Terms of Use

This document sets forth the terms of use that apply to the access and use of the website www.choiceslive.in (the website, hereinafter, is referred to as the “Application”) and the Services rendered thereof. The Application is owned and operated by M/s Golden Retail (hereinafter referred to as the “Golden Retail”), a sole proprietorship firm with its office at Ground Floor, B 22, Unitech Shopping Plaza, South City Road, Sector 50, Nirvana Country, Gurugram, Haryana – 122018.

This document (hereinafter referred to as the “Terms of Use”) is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. The Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Application and does not require any physical, electronic or digital signatures.

The Terms of Use constitutes a legally binding agreement between you, the User, and the Golden Retail establishing the rights and obligations pertaining to the use of the Application and availing the services, features, content, and offerings available thereof. Users are requested to carefully read these Terms of Use prior to accessing, browsing or using the Application. Accessing, browsing or use of the Application by the Users, shall be deemed to constitute their acceptance of these Terms of Use and an undertaking to be bound by its provisions. If you do not accept any of the terms and conditions mention under the Terms of Use, it is requested that you refrain from any further use of the Application and exit the Application.

Definitions and Interpretation

Definitions
“Retail Order Terms” means and refers to the terms and conditions in addition to the Terms of Use to which shall be applicable on the Order.

“Retail Order” refers and means an order placed using the order feature of the Application, generating a request to Golden Retail to provide Retail Order Terms for placing of order of purchase of the Product.

“Delivery” shall mean transfer of possession of the Ordered Products to the User.

“Delivery Location” shall mean the address provided by User for Delivery of Purchased Products.

“Offers” shall means and refers to any promotional or advertorial offer provided to the User through the Application, email, SMS or other modes of communication and shall include limited time discounts, freebies and add-on services.

“Ordered Product” Refers the Products ordered by the User for Delivery.

“Product” Refers to the products, including fresh meat, cold cuts,ready-to eat and ready-to-cook products including Third Party Products offered on sale through the Application from time to time.

“Purchase Price” shall mean the amount payable by the User in lieu of the Ordered Products.

“Service Area” shall mean areas of service where Golden Retail delivers the Ordered Products

“Third Party Product” means and refers to the third-party manufactured or pre-packed Products offered for sale through the Application.

 

Interpretations

The terms “you”, “your” and “user” shall mean any natural or legal person who browses through the Application or on behalf of any third person.

The terms “Golden Retail”, “we”, “us” and “our” shall mean M/s Golden Retail.

The “User” and the “Golden Retail” shall individually be referred to as the “Party” and collectively as the “Parties”.

Words denoting any gender shall be deemed to include those of the other gender.

Words using the singular or plural number also include the plural and singular, respectively.

The terms hereof, hereby, hereto, and derivative or similar words refer to this entire Terms of Use or specified clauses of the Terms of Use as the case may be.

The term clause or Schedule refers to the specified clause or Schedule of this Terms of Use.

Heading or bold typeface are used only for the purpose of convenience and shall be ignored for the purpose of interpretation.

Reference to the word include shall be construed as without limitation.

Reference to any legislation or applicable law or to any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.

The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.

 

Eligibility

Only persons who can form legally binding contracts under Indian Contract Act, 1872 shall be eligible to use the Application. By Your continued access, browsing or use, you hereby represent that you are competent to contract under the Indian Contract Act, 1872.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Application. If you are under the age of 18 years (minor), you shall not register as a user and shall not transact on or use the Application. However, the legal guardian or parents may transact or use the Application on behalf of minor.

Golden Retail reserves the right to terminate your registration, refuse service and/or refuse access to the Application, where Golden Retail has reason to believe that you are person incompetent to contract within the meaning of the Indian Contract Act, 1872 or, where Golden Retail at deems fit at its sole discretions to do so.

 

Terms of Service

Golden Retail allows its registered Users to place Retail Orders for purchase of Retail’s Product and delivers Ordered Product at the Delivery Location provided within the Service Area. The pricing of the Ordered Products shall be determined by Retail and displayed on the Application inclusive of any applicable taxes.

