Terms of Service – Kashfresh.com

1. INTRODUCTION AND LEGAL STATUS

These Terms of Service (“Terms”, “Terms of Service”, “Agreement”) constitute a legally binding electronic contract governing access to and use of Kashfresh.com, including all subdomains, mobile applications, APIs, dashboards, and associated services (collectively, the “Platform”).

The Platform is owned, operated, and managed by:

Badana Communications and Business Pvt. Ltd.
(CIN: U47999JK2020PTC011443)
A company incorporated under the Companies Act, 2013, Government of India

(Hereinafter referred to as “Kashfresh”, “we”, “us”, or “our”).

By accessing, browsing, registering, transacting, or otherwise using the Platform, you agree to be bound by these Terms without limitation or qualification.

If you do not agree, you must immediately discontinue use of the Platform.

2. SCOPE AND APPLICABILITY

These Terms apply to all users worldwide, including but not limited to:

  • Visitors and browsers
  • Registered buyers and customers
  • Vendors and sellers
  • Service providers
  • API users and integrators
  • Corporate, institutional, and wholesale users

These Terms govern all interactions, whether involving:

  • Physical products
  • Digital products
  • Services
  • Subscriptions
  • API-based services
  • Domestic or cross-border transactions

3. HYBRID MARKETPLACE STRUCTURE

Kashfresh operates as a hybrid digital marketplace, meaning:

  1. Kashfresh sells certain products and services directly (“Kashfresh Products / Services”)
  2. Independent third-party vendors sell products and services through the Platform (“Third-Party Listings”)

Kashfresh is not the seller of record for third-party listings unless expressly stated.

Nothing in these Terms creates:

  • An agency
  • A partnership
  • A joint venture
  • An employer–employee relationship

between Kashfresh and any Vendor or User.

4. DEFINITIONS AND INTERPRETATION

For purposes of these Terms:

  • “User” means any person or entity accessing the Platform
  • “Buyer” means any User purchasing products or services
  • “Vendor” means any third-party seller or service provider
  • “Services” includes professional, digital, automated, subscription, and API services
  • “Digital Products” includes downloadable content, licenses, subscriptions, and access-based goods
  • “Content” includes text, images, data, software, listings, reviews, and communications

Headings are for convenience only and do not affect interpretation.

5. ELIGIBILITY AND USER REPRESENTATIONS

By using Kashfresh, you represent and warrant that:

  • You are legally competent to enter into contracts
  • You are at least 18 years of age or the age of majority in your jurisdiction
  • You will comply with all applicable laws and regulations
  • Information provided by you is accurate and complete

Kashfresh reserves the right to deny access to any User at its sole discretion.

6. ACCOUNT REGISTRATION AND SECURITY

6.1 Account Creation

Certain features require account registration. You agree to:

  • Provide accurate registration information
  • Maintain updated account details
  • Keep login credentials confidential

6.2 Account Responsibility

You are solely responsible for:

  • All activities conducted through your account
  • Maintaining account security
  • Unauthorized access resulting from your negligence

Kashfresh is not liable for losses caused by compromised credentials.

7. PLATFORM ACCESS AND AVAILABILITY

Kashfresh may:

  • Modify, suspend, or discontinue any part of the Platform
  • Restrict access for maintenance or security
  • Update features without prior notice

We do not guarantee uninterrupted or error-free operation.

8. PRODUCTS, SERVICES, AND LISTINGS

8.1 Product Information

While Kashfresh strives for accuracy:

  • Listings may contain errors or omissions
  • Images are for illustrative purposes only
  • Natural variations may occur for agro and food products

Kashfresh does not guarantee absolute accuracy of third-party listings.

8.2 Service Descriptions

Services are described based on information provided by Kashfresh or Vendors.
Results, outcomes, or benefits are not guaranteed unless expressly stated.

9. ORDERS AND TRANSACTIONS

9.1 Order Placement

Placing an order constitutes an offer to purchase, subject to acceptance.

Orders may be refused or cancelled due to:

  • Pricing errors
  • Stock unavailability
  • Regulatory restrictions
  • Suspected fraud

9.2 Contract Formation

A binding contract is formed only upon order confirmation by Kashfresh or the Vendor.

10. PRICING, PAYMENTS, AND TAXES

Prices may include or exclude taxes depending on jurisdiction.

You agree that:

  • You are responsible for applicable taxes, duties, and import charges
  • Currency conversion rates may apply
  • Payment processing is handled by third-party gateways

Kashfresh does not store full payment card details.

11. USER OBLIGATIONS AND ACCEPTABLE USE

All Users agree to use the Platform lawfully, responsibly, and in good faith. Access to Kashfresh is a conditional privilege and may be revoked if these obligations are breached.

