Usage Terms
THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 AND CONSUMER PROTECTION (E-COMMERCE) RULES, 2020. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN CRUNCHFOX AND THE USER. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN CRUNCHFOX AND THE USER FOR PRODUCTS THROUGH THE PLATFORM https://crunchfox.in. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS ARE NOTIFIED BY CRUNCHFOX.
1. Introduction
Welcome to https://crunchfox.in, the official website of Crunchfox, a brand engaged in offering premium quality food products including makhana and related snacks.
Crunchfox aims to deliver carefully selected, hygienically packed, and high-quality food products for individual customers and businesses alike. All trademarks, logos, product names, and content displayed on this Platform are the exclusive property of Crunchfox and are protected under applicable laws of India.
Any reference to “Crunchfox”, unless repugnant to the context, shall include its owners, operators, successors, and permitted assigns.
If You (“You / Yourself / User / Customer”) continue to browse or use this Platform, You agree to comply with and be bound by these Terms and Conditions (“Terms of Use”), which together with our Privacy Policy, govern Crunchfox’s relationship with You.
If You do not agree with any part of these Terms of Use, You must discontinue the use of this Platform immediately.
2. DEFINITIONS
For the purposes of these Terms and Conditions, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:
i. “Defective Products” shall include products that are:
a. expired or not in accordance with the description or details provided on the Platform; or
b. defective, damaged, leaked, tampered with, or otherwise not suitable for consumption at the time of delivery; or
c. incorrect products delivered in place of the product(s) ordered by the User.
ii. “Crunchfox”, “we”, “us”, or “our” shall mean Crunchfox, a brand owned and operated by PMF Private Limited, a company incorporated under the laws of India, having its business address at Mirchabari, [City], [State], India.
iii. “Product(s)” shall mean packaged food and snack items offered for sale on the Platform, including but not limited to:
a. Makhana (fox nuts), including plain roasted and flavoured varieties such as Peri-Peri, Black Salted Pepper, Cheese-Pop, Minty, Tomato Tang, and Choco-Pop.
b. Banana chips, including flavoured varieties such as Salted, Peri-Peri, Chilli Tomato Tang, and Creamy Onion.
c. Dates bites, being bite-sized date-based snack products prepared for consumption.
d. Dates chocolates, being dates coated or filled with chocolate or similar confectionery preparations.
All Products are prepared, processed, packed, and sold in compliance with applicable food safety laws, standards, and regulations in India.
iv. “Platform” shall mean the website https://crunchfox.in, including all web pages, features, and services owned, operated, and managed by Crunchfox.
v. “User”, “You”, “Your”, or “Yourself” shall mean any individual or entity who accesses, browses, registers on, or purchases Products through the Platform.
3. USE OF PLATFORM
i. Use of the Platform is subject to these Terms & Conditions, Privacy Policy, and any other policies, guidelines, or conditions that may be notified on the Platform from time to time.
ii. Users are not required to pay any fee to access or browse the Platform. To purchase any Product available on the Platform, You may add the selected Product(s) to Your cart and complete the applicable payment process.
iii. You acknowledge and agree that it is Your responsibility to carefully read and understand all information, descriptions, ingredients, and other details relating to the Product(s) before placing an order on the Platform.
iv. While placing an order, You shall provide accurate and complete personal information, including but not limited to Your full name, delivery address, contact number, and email address, to ensure proper order processing and delivery.
v. Before initiating the payment process, You shall ensure that all information provided by You for delivery of the Product(s) is correct and complete. In case of incorrect or incomplete information, Crunchfox shall not be responsible for non-delivery or incorrect delivery of Product(s), and any additional costs incurred for replacement or re-delivery shall be borne solely by You.
vi. Upon clicking on the “Add to Cart” or proceeding to checkout, You shall be redirected to the payment gateway to complete the payment as per the terms and conditions of the respective payment service provider. Upon successful payment, You may receive order confirmation via email, SMS, or WhatsApp, as applicable.
vii. You agree that Crunchfox may communicate information relating to orders, updates, offers, promotions, and other notifications through the Platform, email, SMS, WhatsApp, social media platforms, or any other mode of communication, unless You choose to opt out where such option is available.