The price displayed on the Application is in relation to the particular quantity of Product as provided on the Application and against such Product. Therefore, the price displayed for the Retail Order will also be on the basis of the weight / description of the Product ordered by the User.

Golden Retail reserves the right to refuse any order the User places. Golden Retail may, at its sole discretion, limit or cancel quantities purchased per User, per household or per order. These restrictions may include orders placed by or under the same User account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that Golden Retail makes a change to or cancels an order, Golden Retail shall notify the User by contacting the e-mail and/or billing address/phone number provided within _hours of the placing of the.

Golden Retail will deliver the Ordered Products in accordance with the timeline mentioned in the invoice raised against the Purchase Order. Golden Retail may charge such delivery and handling charges depending upon the Delivery Location and quantity of the Products Ordered by the Users along with applicable taxes. Golden Retail may in its sole and absolute discretion, without giving any prior notice, may revise such charges and Product Prices.

Delivery of the Ordered Products are subject to the following:

• The Delivery Location provided by the User should fall in the Delivery Area of Golden Retail. The Delivery Area may be defined from time to time by Golden Retail at its discretion and is subject to change
• Fulfillment of User’s payment obligations
• Availability of the Product
• Cancellation and refund of Retail Order shall be subject to the Cancellation and Refund Policy.

All and any Offers provided by the User shall be in addition to the Terms of Use and shall be subject to such terms and conditions as maybe determined by Golden Retail.

 

Registration of Account

In order to use some of the features offered by Golden Retail through the Application, you shall be required to register and open an account. Use of any mechanism, device, programme or technique used to bypass the registration and opening of account to avail the services of the Application shall be considered a breach of the Terms of Use and any order placed or service availed shall stand cancelled.

The Users shall provide true, accurate, current and complete information while registering on the Application and undertake to update/inform Golden Retail of any change in the information from time to time as it has a direct bearing on the provision of Services provided by or through the Application of Golden Retail.

Use of any personal information you provide to us during the account creation process is governed by the Privacy Policy. The User must keep its password confidential and the User shall be solely responsible for maintaining the confidentiality and security of its account, all changes and/or updates submitted through its account, and all activities that occur in connection with its account. If the User suspects any unauthorized breach or activity on his/her account the User shall promptly notify Golden Retail.

The User shall not impersonate someone else, create or use an account for anyone other than itself, provide an email address other than its own, create multiple accounts except as otherwise authorized by Golden Retail, or provide or use false information to obtain access to any of the services.

 

Limitated License and Prohibited Use

Golden Retail hereby grants to the Users, a limited license to access and use the Application strictly for availing services thereof, and not modify it, or any portion of it, or any content, information or data available on it except the Personal Data and Business Information that belongs to the User.

This Application or any portion of this Application shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express consent of Golden Retail in writing.

The User is hereby prohibited, and agrees to refrain, from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any of the following information and indulging in any of the following activities:

• Use of the services or the Application in any manner that could damage Golden Retail, the Application or its reputation
  
  
• Access, use, or availing services through the account that belongs to others without their authorization
  
  
• Infringe the Intellectual Property Rights of Golden Retail or any third-party, whether individual or entity
  
  
• Impersonates any person or entity or false claim or otherwise misrepresents your association or affiliation with any person or entity
  
  
• Use any “Deep-Link”, “Page-Scrape”, “Robot”, “Spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application.
  
  
• Damage, circumvent, disable or otherwise interfere with the security-related features of the Application or use software viruses or any other computer code, files or programs designed to interrupt, destroy, limit or impair the functionality of the Application.
  
  
• Probe, scan or test the vulnerability of the Application or disassemble, decompile, decipher or otherwise attempt to discover the source code, by way of reverse engineering or by any other method, of the Application or any part thereof.
  