11.1 General User Obligations

Users must:

  • Comply with all applicable local, national, and international laws
  • Use the Platform only for lawful purposes
  • Provide accurate and complete information
  • Respect the rights, privacy, and safety of others
  • Follow all platform policies and notices

Users must not misuse Platform features in a way that harms Kashfresh, Vendors, or other Users.

12. PROHIBITED CONDUCT

Users must not, directly or indirectly:

  • Engage in fraud, deception, or misrepresentation
  • Circumvent platform fees or payment systems
  • Manipulate prices, listings, or availability
  • Interfere with platform security or operations
  • Use bots, scrapers, or automated tools without authorization
  • Upload malware, spyware, or harmful code
  • Attempt unauthorized access to accounts or systems
  • Harass, threaten, defame, or abuse others

Any such activity may result in immediate suspension or termination.

13. MISUSE, ABUSE, AND FRAUD PREVENTION

Kashfresh actively monitors for abuse, including:

  • Fake accounts or transactions
  • False refund or chargeback claims
  • Review manipulation
  • Identity misuse
  • Payment fraud

Kashfresh may restrict accounts, block payments, or report activity to authorities where required.

14. USER CONTENT AND SUBMISSIONS

14.1 Responsibility for Content

Users are solely responsible for any content they submit, including:

  • Reviews
  • Ratings
  • Comments
  • Messages
  • Uploaded documents

Content must be lawful, accurate, and non-infringing.

14.2 Prohibited Content

Users must not submit content that:

  • Is false, misleading, or deceptive
  • Is defamatory, obscene, or abusive
  • Violates intellectual property rights
  • Contains personal data without authorization
  • Promotes illegal activity

Kashfresh may remove content without notice.

15. LICENSE TO USER CONTENT

By submitting content, Users grant Kashfresh a worldwide, non-exclusive, royalty-free license to use, display, reproduce, modify, and distribute such content for platform operation, marketing, and improvement purposes.

This license survives account termination.

16. COMMUNICATIONS AND NOTICES

Users consent to receive communications from Kashfresh via:

  • Email
  • Platform notifications
  • SMS or messaging services (where permitted)

Communications may include transactional, service-related, or legal notices.

17. THIRD-PARTY LINKS AND SERVICES

The Platform may contain links to third-party websites or services.

Kashfresh:

  • Does not control third-party content
  • Does not endorse third-party services
  • Is not responsible for third-party terms or privacy practices

Use of third-party services is at your own risk.

18. API ACCESS AND AUTOMATED USE

18.1 API Authorization

API access, where granted, is subject to:

  • Separate API terms
  • Usage limits and technical restrictions
  • Revocation at Kashfresh’s discretion

18.2 Automated Use Restrictions

Users must not:

  • Scrape data
  • Reverse engineer APIs
  • Overload systems
  • Bypass rate limits

Unauthorized automated use is prohibited.

19. INTELLECTUAL PROPERTY RIGHTS

19.1 Kashfresh IP

All Platform content, trademarks, logos, software, and designs are the exclusive property of Kashfresh or its licensors.

Users are granted a limited, revocable, non-transferable license to access the Platform for permitted purposes only.

19.2 IP Infringement Claims

Kashfresh responds to valid intellectual property infringement notices and may remove infringing content or accounts.

20. CONSEQUENCES OF VIOLATIONS

Kashfresh may take actions including:

  • Content removal
  • Account suspension or termination
  • Transaction cancellation
  • Payment holds
  • Legal action where appropriate

Enforcement decisions are discretionary and final for platform purposes.

21. ROLE OF KASHFRESH AS PLATFORM OPERATOR

Kashfresh operates primarily as a technology-enabled marketplace platform that facilitates interactions and transactions between Buyers and Vendors.

Except where expressly stated for Kashfresh in-house products or services:

  • Kashfresh is not the seller, manufacturer, exporter, or service provider of third-party listings
  • Kashfresh does not take title to third-party products
  • Kashfresh does not control Vendor inventory, production, or service execution

Accordingly, liability is allocated in accordance with applicable law and the nature of the transaction.

22. THIRD-PARTY VENDOR RESPONSIBILITY

For third-party listings, the Vendor is solely responsible for:

  • Product or service quality, safety, and legality
  • Accurate descriptions and disclosures
  • Compliance with food safety, consumer protection, and export laws
  • Order fulfillment and delivery
  • Warranties, guarantees, and representations
  • Returns, refunds, and replacements (subject to platform policy)

Kashfresh acts as a facilitator and enforcement intermediary.

