accurate and truthful information. It is your responsibility to maintain the confidentiality of your account details and password. You agree to immediately notify YFPL of any unauthorized use of your account or any breach of security.
- USE OF THE SERVICE
YFPL provides a platform for users to view and purchase packaged foods, groceries, and household products ("Products"). By complying with these Terms, you're granted a limited, non-commercial license to access and use the Service. This license excludes resale, commercial use, data collection, derivative works creation, and certain extraction methods.
All rights not explicitly granted are reserved by YFPL and its partners. Commercial use without written consent, framing of proprietary content, and non-compliance will terminate the granted licenses.
You understand and accept that occasional scheduled and unscheduled service interruptions may happen, for which YFPL cannot be held liable.
You're solely responsible for your interactions with other Users. YFPL has the right, though not the obligation, to monitor disputes between Users, without assuming liability.
- USER CONTENT
You are responsible for any content you post on the YFPL platform, including reviews, comments, and other information ("User Content"). User Content must not violate any laws or third-party rights and should not be offensive, obscene, or misleading. YFPL reserves the right to monitor and remove User Content that violates these provisions.
- LICENSE GRANT
By posting User Content on the Service, you grant YFPL a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, distribute, and display the content worldwide. You represent that you have the necessary rights to grant this license and that the content does not violate any third-party rights.
- PROPRIETARY RIGHTS
All materials on the YFPL platform, except User Content, including software, images, text, graphics, logos, trademarks, copyrights, and other intellectual property ("YFPL Content"), are the exclusive property of YFPL and its licensors. You are not permitted to use, distribute, or modify any YFPL Content for any commercial purpose without explicit written consent.
- AMENDMENTS
YFPL reserves the right to modify these Terms at any time. Users will be notified of such changes through writing or electronic means. Continued use of the Service after any changes to these Terms indicates your acceptance of the revised Terms.
ORDER BOOKING AND FINANCIAL TERMS
Buyers can place Orders on the Platform, and upon Merchant acceptance, edobo (YFPL) facilitates goods, services, or Task completion through the product listing page (PDP). edobo does not directly own, sell, or resell the products/services but enables their delivery.
Buyers acknowledge that placed Orders are subject to these Terms, including product availability, serviceability, and Merchant/PDP acceptance. Generally, all placed Orders and Delivery Services are treated as confirmed. Upon successful Order booking, a call might be made to confirm details like payment amount and estimated delivery time.
Buyers need to provide accurate details such as name, mobile number, and email address for confirmation purposes. Incorrect details should be promptly reported.
Buyers might be contacted for Order changes due to unavailability or price alteration. Such changes are considered final. It is explicitly stated that edobo retains the authority to refrain from processing the Buyer's Order if, during the confirmation call, the Buyer, Merchant, or PDP cannot be reached through any communication channel. In such a scenario, the conditions outlined in the Cancellation and Refund Policy will apply.
edobo acts as the payment agent for Merchants/PDPs, completing payment obligations. You have the option to make payments using the following methods: (i) credit card, debit card, or net banking; (ii) any other payment method approved by the Reserve Bank of India (RBI) when placing an Order; or (iii) UPI payment or cash upon delivery. It's important to comprehend and acknowledge that edobo's payment facility is not a banking or financial service. Instead, it serves as a facilitator, enabling electronic, automated online payments, as well as payment collection and remittance upon delivery. This is accomplished using established authorized banking infrastructure and credit card payment gateway networks. It's essential to note that by offering this payment facility, edobo (YFPL) is not functioning as a trustee or in a fiduciary role concerning the transaction or the transaction price. Please note that we cannot control any amount that may be charged to the Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
When you place an order as a Buyer, you'll need to provide the usual billing information like your name, address, and credit card details either to our business or our third-party payment processor. By making an order, you're agreeing to pay for it according to the rules outlined in the "Order Booking & Financial Terms" (Clause 7) above.
When it comes to payment, you're giving us permission to charge the credit card you provided during the booking. This can be done directly by us or through a third-party payment service. If you're taken to a different payment website, remember that their rules and how they collect your info will apply. So, be sure to check their terms and privacy policy before using their service.
Once your order is confirmed, we'll send you an order confirmation email.
Any taxes linked to your order will be included in the final bill, issued by edobo (YFPL) and PDP (if they're registered for taxes).
The prices presented on the Platform, including packaging and handling fees, are exclusively determined by edobo (YFPL). In rare cases, the prices may vary during Order placement due to packaging or fuel cost shifts, or unforeseen circumstances.
DISCLAIMER
The website might have inaccuracies, typos, and errors. YFPL doesn't guarantee accuracy or completeness of the Services, advice, opinions, or info on the website. edobo can fix errors, change the site, Services, products, or prices without notice.
