Terms and Conditions
Terms & Conditions
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. This webpage contains the Terms & Conditions governing your access to and use of https:// Wheafree.com (the “Website” or “Site”). If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Cheirz Food & Beverages, its dealers, affiliates and partners.
Site Information & General Disclaimer
This website is an Internet based content and e-commerce portal owned, operated, and maintained by Cheirz Food & Beverages, a company incorporated under the laws of India. This website is created for your information, communication, enjoyment and online shopping. Usage of the website and the information is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the website from time to time. Wheafree at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof. Wheafree makes no representations or warranties in regards to the reliability, accuracy or completeness of the material on this website.
Services Offered: Wheafree.com provides delivery of a range of healthy food products through the Web Site (all such services, collectively, the “Service. Upon placing an order, Wheafree.com shall ship the product to you and be entitled to its payment for the Services.
Access and Usage of the Services
The User may access and use the Services and any content available on the Platform at their own risk. You shall not display, sell, copy, reproduce, distribute, transmit, broadcast, license or otherwise exploit any content on any Platform for any other purposes. You shall not reverse-engineer, disassemble and attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. You agree and understand that on using the Services, the User will be exposed to content from a variety of sources and the Company at any time will be responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content on the Platform. This content might be deemed by you to be inaccurate, offensive, or objectionable but you agree to waive any legal or legal or equitable rights or remedies you have or may have against the Company with respect to it. Also, the company may, but is not obligated to, monitor or control the content posted on the Platform and/ or via the Services. You agree to indemnify and hold harmless the Company, directors, employees or any of its related staff, as per the permitted by the applicable law, to the full extent in regards to all and any matter the use of the Services and any other content posted by you through the access/use of the Platform and/or the Services. Usage of our products and Services should not replace your good judgment and common sense. The User must read and comply with all information, ingredients, nutritional content and disclaimers etc. that accompany your product or these Services.
Intellectual Property Rights: Copyrights and Trademarks
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Wheafree.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Wheafree.com without obtaining authorization from Wheafree.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Trademarks displayed on this Website are the property of Cheirz Foods & Beverages in India and/or internationally. Any absence of a product name or logo from this list in no way constitutes a waiver of Cheirz Foods & Beverages intellectual property rights. Any improper use of the trademarks displayed on this Platform is strictly prohibited. Without the express written agreement of Cheirz Foods & Beverages, no material contained/displayed on this website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use.
User Conduct and Rules
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not: 1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; 2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; 4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; 5. conduct or forward surveys, contests, pyramid schemes or chain letters; 6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; 7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; 8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; 9. violate any applicable laws or regulations for the time being in force in or outside India; and 10. Violate any of the terms & conditions of this Agreement or any other terms & conditions for the use of the Website contained elsewhere herein. 11. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Wheafree.com, its associates and partners on any property owned by Wheafree.com.
Pricing, Payment, Shipping and Delivery
The products quoted on the Website are in Indian National Rupees. These prices are inclusive of GST and any applicable taxes but may exclude delivery costs and these will be added to the total amount due where applicable. All prices are in Indian rupees. Prices, products and Services may change at the discretion of Wheafree.com.
Payment for orders are made at your discretion and you can pay viz. your credit card or debit card or net banking or via any prepaid instruments as has been detailed under the Website. The company expressly disclaim any liability and responsibility from claims arising from, related with or incidental to the processing, usage and storage of information provided by you to the payment gateway platforms. We will initiate the delivery of the order only upon the required payment has been received. You acknowledge and agree that our Platform payment gateway shall direct you to third-party sites or pages or applications that are not affiliated with us. The company does not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties and will not be responsible to examine or evaluate the content or its accuracy.
Title and risk of loss for all products ordered by you shall pass on to you upon Wheafree.com’s shipment to the shipping carrier.
Our delivery partners reserves the rights to cancel the order(s) at their discretion if the customer is unable to meet their delivery conditions. Wheafree will not be responsible for any action taken by the delivery partners.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Disclaimer of Warranties; Limitation of Liability
Wheafree.com has endeavoured to ensure that all the information on the Website is correct, but Wheafree.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Wheafree.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Wheafree.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Wheafree.com shall not be held responsible for no availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Wheafree.com ‘s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. The User agrees that from time to time we may modify, suspend, restrict or remove our Services for an indefinite or uncertain periods of time and may cancel the Services the any time, without notice to you. Your use/ inability to use of the Services is expressly agreed by you to be at your sole risk. Except as expressed by the Company, the Services delivered to you are) provided on an ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind.
The Company is not responsible for examining or evaluating the content or accuracy of any third party and/or their linked sites or pages or applications. Also, we do not warrant and will not be liable or responsible for any material or websites or pages or application or any information data of the third party. The User acknowledges and agrees that we can provide you with access to third-party tools but we do not monitor, possess control or provide input to it. We have no liability whatsoever arises from or is relating to your use of optional third-party tools and the User is solely responsible for its use and should ensure to familiarise oneself with the terms on which these tools are provided. In no case shall the Company, our affiliate entities, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any manner to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services or on the Platform, even if advised of their possibility. No modification, extension, or addition to the warranty is authorized to be made by the Company reseller, agent, or employee in respect to any of our products or Services.
You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any losses, injuries, claims, demands, proceedings, penalties, interests, costs and expenses, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the Policies of the Company or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. The indemnification rights of the Company shall be in addition to any rights that may be available to the Company under applicable law (including injunctions and specific performance reliefs), none of which shall be affected in any manner whatsoever.
User Comments and Feedback provided
You agree that the Company may at any time and without restrictions can edit, copy, publish, translate, distribute and use in any medium the creative ideas, suggestions, proposals, plans, feedback or other materials provided to us online, via email, postal mail or otherwise (collectively, ‘comments’). The Company is not responsible to maintain and/or respond to any comments in confidence and to pay any sort of compensation for any comments. The Company may but is not obligated to edit, remove or monitor the comments or content. The Company has the sole discretion to determine and remove an content and/or comment it deems to be unlawful, threatening, defamatory, offensive, libellous or is in anyway objectionable or is in the nature to violate the intellectual property rights or the Terms & Conditions of any party. The User agrees and will make sure that any of their comments will not violate any rights of the Company and its third parties. This is applicable to the trademark, privacy, copyright, personality and other proprietary/personal right if the aforementioned parties. The User cannot make a false email address and/or pretend to be someone else and mislead the Company and/or its third parties as of the origin and content of any of the comment. The responsibility of the accuracy of the comments is solely on the User making it. The Company takes no responsibility and assume no liability for the comments posted by the User and any third party.
The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. The Terms & Conditions and any other Policies or operating rules posted by us on our Platform or in respect of the use of the Services, governs User’s use of our Services and constitutes the entire agreement and understanding between the Company and the User of the Service and the Platform. This will supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions and the Policies shall not be construed against the drafting party.
Wheafree.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or Wheafree.com terminates your use of the Website or any Service, Wheafree.com may delete any content or other materials relating to your use of the Service and Wheafree.com will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Questions about the Terms & Conditions should be sent to us at email@example.com