23. KASHFRESH IN-HOUSE PRODUCTS AND SERVICES

Where a product or service is expressly identified as sold or provided by Kashfresh:

  • Kashfresh acts as the seller or service provider of record
  • Applicable consumer rights and warranties apply in accordance with law
  • Liability is governed by these Terms and applicable statutes

In-house listings are clearly marked to avoid confusion.

24. BUYER RESPONSIBILITIES AND REPRESENTATIONS

Buyers represent and warrant that:

  • They are legally capable of entering into binding contracts
  • They will provide accurate delivery and contact information
  • They will comply with import, customs, and local regulations
  • They will not misuse refund, dispute, or chargeback systems

Buyers are responsible for understanding product suitability before purchase.

25. CROSS-BORDER TRANSACTIONS AND IMPORT OBLIGATIONS

For international orders, Buyers acknowledge and agree that:

  • Products may be subject to customs inspection
  • Import duties, taxes, and clearance fees may apply
  • Local regulations may restrict certain items
  • Delivery timelines may vary due to border controls

Kashfresh is not responsible for customs delays, seizures, or rejections.

26. NO PROFESSIONAL OR MEDICAL ADVICE

Information provided on the Platform, including descriptions of food, herbal, wellness, or nutritional products:

  • Is for general informational purposes only
  • Does not constitute medical, nutritional, or professional advice

Users must consult qualified professionals before relying on such information.

27. WARRANTIES AND DISCLAIMERS

27.1 Platform Disclaimer

The Platform is provided on an “as is” and “as available” basis.

Kashfresh disclaims all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Availability or accuracy

27.2 Vendor Warranties

Any warranties offered by Vendors are their sole responsibility unless legally non-excludable.

28. RISK ASSUMPTION BY USERS

Users acknowledge that:

  • Online transactions carry inherent risks
  • Product outcomes may vary
  • Digital services may experience interruptions

Users assume these risks to the maximum extent permitted by law.

29. TRANSACTION DISPUTES

Disputes between Buyers and Vendors should be resolved through:

  1. Platform support mechanisms
  2. Vendor cooperation
  3. Kashfresh mediation (where applicable)

Kashfresh may intervene to protect consumer trust but is not obligated to resolve all disputes.

30. LIMITATION OF MARKETPLACE LIABILITY

To the maximum extent permitted by law:

  • Kashfresh is not liable for Vendor actions or omissions
  • Kashfresh is not responsible for product defects in third-party listings
  • Liability for third-party transactions rests primarily with Vendors

Statutory rights are not waived.

31. ORDER PLACEMENT, OFFER, AND ACCEPTANCE

31.1 Nature of an Order

When a Buyer places an order on Kashfresh.com, such action constitutes a binding offer to purchase the selected product(s) or service(s) under these Terms, subject to acceptance by:

  • Kashfresh (for Kashfresh in-house products or services), or
  • The relevant third-party Vendor (for third-party listings).

No contract is formed until an order is expressly accepted through a confirmation issued by the Platform.

31.2 Right to Reject or Cancel Orders

Kashfresh reserves the right, at any time and without liability, to reject, cancel, or limit any order where:

  • Pricing or listing errors are identified
  • Inventory is unavailable or misrepresented
  • Payment authorization fails or is reversed
  • Fraud, abuse, or suspicious activity is suspected
  • Regulatory, customs, or legal restrictions apply
  • The Buyer has a history of abuse, excessive refunds, or chargebacks

Such cancellation may occur before or after payment authorization, and refunds will be processed in accordance with the Refund & Return Policy.

31.3 No Obligation to Fulfil

Kashfresh is under no obligation to fulfil any order until acceptance is confirmed. Display of products or services does not constitute a binding offer.

32. ORDER CONFIRMATION AND CONTRACT FORMATION

32.1 Confirmation Mechanism

Order acceptance is communicated through:

  • Platform confirmation page
  • Email or dashboard notification
  • Invoice or dispatch confirmation

Only upon such confirmation does a legally binding contract arise between:

  • Buyer and Kashfresh (for in-house offerings), or
  • Buyer and Vendor (for third-party offerings).

32.2 Separate Contracts

Each order may create multiple independent contracts where products or services are sourced from different Vendors. Kashfresh is not a party to third-party Vendor contracts except as a facilitator.

33. PRICING ERRORS AND CORRECTIONS

Despite best efforts, pricing or description errors may occur.

33.1 Error Resolution

If an error is identified after order placement:

  • Kashfresh or the Vendor may cancel the order
  • Buyer will be notified promptly
  • Any payment received will be refunded

Kashfresh is not obligated to honour incorrect prices.