  
• Use of data mining, robots, crawlers or similar data gathering and extraction tools and technologies in any manner or for any purpose whatsoever
  Intentional interference with the Application to damage, restrict, delay or inhibit operation of the Application or any part thereof by any means, including without limitation, uploading or otherwise disseminating viruses, spyware or other malicious files that consists of contaminating or destructive feature.
  
  
• Availing the services using the Application with a reasonable belief to be potentially fraudulent funds.
  
  
• Post, communicate or otherwise transmit any messages or content which is defamatory, blasphemous, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, harms, minors, hateful, or racially, ethnically, objectionable, disparaging, threatening, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or which discloses private or personal matters concerning Golden Retail or any third-party.
  
  
• Use of services if the Individual User who are not eligible as per the eligibility criteria defined under this Terms of Use.
  
  
• Use of the Application or Product to indulge in or conduct any activity or solicit the performance of any illegal activity or other activities which infringes the rights of others.
  
  
• Providing false, inaccurate or misleading information.
  
  
• Use of the Application to collect or obtain Personal including financial information or Non-personal Information of any other users except with written approval by Golden Retail.
  
  
• Downloading, copying, using, aggregating, reproducing, publishing, modifying, distributing, deleting any data information, data or content without prior consent from Golden Retail or the Users, as the case may be.
  
  
• Engages in any activity including but not limited to sharing of any links relating to any products, items illegal and prohibited by law.
  
  
• Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal.
  
  
• Interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application or another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services.
  
  
• Any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application, servers or networks, or any systems or networks connected to Golden Retail.
  
  
• Engage in advertising to or solicitation of, other users of the Application to buy or sell any services, including, but not limited to, services being displayed on the Application or related to Golden Retail.
  
  
• Any unauthorized or commission of any of the prohibited activities as aforesaid shall entitle Golden Retail to terminate the permission or license granted to the Users by Golden Retail as stipulated herein.

 

Content, Intellectual Property, and Third-party Links

The User acknowledges and agrees that the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Application such as Trademarks, Copyrights, Patents, Designs and includes without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, trade secrets, the look and feel of the Application and the compilation and arrangement of the content and materials on it exclusively belong to Golden Retail, its suppliers and licensors. User’s access or usage of the Application does not confer upon them any right or license in the intellectual property or proprietary information of Golden Retail as stipulated herein.

Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of Golden Retail as aforesaid in any manner whatsoever without the express consent of Golden Retail or use the same for any commercial purposes.

The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to Golden Retail, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which Golden Retail shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability.

The User acknowledges and agrees that any links to third-party websites and mobile applications are provided solely as a convenience to the User. Golden Retail does not endorse the contents on any such third-party link, websites and mobile applications nor does Golden Retail undertake to examine and evaluate the same. Golden Retail shall not be responsible for the content of or any damage that may result from your access to or reliance on these third-party websites and mobile applications. Use of link to third-party websites, shall be at the sole risk of the User.

 

Representation and Warranties

The Users represent and warrant that they are legally competent and have the complete right and authority to enter into these Terms of Use in accordance with applicable laws and the execution, delivery, and performance of these Terms of Use by such User shall not constitute a violation of any laws, breach of any agreement or require the permission of any third party or governmental authority.

The Users represent and warrant that all the information, data, and content provided by such Users on the Application is true, accurate and up to date and undertake to provide any other information that may be required by Golden Retail for the purposes stipulated herein. The Users undertake that in the event Golden Retail requires any proof, whether documentary or otherwise of the information and data provided by such Users on the Application they shall forthwith provide the same to Golden Retail.

The Users represent and warrant that they possess the rights, titles, and interest in any and all the information and content provided by such Users on the Application and the posting or submission of such information and content shall not constitute the violation or infringement of the rights of any other person or entity.

 

User Obligations

The Users shall provide accurate, complete and up to date information at the time of registration and creating an account on the Application and shall ensure that they possess the rights, titles, and interests in the data, information and content they submit on the Applications.
The Users agree and acknowledge that Golden Retail shall in its discretion be entitled to verify the information provided by the Users and the Users shall cooperate with and provide adequate proof of the same to Golden Retail for its verification as and when requested by it.