4. PRODUCT DESCRIPTION
Through this Platform, we provide Products to Users as mentioned below:
i. Products related to Makhanas (Fox Nuts) including:
a. Plain / Roasted Makhana
b. Flavoured Makhana including Peri-Peri, Black Salted Pepper, Cheese-Pop, Minty, Tomato Tang and Choco-Pop.
ii. Products related to Banana Chips including:
a. Salted
b. Peri-Peri
c. Chilli Tomato Tang
d. Creamy Onion
iii. Products related to Dates including:
a. Dates Bites
b. Dates Chocolates
iv. All Products offered on the Platform are packaged food items prepared, processed and packed in compliance with applicable food safety laws and regulations.
v. We may expand or reduce the range of Products offered by us on the Platform at our sole discretion without prior notice.
vi. Any recommendation made to You on the Platform during the course of Your use of the Platform is purely for informational purposes and for Your convenience and does not amount to verification or endorsement of the Products by the Platform or any of its associates. Recommendations are not binding on You and may be based on various factors including user choices, reviews, ratings or past performance of Products.
vii. You may rate Products on usage. However, You shall not post any comments or remarks that are false, misleading, abusive, defamatory or malicious in nature.
viii. We may share information regarding new arrivals, offers or updates through email, WhatsApp or SMS.
ix. You understand, acknowledge and agree that the Platform shall raise an invoice to You and You shall pay the amount mentioned therein as directed.
5. MODE OF PAYMENT
i. Following payment mechanisms shall be available on the Platform:
a. Net Banking
b. Credit / Debit Cards
c. UPI
d. Wallet services (such as Paytm, Google Pay, PhonePe, etc.)
e. Cash on Delivery (COD), subject to availability
ii. The User agrees to make payment using the payment gateway or any other payment mode made available on the Platform from time to time. The User agrees to abide by and adhere to the terms and conditions of the respective payment gateway service providers. The Platform shall display the prices of the Products, inclusive or exclusive of applicable GST or other taxes, as may be applicable from time to time.
iii. Payments shall be processed through secure and permissible payment gateways. The User understands and acknowledges that while Crunchfox takes reasonable precautions to provide a secure online payment environment, the payment process may be susceptible to technical errors, hacking, system failures, or unauthorized access. The User agrees to make payments at their own risk and discretion. Crunchfox shall not be held liable for any loss or damage arising due to such errors, failures, or unauthorized activities beyond its reasonable control.
8. Delivery
i. The Platform is responsible for facilitating and coordinating the delivery of the Products as per the order placed by the User and accepted by the Platform. The delivery of Products shall be carried out through authorized delivery partners appointed by Crunchfox.
ii. Force Majeure: The timelines related to delivery are mentioned under our Shipping Policy and may be affected in the event of occurrence of a Force Majeure Event. Under such circumstances, the Platform shall not be held liable for any delay in delivery of Products to the Users.
“Force Majeure Event” shall include, without limitation, acts of nature or causes beyond reasonable control of the Platform, including but not limited to internet failures, computer or system failures, telecommunication failures, shortage of manpower, machinery breakdown, strikes, government regulations or restrictions, epidemics, pandemics, lockdowns, lockouts, floods, storms, electrical failures, civil disturbances, riots, or any other unforeseen events beyond the control of Crunchfox.
9. CUSTOMER SUPPORT
i. In case You have any complaint related to the Product or use of the Platform, You may email us at support@crunchfox.in.
ii. In case You notice any content on the Platform which is inappropriate, offensive, indecent, or objectionable with respect to religious values, culture, caste, nationality, or beliefs, You shall intimate us by emailing at support@crunchfox.in.
iii. Details of the grievance officer shall be made available by Crunchfox on the Platform. Crunchfox shall make reasonable efforts to acknowledge and address Your complaints within forty-eight (48) hours and endeavour to resolve such complaints within one (1) month from the date of receipt of the complaint.