33.2 Currency and Conversion

Displayed prices may vary due to:

  • Currency conversion
  • Exchange rate fluctuations
  • Payment processor fees

Kashfresh is not responsible for differences between displayed and settled amounts caused by financial institutions.

34. PAYMENTS, AUTHORIZATION, AND SETTLEMENT

34.1 Payment Processing

All payments are processed through PCI-DSS–compliant third-party gateways. Kashfresh does not store complete payment instrument details.

34.2 Payment Authorization

By submitting payment information, Buyers authorize Kashfresh or its payment partners to:

  • Charge the applicable amount
  • Perform verification and fraud checks
  • Initiate refunds or adjustments where required

34.3 Failed or Reversed Payments

If payment authorization fails or is reversed:

  • The order may be cancelled
  • Delivery may be withheld
  • Access to digital products or services may be revoked

35. FULFILMENT, DISPATCH, AND DELIVERY

35.1 Fulfilment Responsibility

  • Vendors are responsible for fulfilling third-party orders
  • Kashfresh is responsible for fulfilling in-house orders

Fulfilment must comply with all quality, safety, and legal standards.

35.2 Delivery Timelines

Delivery timelines displayed are estimates only and may vary due to:

  • Location
  • Logistics partner delays
  • Customs clearance
  • Force majeure events

Delayed delivery does not automatically entitle Buyers to cancellation or refund unless required by law or policy.

36. RISK OF LOSS AND TITLE TRANSFER

36.1 Domestic Orders

Unless otherwise stated:

  • Risk of loss transfers upon delivery confirmation
  • Title transfers as per applicable law

36.2 International Orders

For cross-border shipments:

  • Risk may transfer at dispatch or customs handover
  • Title transfer may occur outside the Buyer’s jurisdiction

Buyers assume risk associated with international transit, subject to statutory consumer rights.

37. CUSTOMS, IMPORTS, AND EXPORT CONTROLS

37.1 Buyer Obligations

For international orders, Buyers are solely responsible for:

  • Import permits or licenses
  • Customs declarations
  • Duties, taxes, and fees
  • Compliance with local laws

37.2 Customs Delays or Seizures

Kashfresh is not liable for:

  • Customs delays
  • Product seizure or destruction
  • Rejection due to prohibited items

No refunds are guaranteed in such cases unless legally mandated.

38. DIGITAL PRODUCTS AND ACCESS-BASED SERVICES

38.1 Delivery of Digital Products

Digital products may be delivered via:

  • Download links
  • Account access
  • License keys
  • API credentials

Delivery is deemed complete upon access being granted.

38.2 No Return After Access

Unless required by law:

  • Digital products are non-returnable
  • Access revocation may occur upon misuse or violation

39. SERVICES AND SERVICE DELIVERY

39.1 Service Scope

Service descriptions define scope only. Outcomes, results, or benefits are not guaranteed.

39.2 Service Completion

A service is deemed completed when:

  • Delivered as described
  • Logged or confirmed via platform systems
  • Reasonable opportunity for performance has been provided

40. FORCE MAJEURE AFFECTING ORDERS

Neither Kashfresh nor Vendors shall be liable for delays or non-performance caused by:

  • Natural disasters
  • Pandemics
  • Government actions
  • War or civil unrest
  • Logistics network failures

Obligations may be suspended for the duration of such events.

41. REFUNDS, RETURNS, AND EXCHANGES – GENERAL FRAMEWORK

Kashfresh maintains a structured refund and return framework designed to balance consumer protection, vendor fairness, and regulatory compliance across multiple jurisdictions.

All refunds, returns, replacements, and exchanges are governed by:

  • These Terms of Service
  • The Refund & Return Policy (incorporated by reference)
  • Mandatory statutory consumer protection laws applicable to the transaction

In the event of conflict, mandatory consumer law prevails.

42. DISTINCTION BETWEEN KASHFRESH AND THIRD-PARTY TRANSACTIONS

42.1 Kashfresh In-House Products and Services

Where Kashfresh is the seller or service provider of record:

  • Kashfresh directly processes refunds, returns, or replacements
  • Statutory warranties and consumer rights apply
  • Liability is governed by applicable law and these Terms

42.2 Third-Party Vendor Products and Services

For third-party listings:

  • The Vendor bears primary responsibility for refunds, returns, and replacements
  • Kashfresh acts as a facilitator, enforcer, and mediator
  • Kashfresh may intervene to protect consumer trust

Kashfresh does not assume seller liability for third-party products unless legally mandated.

43. ELIGIBILITY FOR RETURNS AND REFUNDS

Eligibility depends on multiple factors, including:

  • Product category
  • Nature of defect or issue
  • Jurisdiction of Buyer
  • Whether the product is perishable, digital, customized, or time-sensitive

Certain categories (including but not limited to perishable food, digital products after access, personalized items, and services already rendered) may be non-returnable, except where required by law.