The account of the Users and their username and passwords shall solely and exclusively be for their personal use and the Users shall at all times ensure the confidentiality of their username, password, and identification and shall be solely responsible for all activities on his/her account. The Users shall forthwith notify Golden Retail in the event of any unauthorized activity pertaining to their account.

The Users shall maintain abide by all laws, rules, regulations, guidelines, ordinances, and orders in force at all times during the term of these Terms of Use.

 

Limitation of Liability

Except as otherwise provided under applicable laws, Golden Retail, any or all of its directors, shareholders, officers, managers, employees, agents shall not be liable for any damages whatsoever arising out of or related to the use of this Application or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages the Users or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if notified in advance of the potential for any such damages.

Golden Retail reserves the right to cancel either completely or partially or to suspend, without assigning any reason, any Orders,Application access or use, upon the misuse of the Application by the User if Golden Retail detects any anomaly or abnormality or error, either technical or non-technical, or violation of this Agreement or violation of ethical business practices or violation of applicable laws of India and their provisions or erroneous declaration, either intentional or non-intentional, in the use of the Application by a User, including such defects in such information furnished during registration

To the extent permitted under applicable laws, Golden Retail will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Application content or Products; (b) the cost of procuring substitute Products or content; (c) any Products purchased or obtained or transactions entered into through the Application; or (d) any lost profits alleged by the User.

To the extent permitted under applicable laws, Golden Retail will not be held liable to any loss or damage, monetary or otherwise, or any loss or damages arising due to dispute arising between User and manufacturer or seller of a Third-Party Product, for any reason whatsoever. The User agrees to not make Golden Retail or its affiliates a party to any suits filed in this regard before any authority.

Notwithstanding anything to the contrary contained herein, if Golden Retail is held liable for proven and actual loss or damage arising out of your use of the Application on account of acts or omissions of Golden Retail, any liability of Golden Retail towards you for any reason or cause whatsoever shall be limited to the transaction amount paid in last one month from any such claim arising, less shipping and handling costs and taxes, for Products purchased by the User via the Application.

 

Indemnity

Users shall indemnify and hold harmless Golden Retail and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by Golden Retail as a result of or arising out of a User’s

• Breach or violation of the provisions stipulated in these Terms and Conditions
• Breach of any representation or warranty
• Use of the Application and its content
• Availing the services, features, and offerings available on the Application
• Violation of the intellectual property or proprietary right of Golden Retail or any third-party
• Violation of the privacy, confidentiality, information or any other right of Golden Retail or any third-party
• Violation of any applicable laws
• Any act, omission, fraud, misrepresentation on part of the User

The foregoing right to indemnity shall be in addition to any other right that may be available to Golden Retail in equity or under applicable laws and the indemnity rights shall survive the termination of these Terms of Use and Users usage of the Application.

 

Term, Termination, and Violation

These Terms of Use shall be valid and continue to be operative as long as the Users continue to use the Application.
The Users are entitled to terminate these Terms of Use anytime by discontinuing their usage of the Application and communicate the same in writing to Golden Retail.

Golden Retail shall be entitled to terminate the usage, access, or membership of a User at any with immediate effect and with or without cause wherein the term cause shall mean the breach of any of the terms and conditions stipulated in these Terms of Use by a User.

The rights, liabilities or obligations under these Terms of Use that may have accrued to Golden Retail prior to the termination or expiration of these Terms of Use shall not be affected by such termination or expiration and Golden Retail shall be entitled to enforce such rights, liabilities or obligations against the Users regardless of the same

 

Force Majure

Golden Retail shall not be under any liability for failure to perform any of its rights and obligations under these Terms of Use, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, state enemies, or any other reasons or circumstances beyond our control.