10. CHANGE IN TERMS
The Platform reserves the right at any time and from time to time to modify, amend, update, or discontinue, temporarily or permanently, the Products or any part thereof available on the Platform, with or without prior notice. Further, the Platform reserves the right to change, revise, or update these Terms of Use at any time.
The Platform may provide notification or display a notice on the Platform in case of any changes to the Terms of Use or any other policy. You are responsible for reviewing the Terms of Use periodically to remain informed of any updates or modifications.
Your continued use of the Platform after any such changes shall constitute Your acceptance of and agreement to be bound by the revised Terms of Use. If You do not agree with any modification to these Terms of Use, any policy, or any practice of the Platform, Your sole remedy shall be to discontinue the use of the Platform.
11. CONTENT AVAILABLE
We follow ethical business practices and intend to provide content on the Platform that is authorized, relevant, and applicable, and which does not infringe the rights of any third party. You acknowledge and agree that the Platform does not make any representations or provide any warranties regarding the accuracy, completeness, or reliability of any material, data, or information including, without limitation, text, images, photographs, videos, audio files, software, code, or any other content shared by Users or any third-party content providers (collectively referred to as “Content”) that You may access through the Platform.
Under no circumstances shall the Platform be held liable in any manner for any Content, including but not limited to infringing Content, errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked, or otherwise made available through the Platform.
You understand and acknowledge that by using the Platform, You may be exposed to Content that You may consider inappropriate, offensive, indecent, objectionable, or otherwise unacceptable due to religious values, culture, caste, nationality, beliefs, or any other reason.
In case You notice any violation of Your intellectual property rights or any objectionable Content on the Platform, You shall report the same by sending an email to support@crunchfox.in. Upon receipt of such complaint, the Platform shall take appropriate action in accordance with applicable laws, which may include removal of such Content.
12. CONTENT SUPPLIED BY YOU
i. You represent, warrant, and agree that any content, information, or details shared by You with the Platform (“Your Content”) do not violate or infringe upon the rights of any third party, including but not limited to any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, and do not breach any confidentiality obligation or contain any defamatory, libelous, unlawful, or otherwise objectionable material.
ii. You grant Crunchfox a personal, limited, revocable, non-transferable, and non-exclusive right to use, display, reproduce, promote, or distribute Your Content and details, including but not limited to reviews, comments, text, images, videos, audio, trademarks, product marks, or logos submitted by You, solely for the purpose of operating, promoting, and improving the Platform and providing access to other Users.
iii. You agree and acknowledge that You are solely responsible for Your Content made available by You through the Platform, including but not limited to any liabilities, claims, or damages arising out of any third-party infringement or legal disputes related to such Content.
iv. Crunchfox reserves the right, at its sole discretion, to screen, refuse to post, remove, modify, or edit Your Content at any time and for any reason or no reason, without prior notice. Crunchfox is under no obligation to monitor any public forum. In case Crunchfox chooses to review or screen Your Content, there may be a delay in publishing such Content. If required, Crunchfox may contact You to seek additional information or clarification, including verification of ownership or permission to use any copyrighted material.
13. PROHIBITED CONDUCT
You agree that You shall not engage in any of the following activities while using the Platform:
i. Violating laws and rights: You shall not (a) use the Platform for any unlawful purpose or in violation of any applicable local, state, national, or international laws, or (b) violate or encourage others to violate the rights or obligations of any third party, including but not limited to infringement, misappropriation, or violation of intellectual property, confidentiality, privacy, or proprietary rights.
ii. Solicitation: You shall not use the Platform or any information available on the Platform for transmitting advertising, promotional materials, junk mail, spam, chain letters, or any other form of unsolicited or unauthorized solicitation.
iii. Disruption: You shall not use the Platform in any manner that may disable, overburden, damage, impair, or interfere with the proper functioning of the Platform or restrict any other User’s use and enjoyment of the Platform, including but not limited to (a) uploading, transmitting, or distributing viruses, malware, spyware, worms, or any other harmful or malicious code, or (b) interfering with or disrupting any network, server, or system connected to the Platform or used to provide Products or services.
