These Terms of Service (“Agreement”) apply to the use of website – www.everlushfoods.in ("Website"), the Everlush mobile application on iOS or Android devices including phones, tablets or any other electronic device ("Everlush App") and the mobile site - www.m.Everlush.in ("Msite"); whereas the Website, the Everlush App and the Msite are together referred to as the "Platform".
For the purposes of this Agreement, wherever the context so requires "you" or "User" shall mean any person including any natural or legal person who uses the Platform or buys any product of DGPL using any computer system or other device including but not limited to any mobile device, handheld device and tablet and “DGPL” or “we” shall mean Delightful Gourmet Private Limited.
DGPL encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform and / or the purchase of Products (defined below). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with DGPL for other products or services. In the event of any conflict between the terms of this Agreement and any other agreement executed with you, the terms of such other agreement shall prevail in relation to the subject matter thereof.
If you do not agree with this Agreement (including any policies or guidelines referred to herein), please immediately terminate your use of the Platform. If you would like to print this Agreement, please click the print button on your browser toolbar.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms and conditions set forth in this Agreement.
DGPL reserves the right to terminate your membership and/or refuse access to the Platform, if you are below eighteen (18) years of age or otherwise incompetent to contract as per applicable law.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform, subject to the terms of this Agreement. You agree that you will not violate any laws in connection with your use of the Platform or interfere with or try to disrupt the Platform.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on the Platform including the brand name - Everlush (collectively, “Content”) are owned by DGPL or it's licensors. You are expressly prohibited from using any Content without the express written consent of DGPL or it's licensors. Except as otherwise stated in this Agreement, none of the Content may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of DGPL, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on the Platform solely for your personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without DGPL’s express written permission, 'mirror' any material contained on the Platform or any other server. Any permission granted under this Agreement terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed Content.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Platform that —
You agree not to collect information of other users from the Platform or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
DGPL is currently delivering orders of the products listed on the Platform (“Products”) and providing various offers mentioned on the Platform (“Offers”) only at select locations in the cities of Bengaluru, Chandigarh, Chennai, Cochin, Coimbatore, Hyderabad, Jaipur, Mohali, Mumbai, NCR, Panchkula and Pune (“Operating Locations”). We will not be able to service orders at any place other than the Operating Locations. Any modification in the Operating Locations of DGPL shall be mentioned on the Platform.
All Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed an order.
We take care to accurately display the description, colors and images of our Products but, we cannot guarantee nor take responsibility for variations in pictorial representations for the Products and color variation due to technical reasons. Prices and descriptions of the Products are subject to change at any time without notice, at our sole discretion.
We shall not be liable to you or to any third-party for any modification in price, suspension or discontinuance of the Products.
The Platform allows you to place order for Products in standard quantities and the price of each Product displayed on the Platform is also calculated on the basis of standard quantity of the Product. However, due to the nature of the Product there may be a variance between the quantity ordered and the quantity supplied.
We will only charge you for the quantity of the Product that has been supplied to you. In case the quantity of the Product supplied to you is less than the quantity of Product ordered, any excess amounts paid by you shall be refunded to you. The mode of refund shall be as determined by DGPL from time to time, such as, credit to Everlush wallet, Everlush Cash +, or by crediting any other mobile wallet that you may use.
In case the quantity of the Product supplied to you exceeds the quantity ordered by you, any additional amount due from you will be adjusted against your next order.
The Products sold on the Platform are perishable goods. Hence, we recommend that you read the instructions written on the packaging of each Product carefully, before using such Product.
Any offers available on the Platform shall be, in addition to this Agreement, subject to the terms and conditions as may be listed on the Platform in relation to such offers.
DGPL has proprietary rights and trade secrets in the Products. You shall not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by DGPL.
DGPL may charge such delivery and handling charges, as maybe determined by DGPL from time to time along with the applicable taxes.
Although DGPL strives to deliver the orders on time, there may be situations wherein the actual time taken for delivery of a Product shall vary from the delivery time mentioned at the time of ordering such Product. DGPL shall keep you updated about any delays in delivering of Products.
Due to the ongoing Covid-19 pandemic, DGPL has introduced the feature of contact-less delivery to safeguard the health of it's customers and delivery partners. This feature is available at an extra charge of INR 10 per order.
DGPL is the owner of the brand Everlush and the Platform and has the exclusive right, title and ownership of any and all intellectual property rights arising out of it's brand and the Platform.
DGPL may occasionally post links to third party websites or other services on the Platform. You agree that DGPL is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from the Platform.
In addition to making Products available, this Platform also offers information, both directly and through third-party links, about nutritional and dietary supplements. Such information available on the Platform is for general use and you may rely on it solely at your own risk. We will not be liable for any direct, indirect, consequential or other damages arising out of or connected with the use of this information. Further, for any third-party content displayed or accessed through the Platform the sole responsibility for such content is of the person/entity who makes it available.
To access and use the Platform, you may register with us by providing the required information. You are responsible for ensuring the accuracy of this information.
You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. The billing information you provide us, including payment details, billing address and other payment information, is subject to the same accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Platform to further fraud or any unlawful activity is grounds for immediate termination of this Agreement.
By posting, storing, or transmitting any content on the Platform, you hereby grant DGPL a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. DGPL does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. DGPL is not liable for any damage or harm resulting from any posts by or interactions between users. DGPL reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content DGPL deems objectionable, at it's sole discretion.
You agree not to undertake any of the following actions:
Unless you notify us in writing, of your intention to opt out from further direct and indirect marketing communications and solicitations, you are agreeing to continue to receive emails, calls and messages through different mediums for soliciting Products.
You may choose to opt out from receiving future marketing and solicitation communications by following the steps below.
DGPL offers the use of – Everlush Cash and Everlush Cash+ to it's Users.
The Cash Account and Everlush Cash+ is powered by a third-party vendor – Qwikcilver Solutions Private Limited (“Qwikcilver”). The Cash Account and Everlush Cash+ shall be, in addition to this Agreement, subject to the terms and conditions as listed by Qwikcilver and the applicable laws of India.