44. GROUNDS FOR REFUNDS OR RETURNS

Refunds or returns may be approved in cases including:

  • Damaged or defective products
  • Expired or unsafe consumables
  • Incorrect item delivered
  • Material misrepresentation
  • Non-delivery after reasonable time
  • Legally mandated cancellation rights

Approval is subject to evidence review and policy conditions.

45. NON-ELIGIBLE REFUND SCENARIOS

Refunds may be denied where:

  • Buyer changes mind without statutory right
  • Product deterioration due to improper handling
  • Delay caused by customs or force majeure
  • Digital content already accessed
  • Services already substantially performed
  • Buyer violates platform policies

Denial does not affect non-waivable statutory rights.

46. RETURN PROCEDURE AND EVIDENCE REQUIREMENTS

Buyers must follow the prescribed return process, which may include:

  • Initiating request within the allowed window
  • Providing photographs, videos, or documents
  • Returning products in original condition (where applicable)

Failure to comply may result in rejection of the request.

47. INSPECTION AND VERIFICATION

Returned items may be inspected by:

  • Vendors
  • Kashfresh
  • Authorized third-party inspectors

Inspection findings are used to determine refund eligibility and are binding for platform purposes, subject to statutory remedies.

48. REFUND METHODS AND TIMELINES

Approved refunds are issued via:

  • Original payment method, or
  • Platform wallet or alternative method (where permitted)

Refund timelines may vary depending on:

  • Payment processor
  • Banking systems
  • Jurisdiction
  • Regulatory verification

Delays beyond Kashfresh’s control do not constitute breach.

49. SHIPPING COSTS AND DEDUCTIONS

49.1 Vendor-Fault Returns

Where return is due to Vendor fault:

  • Return shipping may be reimbursed
  • Vendor bears associated costs

49.2 Buyer-Fault Returns

Where permitted by law and policy:

  • Shipping, handling, or restocking fees may be deducted

50. CHARGEBACKS AND PAYMENT DISPUTES

50.1 Chargeback Monitoring

Kashfresh actively monitors chargebacks to prevent abuse and maintain payment network compliance.

50.2 Buyer Obligations

Buyers agree to:

  • Use platform dispute resolution before initiating chargebacks
  • Provide accurate information to banks or card issuers

50.3 Consequences of Chargeback Abuse

Abusive or excessive chargebacks may result in:

  • Account suspension or termination
  • Loss of refund privileges
  • Reporting to payment processors

51. FRAUD PREVENTION AND ABUSE DETECTION

Kashfresh employs automated and manual systems to detect:

  • Refund abuse
  • False claims
  • Identity manipulation
  • Coordinated fraud

Accounts involved in abuse may be permanently restricted.

52. REGIONAL CONSUMER LAW COMPLIANCE

52.1 India

Compliance with the Consumer Protection Act, 2019, including grievance redressal and unfair trade practice provisions.

52.2 European Union & United Kingdom

Where applicable, compliance with:

  • EU Consumer Rights Directive
  • UK Consumer Contracts Regulations
  • Statutory withdrawal rights (subject to exceptions)

52.3 United States & Canada

Compliance with applicable federal and state/provincial consumer protection laws.

53. NO WAIVER OF STATUTORY RIGHTS

Nothing in these Terms limits or excludes consumer rights that cannot be waived under applicable law.

54. PLATFORM DISCRETION AND FINALITY

Kashfresh reserves discretion to:

  • Approve or deny refunds within policy bounds
  • Reverse abusive claims
  • Take corrective action to protect marketplace integrity

Such decisions are final for platform purposes, without prejudice to statutory legal remedies.

55. DATA PROTECTION AND PRIVACY – GENERAL PRINCIPLES

Kashfresh is committed to protecting personal data and respecting user privacy across all jurisdictions in which it operates. All processing of personal data is conducted in accordance with:

  • Applicable data-protection laws
  • Industry-standard security practices
  • Kashfresh’s Privacy Policy, which forms an integral part of these Terms

Where there is any inconsistency, mandatory legal provisions shall prevail.

56. TYPES OF DATA COLLECTED

Depending on how the Platform is used, Kashfresh may collect and process the following categories of data:

56.1 Personal Identification Data

  • Name, address, email address, phone number
  • Government-issued identifiers (where legally required)

56.2 Transactional Data

  • Order history
  • Payment confirmations (tokenized, not full card details)
  • Refund and dispute records

56.3 Technical and Usage Data

  • IP address
  • Device and browser information
  • Log files and access timestamps

56.4 Vendor and Business Data

  • Business registration details
  • Tax identifiers
  • Bank settlement information

57. LEGAL BASES FOR DATA PROCESSING

Kashfresh processes personal data only where legally permitted, including on the basis of:

  • Performance of a contract
  • Compliance with legal obligations
  • Legitimate business interests
  • User consent (where required)

Users acknowledge that certain data processing is mandatory for platform operation.