iv. Harming others: You shall not post, upload, share, or transmit any content that is harmful, offensive, obscene, abusive, defamatory, hateful, discriminatory, misleading, or invasive of another person’s privacy, or that promotes illegal activities. You shall not harass, threaten, or intimidate any individual through the Platform, nor shall You post or transmit any personally identifiable information of another person without obtaining such person’s express consent.
v. Impersonation or unauthorized access: You shall not impersonate any person or entity, misrepresent Your identity or affiliation, use or attempt to use another person’s account or personal information, or attempt to gain unauthorized access to the Platform, its systems, servers, or networks through hacking, password mining, or any other unlawful means.
14. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that the use of the Platform is entirely at Your own risk and that the Platform and the Products therein are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary
Platform further disclaims that:
i. The Platform intentionally does not provide any Product that may be harmful to Users. However, if a particular User is allergic to any Product, the Platform shall not be held liable in any manner whatsoever. Users are advised to carefully read the Product description, ingredients, and related information before making a purchase.
ii. The Products are sourced from trusted and well-established wholesale suppliers with whom Crunchfox has cultivated strong and long-standing relationships. These suppliers are carefully selected to ensure that their quality and sourcing standards align with Crunchfox’s commitment to excellence. Notwithstanding the above, the Platform does not provide any warranty regarding the specific taste, texture, or other subjective qualities of the Products.
iii. The Platform shall not be liable for any damage, spoilage, or deterioration of Products during shipping or storage, unless such damage is caused due to negligence directly attributable to the Platform.
iv. The Platform has made reasonable efforts to display the photographs and images of the Products as accurately as possible. However, the actual Product color, size, or shape may vary due to photographic lighting, camera angles, monitor settings, or other technical factors. You understand and acknowledge that such variations shall not be considered a Defective Product and shall not be eligible for return or exchange on this basis.
v. The Platform may, from time to time, suspend its operations temporarily for maintenance, updates, or support activities as deemed necessary. The Platform shall not be liable for any inconvenience, loss, or damage caused to You during such periods of suspension.
We shall not be responsible for any:
i. Content shared on the Platform by any third party;
ii. errors, mistakes, or inaccuracies of any content available on the Platform;
iii. personal injury or property damage of any nature whatsoever resulting from Your access to or use of the Platform;
iv. any unauthorized access to or use of Crunchfox’s servers and/or any and all personal information and/or financial information stored therein;
v. any interruption, suspension, or cessation of transmission to or from the Platform;
vi. any bugs, viruses, trojan horses, or similar harmful elements that may be transmitted to or through the Platform by any third party; and/or
vii. any 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, communicated, transmitted, or otherwise made available via the Platform. Crunchfox does not warrant, endorse, guarantee, or assume responsibility for any Product advertised or offered through the Platform or any hyperlinked platform or featured in any banner or other form of advertising.
15. LIMITATION OF LIABILITY
In no event shall Crunchfox, its officers, partners, employees, or agents, be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if Crunchfox has been advised of the possibility of such damages) arising out of or resulting from any aspect of Your use of the Platform or purchase of the Products. This includes, without limitation, damages arising from the use or misuse of the Platform, inability to use the Platform, or from the interruption, suspension, modification, alteration, or termination of the Platform.
Such limitation of liability shall also apply in respect of any damages incurred by reason of Products purchased, rendered, or advertised through the Platform or any links on the Platform, as well as by reason of any information, opinions, or advice received through or advertised in connection with the Platform or any links available thereon. These limitations shall apply to the fullest extent permitted by applicable law.
You specifically acknowledge and agree that Crunchfox shall not be liable for any user details, content, or any defamatory, offensive, or illegal conduct of any User or third party, and that the risk of harm or damage arising from the foregoing rests entirely with You.
