Terms and Conditions
TRALEXHO Ecommerce Pvt. Ltd., (Company) is the owner of the brand name TRALEXHO and website namely www.tralexho.com (Website). If you are accessing our Website, you are deemed to have accepted the TERMS AND CONDITIONS herein. Hence, you are advised to read the same before accessing/using our Website.
REGISTRATION
You (Customer) can register with the Website and as part of the same your personal information (Information) will be collected by the Company. This will include your full name, address including postal code, telephone number, email address, age, gender, education, occupation etc., and any other information which may be required for any offers or surveys. Upon completing the registration process you will be entitled to avail the services through the Website and you agree to receive the communications from us including but not limited to text messages, phone calls, notifications and communications in respect of the transactions, promotional and advertising communications and newsletters.
ELIGIBILITY
Any person who is competent to contract under the Indian Contract Act, 1872 is eligible to avail services through the Website. Hence, to avail the services from the Website, you shall have attained 18 years of age, shall be of sound mind and shall not be disqualified from contracting by any law to which you are subject. If you are incompetent to contract presently or in future, the Company reserves the right to disqualify you from using the Website. You can avail the services through the Website only in respect of the specific geographical areas as may be decided by the Company from time to time.
LICENSE TO ACCESS THE WEBSITE
The Company grants you a limited, non-exclusive, non transferable and revocable license to use the Website for the purpose as mentioned in this Terms & Conditions. The Customer agrees the following as part of his/her acceptance of the license:
- That the Customer has given accurate information about his/her identity and address;
- That the Customer will do the transactions through the Website at his/her own risk and cost;
- That the Customer will do the transactions in compliance with all the applicable laws, rules and regulations;
- That the product descriptions will be carefully checked before placing the order and is agreeable to the terms and conditions of sale.
You shall not download (other than page cashing) or edit any portion of the Website/contents. You shall not use the Website for doing the following:
- accessing the Website or its contents for his/her commercial use;
- downloading or copying of account information for benefit of any third party;
- collection and use of any product listings, descriptions, or prices;
- any use of data mining, robots, or similar data gathering and extraction tools.
- derivative use of this Website;
- reproducing, copying, duplicating, selling/reselling or otherwise exploiting the Website or any portion thereof for any commercial purpose;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Website;
- Posting comments containing any libelous, abusive, unlawful or obscene material;
- Disseminating any objectionable material, harmful, vulgar, obscene, libelous, abusive, threatening or any unlawful activity.
- Transmitting materials that constitutes a criminal offence or results in civil liability or otherwise in violation of applicable laws;
- Form jacking, phishing or any other fraud activities.
- upload, publish, transmit, modify, update or share any information which a) belongs to any third party; b) infringes any intellectual property rights of others; c) violates any applicable laws.
COLOURS AND PICTURES OF THE PRODUCTS
The Company is not responsible for the variations in colors or pictures of the fresh food products.
PRICING OF THE PRODUCTS AND PLACING THE ORDER
The prices of all the products will be charged based on the price list provided in the Website at the time of placing the order. We will not charge any extra amount to you irrespective of increase of price of the Product on the date of delivery. However, there may be a minor variation in the quantity (subject to a maximum of 100 gms less in quantity). We may increase the quantity also (subject to a maximum of 100 gms more in quantity) in the event price is decreased on the date of delivery. You can place the order by complying the procedures set forth in the Website.
CANCELLATION OF ORDER AND REFUND
We display in the Website only those products which are available. However, in the event, due to any reason we are unable to supply a particular product, we reserve the right to cancel the said product. We also reserve the right to impose quantity limits on any order or to reject all or part of an order. You may cancel an order 48 hours prior to the delivery of the product in which case we will refund the amount to you or issue a credit note to you and you can adjust the said amount in your subsequent purchase. However, if the said cancellation is inside 48 hours of delivery, 50% of the amount only will be refunded.
Once the product is delivered, no refund will be allowed unless it is due to a quality issues in respect of the product as is proved/established by you to our satisfaction. The Company believes in traceability of whatever is delivered and ensures stringent quality standards for our deliveries. In the event of any issues relating to quality and freshness issues, we take utmost importance to understand the reasons in a manner to improve our standards in a continuous basis. In this regard, for the purpose of an initial assessment, an authorized person from the Company will contact you to understand the issue. In the event, the Customer is able to prove the issue to the satisfaction of the Company, the amount will be refunded for the delivery in question.