Due to technical glitches or errors from Suppliers/Companies/Manufacturers, product prices on the Platform could be incorrectly reflected. edobo (YFPL) can cancel Buyer’s Orders in such cases.
Suppliers/Companies/Manufacturers are responsible for warranties/guarantees of goods/services to Buyers, not edobo (YFPL).
CANCELLATIONS AND REFUNDS
For cancellation and refund terms, refer to our Cancellation and Refund Policy.
PRICING
YFPL strives to ensure accurate prices for all products on sale. However, occasional technical glitches, typos, or incorrect info from third-party sellers might lead to outdated or incorrect prices. In such cases, the Company holds the right to cancel orders without added obligations. Despite this, the price during order placement will be what you pay during delivery, with the condition that products won't be sold above their Maximum Retail Price (MRP).
OFFERS, COUPONS, AND PROMO CODES
From time to time, YFPL may choose to provide users with promotional codes or coupons that allow you to redeem their value when making purchases on the mobile application/website. Unless the code or coupon specifies otherwise, a promotional code or coupon will:
- Expire at 12:00 AM (including the issuance date) starting from the stated issuance date.
- When using promotional codes or coupons for a purchase on the mobile application/website, the "cash on delivery" payment option will not be available.
- It’s solely at the company’s discretion to update the terms and conditions for the coupons, offers, and promo codes, from time to time
REFER & EARN PROGRAM
Discover the benefits of edobo's Refer and Earn Program, where you can refer friends and family for exciting rewards. Share your special referral link to get started!
How It Works:
- After logging in, navigate to the Rewards section in the footer. Click on the "Refer here" button and share your unique referral link.
- You're eligible for rewards when your friend downloads our mobile app via your referral link, creates an account, and completes their first order. Once their order is successfully delivered, both of you receive cashback.
In addition to referrals, we also treat you to edobo points and scratch cards with every purchase. These can be redeemed for appealing gift cards from renowned retailers like Aldo, Nykaa, BookMyShow, Apollo Pharmacy, Behrouz Biryani, cultpass, Amazon Prime, Disney Hotstar, Netflix, and more.
Terms & Conditions:
- Your referrals must use your unique referral link to qualify for rewards.
- To receive rewards, your referee must be a new user and meet additional criteria.
- Feel free to refer multiple friends and enjoy assured benefits for each successful referral.
- Users can redeem up to 200 points for gift cards simultaneously.
- Users are only eligible for rewards on a single device; using multiple numbers on the same device won't yield rewards.
- Each user can receive up to 5 scratch cards per day.
- If the referee cancels their first order, neither the referrer nor the referee will earn rewards on their subsequent order. This is considered the referee's second order.
- edobo reserves the right to modify or discontinue the Refer and Earn Program at any time.
PAYMENT TERMS
YFPL will issue an invoice for your payment, which covers:
- a) The products you're purchasing.
- b) Any applicable fees for using the Services, as communicated on the mobile application/website. The fee depends on your User Plan, not your actual service usage.
- You're responsible for paying all taxes, meeting legal requirements, registering as needed, and handling reporting. YFPL is only accountable for its own income tax.
- Payment Methods: (a) Online: Pay online through the mobile app/website using third-party services. YFPL isn't liable for issues during this process as these parties are beyond its control. (b) Cash on Delivery: Pay upon product delivery at the given address. YFPL's authorized delivery person will accept payment before handing over the products.
Payment is considered complete only when YFPL receives the amount in its designated bank account.
- Charges/fees don't include taxes. Goods and Service Tax is added to each purchase at applicable rates.
- For payments/refunds, YFPL may need your bank account or credit card details. If you don't pay for cash delivery orders continuously for 3 days, YFPL can stop your Services and remove Account info, while retaining legal options.
COVENANTS BY YFPL
YFPL guarantees that any products, services, or content shared on the mobile application/website and related activities will not violate the following terms, which are included here by reference and may be updated over time. They shall not:
- Provide false, inaccurate, or deceptive information.
- Involve fraud or the sale of counterfeit or stolen items.
- Infringe upon third-party copyrights, patents, trademarks, trade secrets, or other rights, including privacy and publicity.
- Breach any laws, regulations, statutes, or ordinances, including those related to privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising.
COVENANT BY YOU
You agree not to engage in any activity related to products, services, or content on the mobile application/website that violates the agreed Terms and the following terms:
- Activities that could harm or potentially harm YFPL's server infrastructure, as determined solely by YFPL. This includes actions like overloading technical systems.