In any event, the total aggregate liability of the Platform to You under any applicable law whatsoever, for all loss or damage arising out of access to or use of the Platform, shall be limited to the amount of the disputed Product purchased by You through the Platform.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Crunchfox, its officers, partners, employees, affiliates, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) any details or content submitted, posted, or transmitted by You in connection with the Products; (ii) Your violation of any rights of any other person in connection with the Platform; (iii) infringement of any third-party intellectual property or proprietary rights; (iv) any breach of the terms and conditions of these Terms of Use; (v) any breach of applicable laws, rules, or regulations; and (vi) any representations, warranties, or transactions (present or subsequent) made or entered into by You with other Users in relation to the Products or use of the Platform.
17. PRIVACY POLICY
The Platform is committed to responsibly collecting, using, and handling the information and data obtained through the Platform in accordance with its Privacy Policy. Users are advised to refer to and review the Privacy Policy available on the Platform.
All information and data provided by Users shall be stored, processed, and maintained by Crunchfox, the administrator of the Platform, and shall be used strictly in accordance with the terms and conditions of the Privacy Policy and applicable laws.
18. OWNERSHIP OF INTELLECTUAL PROPERTY
The Platform and all rights, including but not limited to intellectual property rights subsisting under or in relation to the Platform, are owned by Crunchfox and/or its affiliates, subsidiaries, licensors, or Users, as applicable. The Platform respects intellectual property rights, and Users are strictly prohibited from using any content available on the Platform for professional gain, commercial purposes, or on social media platforms without prior written permission from Crunchfox.
If You believe that the Platform contains any material that infringes Your intellectual property rights, You are requested to notify us immediately. Upon receipt of a valid intellectual property infringement claim and if deemed appropriate, Crunchfox may remove such content and/or take any other suitable action at its discretion. If You believe that any material or Product infringes copyright, You may notify us by emailing support@crunchfox.in with relevant details.
All materials available on the Platform, including but not limited to audio, images, software, text, graphics, icons, logos, and other similar content (collectively referred to as “Platform Content”), are protected under applicable copyright and intellectual property laws. You may not use the Platform Content except as expressly permitted herein. Any unauthorized use of the Platform Content may result in liability under the Copyright Act, 1957 or any other applicable laws in force from time to time.
Crunchfox and its associated logos, brand names, product marks, and trademarks displayed on the Platform are proprietary and may be owned or licensed by Crunchfox. Display of such intellectual property on the Platform does not grant You any license or right to use the same. Any unauthorized use of Platform Content, trademarks, logos, or product marks may violate copyright laws, trademark laws, privacy and publicity laws, and may attract civil and criminal liability.
19. TERMINATION
If You wish to terminate this Agreement, You may immediately discontinue accessing or using the Platform. Your right to access and use the Platform shall automatically terminate upon any material breach by You of these Terms of Use. The Platform reserves the right, at its sole discretion, to suspend, modify, or discontinue Your account or access to the Platform at any time in the event of any material breach of the obligations under these Terms of Use.
Survival: The disclaimer of warranties, limitation of liability, indemnification, ownership of intellectual property, governing law, jurisdiction, and all other provisions which by their nature are intended to survive, shall survive any termination of this Agreement.
20. MISCELLANEOUS TERMS
i. Choice of Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of India. Acceptance of these Terms of Use shall be deemed to have been given at the place of business of Crunchfox, and the courts having jurisdiction over such place shall have exclusive jurisdiction to entertain any proceedings relating to or arising out of these Terms of Use, to the exclusion of all other courts in India.
ii. No waiver: The failure of the Platform at any time to require performance by You of any provision of these Terms of Use shall not affect the right of the Platform to require such performance at any later time. Any waiver of a breach must be in writing and shall not be deemed a waiver of any subsequent breach.
iii. Severability: If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable by any court or competent authority, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
iv. No agency relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Platform as a result of these Terms of Use or Your use of the Platform.
v. Entire Agreement: These Terms of Use, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between You and the Platform with respect to the subject matter hereof and supersede all prior or contemporaneous communications, understandings, or agreements between You and the Platform relating to such subject matter.