58. PURPOSES OF DATA PROCESSING

Data is processed for purposes including but not limited to:

  • Account creation and management
  • Order processing and fulfillment
  • Payments, settlements, and refunds
  • Fraud detection and prevention
  • Legal and regulatory compliance
  • Customer support and dispute resolution
  • Platform analytics and improvement

Data is not processed for incompatible purposes without lawful basis.

59. DATA SHARING AND DISCLOSURE

59.1 Internal Use

Data may be accessed by authorized Kashfresh personnel on a need-to-know basis.

59.2 Third-Party Disclosures

Data may be shared with:

  • Payment processors
  • Logistics and shipping partners
  • Compliance and verification providers
  • IT and cloud infrastructure providers
  • Government or regulatory authorities (where legally required)

All such disclosures are governed by contractual and legal safeguards.

60. VENDOR ACCESS TO CUSTOMER DATA

For third-party transactions:

  • Vendors receive limited customer data necessary for order fulfillment
  • Vendors act as independent data controllers for such data
  • Vendors must comply with applicable privacy laws

Kashfresh is not responsible for Vendor misuse of data beyond its control but will take enforcement action where violations are identified.

61. COOKIES AND TRACKING TECHNOLOGIES

61.1 Use of Cookies

Kashfresh uses cookies and similar technologies to:

  • Enable core platform functionality
  • Improve user experience
  • Analyze traffic and usage
  • Enhance security

61.2 Cookie Consent

Where required by law:

  • Users are presented with cookie consent mechanisms
  • Non-essential cookies are deployed only after consent

Users may manage cookie preferences through browser settings or platform tools.

62. DATA SECURITY MEASURES

Kashfresh implements administrative, technical, and physical safeguards, including:

  • Encryption of data in transit and at rest
  • Secure access controls and authentication
  • Regular security assessments
  • Monitoring for unauthorized access

However, no system is completely secure, and Users acknowledge inherent risks.

63. USER RESPONSIBILITY FOR DATA SECURITY

Users are responsible for:

  • Protecting login credentials
  • Using secure devices and networks
  • Reporting unauthorized access promptly

Kashfresh is not liable for breaches caused by User negligence.

64. DATA BREACH MANAGEMENT

In the event of a personal data breach:

  • Kashfresh will assess impact and scope
  • Required notifications will be made to authorities and affected users, as mandated by law
  • Remedial measures will be implemented promptly

65. DATA RETENTION AND STORAGE

Data is retained only for as long as necessary to:

  • Fulfill contractual obligations
  • Comply with legal requirements
  • Resolve disputes
  • Enforce agreements

Retention periods vary by data type and jurisdiction.

66. USER RIGHTS REGARDING PERSONAL DATA

Subject to applicable law, Users may have rights to:

  • Access their personal data
  • Correct inaccurate information
  • Request deletion or restriction
  • Object to certain processing
  • Data portability

Requests are handled in accordance with legal timelines and verification requirements.

67. CROSS-BORDER DATA TRANSFERS

As a global platform, Kashfresh may transfer data across borders.

Such transfers are conducted using:

  • Adequacy decisions
  • Standard contractual clauses
  • Other lawful transfer mechanisms

Users acknowledge that data may be processed in jurisdictions with different data-protection regimes.

68. API ACCESS AND DATA USE

68.1 API Data Processing

API users may process data retrieved through APIs only:

  • For authorized purposes
  • In accordance with API documentation
  • In compliance with data-protection laws

68.2 API Security Obligations

API users must:

  • Protect API credentials
  • Implement reasonable security measures
  • Notify Kashfresh of security incidents

Unauthorized data extraction or misuse is prohibited.

69. THIRD-PARTY INTEGRATIONS AND TOOLS

Kashfresh may integrate third-party tools (analytics, customer support, payments).
Such integrations are subject to their own privacy terms, and Kashfresh is not responsible for third-party data practices beyond contractual obligations.

70. NO SALE OF PERSONAL DATA

Kashfresh does not sell personal data in violation of applicable law. Any data sharing is conducted strictly for legitimate business or legal purposes.

71. PRIVACY POLICY INCORPORATION

The Privacy Policy is incorporated into these Terms by reference. Continued use of the Platform constitutes acceptance of both documents.