 

Amendment and Waiver

Golden Retail reserves the right to make such changes, amendments, modifications, to these Terms of Use as it may deem necessary in its discretion from time to time and the decision of Golden Retail shall be final and binding regarding the same. The amended Terms of Use shall be effective and legally binding from the date it is posted and uploaded on the Application and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review the Terms of Use from time to time so as to keep themselves apprised of all such changes and modifications.
No failure to exercise and no delay in exercising any right or remedy under these Terms of Use shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.

 

Relationship

The Parties have not created a partnership and nothing contained in these Terms of Use shall, in any manner whatsoever, constitute any party the partner, agent or legal representative of the other Party, nor create any fiduciary relationship between them for any purpose whatsoever except as may be, from time to time, agreed upon between the Parties in writing or as otherwise expressly provided herein. Neither Party shall have any authority to act for or to assume any obligation or responsibility of the other.

 

Communication

By registering as User on the Application, the User consents and agrees to receive communications from Golden Retail using various channels of communication including, but not limited to, SMS, calls, emails, mobile notifications etc. regarding the usage of the Application and the solicitation and promotion of its Services, features, and offerings, verification of the User availing services.
The User may communicate with Golden Retail through the Application using the chat support feature. The User agree to allow Golden Retail to use any information provided through the chat support feature, of the User and Golden Retail may share such information with any person Golden Retail may deem fit. Further, Golden Retail may use such information to optimize and improve its products and services further. While Golden Retail encourages its Users to share their views, feedback, opinions and rates etc, the User shall ensure that this is done in a respectful manner.

 

Assignment

These Terms of Use and the rights and obligations stipulated herein are personal in nature to the Users and they shall not be entitled to assign, transfer or subcontract any of their rights and obligations under these Terms of Use to any other individual or entity except with the prior written consent of Golden Retail. However, nothing contained herein shall preclude Golden Retail from assigning or transferring any of its rights and obligations under these Terms of Use in its discretion.

 

Severability

In the event that any provision in these Terms of Use is found to be invalid or unenforceable, the offending provision shall be severed from the Terms of Use and the remaining provisions shall continue to be enforceable and operate as originally written.

 

Survival

The Provisions which, by its nature or express terms should survive, will survive such termination or expiration of these Terms of Use.

 

Dispute Resolution

In the event of any claims or disputes between a User and Golden Retail (excluding the disputes between the Service Provider and Service Recipient) arising in connection with the execution, interpretation, validity, performance, breach or termination of these Terms of Use and any of its provisions, wherein such disputed cannot be amicably resolved by the Parties by way of good faith negotiations amongst themselves, all such disputed shall be first submitted for settlement by informal mediation to a panel consisting of one nominee of each Party.

In the event of failure to settle the disputes in accordance with the modes stipulated above within a period of 30 days, all the disputes or differences so arising between the Parties shall in Golden Retail’s discretion be referred to and settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by Golden Retail. The Parties shall endeavor to expedite the arbitration proceedings and complete the same at the earliest and shall render full co-operation for the same. The place of arbitration shall be Gurgaon, Haryana. The award given by the arbitrator shall be final and binding on the Parties. The costs pertaining to the arbitration shall be borne by the Parties in accordance with the award passed by the arbitrator.

 

Governing Law and Jurisdiction

The terms and conditions of this agreement shall be governed by Indian law and the courts in Gurugram, Haryana shall only have exclusive jurisdiction to resolve any disputes.

 

Entire Agreement

Except where otherwise expressly provided, these Terms of Use constitutes the entire agreement and understanding between the Users and Golden Retail with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written agreements or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and Conditions and any other similar documents or understanding the provisions of these Terms of Use shall prevail.

 

Grievance Officer

In case of any complaints or grievances, the user may contact the Grievance Officer as under User will be contacted with in 48 working hours for redressal.

Name    :   Mr. Akshay
Email    :   info@choiceslive.in (Subject: Grievance Officer)
Phone   :  +91-73030 26857
Address : Ground Floor, B 22, Unitech Shopping Plaza
                     South City Road, Sector 50, Nirvana Country
                     Gurugram, Haryana – 122018