In the event a refund is approved by the Company, the same will be deposited in your account within 10 working days.
DELIVERY
The products will be delivered to the address given by you at the time of placing the order provided the same is serviceable for our logistic service providers. Once you place an order to a particular address, the same cannot be rescheduled. Our logistics team will make a maximum of one attempt to deliver the order of the Customer. In case the Customer refuses to take delivery, is not reachable or not available the Company reserves the right to cancel the order at its discretion in which case entire amount of the product will be deemed to have been charged and no refund will be made to the Customer. In such an event, the Company may inform about such cancellation by email or SMS at the email address or mobile number provided to the Company. You shall not have any right to hold the Company liable for such cancellation. Title and risk of loss for all the products shall be passed to the Customer upon delivery of the same to the address provided by the Customer.
INTELLECTUAL PROPERTY RIGHTS
The use of the Website by the Customer does not give any rights to the Customer over the intellectual property rights in respect of the contents of the Website. The Company reserves all the intellectual property rights in the Website including the programs, text, content, products, technology, processes and any other material. The Customer shall not use the Website or its contents and shall not copy or store the same in whole or part other than for the purpose of availing the services from the Company. All the trademarks including the names and logos and all related product and service names, design marks and slogans shall be the sole property of the Company and the use of the Website does not authorize anyone to use any name, logo or mark in any manner. All software used on this Website is the property of the Company or its licensees and suppliers and protected by Indian and international copyright laws. Any unauthorized use of the contents including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Website is prohibited.
PROMOTIONS AND COUPONS
Coupons or promotions cannot be clubbed together. Wallet credits given as promotion will not be reimbursed or refunded as cash. Wallet credits are non-transferable. The company reserves the right to change any of these terms and conditions without prior notice, and the company reserves the right to take any decisions on these promotions, which will be deemed final. The following promotions or coupons have validity, as mentioned below.
- Joining bonus – valid until 31 Dec 2022
- Referral bonus – valid until 31 Dec 2022
- WELCOME – Valid until 30 Sep 2022
- ECAONAM – Valid until 30 Sep 2022
TERMINATION
The Company may terminate this Terms and Conditions at any time without giving prior notice to the Customer. The Company may terminate this Terms and Conditions with immediate effect if the Customer commits any breach of his/her obligations as mentioned in this Terms and Conditions. Any such termination shall be without any liability to the Company. Any such termination shall not absolve the Customer of his/her obligations to the Company which were created prior to the such termination.
INDEMNITY
The Customer hereby agrees to indemnify and keep indemnified the Company its directors, employees, officers, agents, successors and assigns from and against all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon actions or inactions including but not limited to breach of any warranties, representations or undertakings or the non-fulfilment of any of the obligations of the Customer under this Terms and Conditions or arising out of the violation of any applicable laws, regulations including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, infringement of intellectual property rights or any other rights, which may result in any loss or liability to the Company or any third party. This clause shall survive the termination of this Terms and Conditions.
MODIFICATIONS OF TERMS AND CONDITIONS
The Customer hereby agrees that the Company reserves the unconditional rights to modify or amend the terms and conditions of availing the services from the Website without any prior consent or notice to the Customer. The Customer shall ensure to make himself/herself updated in respect of the modifications or amendments made by the Company in the terms and conditions from time to time. The use of the Website by the Customer implies that the Customer is agreeable to the terms and conditions including all modifications and amendments thereof.
GOVERNING LAW AND DISPUTE RESOLUTION
Any dispute, difference or claims between the Company and the Customer shall be amicably resolved through discussions and negotiations between the parties. In the event, the parties are unable to resolve the issues by discussion and negotiation, the matter shall be settled by a sole arbitrator to be appointed by the Company. The arbitration proceeding shall be in accordance with the Arbitration and Conciliation Act 1996 and any modification thereof. The venue of arbitration shall be Bengaluru and the language of proceeding shall be in English. Subject to the above, Courts in Bangalore shall have exclusive jurisdiction to deal with any dispute, difference or claims between the parties under this Terms and Conditions.
SEVERABILITY
Any provision of this Terms and Conditions that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.