72. INTELLECTUAL PROPERTY OWNERSHIP – PLATFORM

All intellectual property rights in and to the Platform, including but not limited to:

  • Website and application software
  • Source code, object code, and architecture
  • User interfaces, layouts, and designs
  • Logos, trademarks, service marks, and brand elements
  • Databases, compilations, and analytics
  • Text, images, videos, and editorial content created by Kashfresh

are the exclusive property of Kashfresh or its licensors and are protected by applicable intellectual property laws worldwide.

Nothing in these Terms transfers ownership of any Kashfresh intellectual property to Users.

73. LIMITED LICENSE TO USERS

Subject to compliance with these Terms, Kashfresh grants Users a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:

  • Access and use the Platform
  • View content
  • Place orders or list products (where applicable)

This license is granted solely for lawful, personal, or internal business use, and may be revoked at any time for violations.

74. RESTRICTIONS ON USE OF PLATFORM IP

Users must not, without prior written consent from Kashfresh:

  • Copy, reproduce, modify, or distribute Platform content
  • Reverse engineer or decompile software
  • Use Kashfresh branding for external marketing
  • Create derivative works based on the Platform
  • Use Platform data for competitive intelligence or scraping

Unauthorized use constitutes infringement and may result in legal action.

75. USER-GENERATED CONTENT – OWNERSHIP AND RESPONSIBILITY

75.1 Ownership of User Content

Users retain ownership of content they submit, including:

  • Reviews and ratings
  • Product descriptions (for Vendors)
  • Images, videos, or documents
  • Communications through the Platform

However, ownership does not limit Kashfresh’s rights to use such content as described below.

75.2 License Granted to Kashfresh

By submitting content, Users grant Kashfresh a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to:

  • Host, store, display, and distribute the content
  • Modify or adapt content for formatting or platform optimization
  • Use content for marketing, analytics, and platform improvement

This license survives account termination.

76. CONTENT STANDARDS AND PROHIBITED MATERIAL

Users must ensure that all submitted content:

  • Is accurate and not misleading
  • Does not infringe third-party rights
  • Is not defamatory, obscene, or abusive
  • Does not contain personal data without authorization
  • Complies with applicable laws

Kashfresh reserves the right to remove or restrict content that violates these standards.

77. CONTENT MODERATION AND PLATFORM DISCRETION

Kashfresh may, but is not obligated to:

  • Review content prior to publication
  • Monitor or moderate user activity
  • Remove or edit content at its discretion

Kashfresh is not liable for user-generated content but acts to maintain platform integrity.

78. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Kashfresh respects intellectual property rights and expects Users to do the same.

Any User who believes their intellectual property rights have been infringed may submit a written notice including:

  • Identification of the protected work
  • Description of the allegedly infringing content
  • Proof of ownership or authority
  • Contact details
  • A declaration of good-faith belief

Incomplete notices may not be acted upon.

79. TAKEDOWN AND COUNTER-NOTICE PROCESS

79.1 Takedown Actions

Upon receiving a valid infringement notice, Kashfresh may:

  • Remove or disable access to the content
  • Notify the affected User or Vendor
  • Suspend repeat infringers

79.2 Counter-Notice

Users may submit a counter-notice where they believe content was removed in error, subject to legal requirements. Kashfresh may restore content unless prohibited by law.

80. REPEAT INFRINGER POLICY

Users who repeatedly infringe intellectual property rights may face:

  • Permanent content removal
  • Account suspension or termination
  • Legal action where appropriate

Kashfresh enforces this policy strictly to protect rights holders.

81. TRADEMARK USE AND BRAND PROTECTION

Users may not use Kashfresh trademarks, logos, or trade dress:

  • In domain names
  • In social media handles
  • In advertising or promotions
  • In a manner suggesting endorsement or affiliation

Unauthorized use constitutes trademark infringement.

82. OPEN-SOURCE AND THIRD-PARTY COMPONENTS

The Platform may include open-source or third-party software governed by separate licenses.

Such components remain subject to their respective license terms, which prevail where applicable.

83. FEEDBACK AND SUGGESTIONS

Any feedback, ideas, or suggestions provided by Users may be used by Kashfresh without restriction or compensation, and Users waive any related claims.

84. INTERNATIONAL IP COMPLIANCE

Kashfresh complies with intellectual property laws across jurisdictions, including:

  • Copyright laws
  • Trademark laws
  • Anti-counterfeiting regulations

Users acknowledge that IP enforcement standards may vary internationally.

85. PLATFORM ENFORCEMENT AUTHORITY

Kashfresh retains broad enforcement authority to protect customers, vendors, regulators, and platform integrity. Enforcement decisions are made in good faith and may be automated or manual.