- Actions that could create liability for YFPL, its subcontractors, or pose undue risks. This also involves engaging in activities that YFPL, in its sole discretion, considers harmful to its affiliates, operations, reputation, or goodwill. Additionally, you must not link to or describe goods or services that break any laws or regulations, violate YFPL's Prohibited and Restricted Items clauses (as incorporated herein), or go against applicable terms.
- You also agree to display and abide by terms of use, user agreements, privacy policies, and similar documents. Breach of these covenants (as stated in Clause 11 of these Terms) will be considered a violation and could lead to an immediate suspension of your account.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES
YFPL may include links to websites, advertisers, or services not owned or controlled by YFPL. YFPL doesn't control these, and thus isn't responsible for their content, privacy policies, or practices. Using third-party sites from YFPL is at your own risk, and these Terms and YFPL's Privacy Policy don't apply there. YFPL isn't liable for any issues arising from third-party websites, services, or content.
Moreover, your interactions with advertisers on YFPL, including payments and goods delivery, are solely between you and those advertisers. YFPL isn't responsible for any losses related to such dealings.
When you leave YFPL, make sure to know the terms, conditions, and privacy policies of the third-party site or service you're visiting.
TERMINATION
YFPL can terminate or suspend access to the Service without notice for various reasons, with certain provisions surviving termination. If you wish to terminate your account, you may do so by following the instructions on the Site/App. Any fees paid hereunder is non-refundable and otherwise mentioned in Clause 8.
INDEMNITY
You will safeguard, indemnify, and hold YFPL, its affiliates, employees, contractors, directors, suppliers, and representatives harmless from any losses, costs, claims, damages, expenses (including reasonable attorney's fees), or liabilities. These arise from your use or misuse of the Site, App, Service, Products, Content, or from your User Submissions, violation of these Terms, or any infringement by you or a third party using your Account on the intellectual property or other rights of any person or entity. This holds true except when a court determines that YFPL's own act or omission caused such a claim. YFPL retains the right to take exclusive control over the defense of any matter that requires indemnification from you. In such cases, you will assist and cooperate with YFPL in asserting any available defenses.
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
Our disclaimers and liability limits apply as per the law. These limits don't affect any rights you can't legally waive.
You're responsible for your interactions with other Users and parties. We're not liable for third-party actions, online or offline. We're not responsible for inaccurate content, technical issues, or problems with Products.
We don't guarantee YFPL's uninterrupted availability, accuracy, or specific outcomes. You release YFPL from claims regarding product issues, actions of others, and your offline participation.
YFPL isn't liable for lost profits or indirect damages. Our liability for your use of YFPL, where allowed by law, is limited to INR 1,000 (Rupees one thousand only).
ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by YFPL, without restriction.
NO WAIVER
No waiver of any term of these Terms shall be deemed further or continuing waiver of such term or any other term, and YFPL failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
NOTICES
All notifications and communications should be in written English and are considered given in the following ways: (a) If delivered personally or by commercial messenger, courier service, or registered/certified mail (with a return receipt), or (b) sent through email (with confirmation of complete transmission).
If the notice is for YFPL, use the email address [email protected] or the address on the website. For a registered User, send the notice to the email address provided during registration or the address in their My Account section.
Notice is considered delivered 48 hours after being sent, dispatched, or displayed. However, for email notices, if it's discovered that the email address is invalid, the notice won't be valid.
APPLICABLE LAW
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India without reference to conflict of laws principles. The place of jurisdiction for disputes arising in relation hereto shall be subject to the exclusive jurisdictions of the courts in Mumbai, Maharashtra, India.
AMENDMENTS
YFPL reserves the right to update these Terms at any time. Continued use implies acceptance of revised Terms. You agree to be governed by all other terms and conditions and YFPL policies (such as, but not limited to, the Cancellation & Refund Policy, Privacy Policy, etc.) that may from time to time be placed on the Platform by accepting these Terms of Use.
TERMS OF SERVICE:
- You understand that once we deliver your order, our responsibility ends. We generally don't provide refunds unless there's a clear mistake on our part during the purchase.
- We strive for accurate information on the Platform, but we may contact you if there's a mistake.
- Using the Platform is your own choice, and you agree to use it lawfully and not harm Licensees or edobo, financially or otherwise. If we suspect misuse that causes harm or loss, we can report it to law enforcement or take action to prevent the loss.
NO ENDORSEMENT
YFPL does not endorse Manufacturers or Companies, and Users should use the Platform responsibly and accurately.
CONTACT INFORMATION
If you have any questions or concerns regarding these Terms, please contact YFPL at:
Contact Number: +91 908 908 908 4
E-mail address: [email protected]