Kashfresh may take enforcement action with or without prior notice where permitted by law, especially where immediate risk, fraud, or legal exposure is identified.

86. GROUNDS FOR ACCOUNT RESTRICTION OR SUSPENSION

Accounts (Buyer, Vendor, API user, or service account) may be restricted or suspended for reasons including, but not limited to:

  • Violation of these Terms or incorporated policies
  • Breach of Vendor Agreement or API terms
  • Fraud, deception, or attempted circumvention of safeguards
  • Repeated refunds, chargebacks, or abuse patterns
  • Sale or attempted sale of prohibited or unsafe items
  • Misuse of personal data or security credentials
  • Regulatory non-compliance or adverse legal findings
  • Reputational or operational risk to the Platform

Restrictions may be partial (feature-limited) or full.

87. IMMEDIATE TERMINATION FOR SEVERE VIOLATIONS

Kashfresh may immediately terminate access without notice where severe violations occur, including:

  • Food safety or public health risks
  • Counterfeit, illegal, or banned goods
  • Data breaches or deliberate privacy violations
  • Financial fraud or money laundering indicators
  • Repeated intellectual property infringement
  • Threats to platform security or continuity

Termination does not preclude legal action or reporting to authorities.

88. EFFECTS OF SUSPENSION OR TERMINATION

Upon suspension or termination:

  • Listings may be removed or hidden
  • Orders may be cancelled or reassigned
  • Access to dashboards, APIs, and services may be revoked
  • Payouts may be withheld pending reconciliation
  • Digital access or licenses may be disabled

Kashfresh may take steps necessary to protect users and comply with law.

89. FINANCIAL HOLDS AND SETTLEMENT AFTER TERMINATION

Kashfresh may retain funds to cover:

  • Pending refunds or returns
  • Chargebacks and disputes
  • Regulatory or tax liabilities
  • Penalties, fees, or damages

Final settlement (if any) is processed after liabilities are resolved. Negative balances remain payable by the User or Vendor.

90. POST-TERMINATION OBLIGATIONS

Termination does not relieve Users or Vendors of obligations accrued prior to termination, including:

  • Payment and settlement obligations
  • Refund and return cooperation
  • Confidentiality and data-protection duties
  • Intellectual property and license restrictions
  • Indemnification obligations

These provisions survive termination.

91. DATA HANDLING AFTER TERMINATION

After termination:

  • Kashfresh may retain data as required by law
  • Access to personal or business data may be limited
  • Data deletion or anonymization will occur per retention schedules

Users acknowledge that immediate deletion may not be feasible due to legal or operational requirements.

92. NO LIABILITY FOR TERMINATION

To the maximum extent permitted by law, Kashfresh shall not be liable for:

  • Loss of profits, revenue, or goodwill
  • Business interruption or reputational harm
  • Data loss beyond statutory obligations

This clause does not limit non-waivable statutory rights.

93. VOLUNTARY ACCOUNT CLOSURE

Users may request account closure by following the prescribed process. Closure is effective only after:

  • Outstanding orders are resolved
  • Financial obligations are settled
  • Required verification is completed

Certain data may be retained as legally required.

94. PLATFORM RISK MANAGEMENT AND COMPLIANCE

Kashfresh maintains internal risk, compliance, and audit frameworks to:

  • Monitor legal and regulatory developments
  • Detect fraud and abuse
  • Ensure food safety and consumer protection
  • Protect payment network integrity

Users acknowledge that compliance measures may evolve.

95. REPORTING AND COOPERATION WITH AUTHORITIES

Kashfresh may cooperate with law enforcement, regulators, or courts where legally required, including disclosure of relevant data.

Users agree that such cooperation does not constitute a breach of confidentiality or privacy obligations.

96. NO OBLIGATION TO CONTINUE SERVICE

Kashfresh does not guarantee continued availability of any feature, service, category, or market. Platform evolution may include discontinuation or restructuring.

97. INDEMNIFICATION OBLIGATIONS

97.1 User Indemnity

To the maximum extent permitted by law, each User (including Buyers, Vendors, API users, and service providers) agrees to indemnify, defend, and hold harmless Kashfresh, its parent company, directors, officers, employees, agents, affiliates, licensors, logistics partners, and service providers from and against all claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Breach of these Terms or any incorporated policy
  • Violation of applicable laws or regulations
  • Sale, purchase, or use of products or services through the Platform
  • Misrepresentation, fraud, or deceptive conduct
  • Intellectual property infringement
  • Data protection or privacy violations
  • Negligence, misconduct, or willful acts

Indemnity obligations apply regardless of jurisdiction and survive termination.

97.2 Vendor-Specific Indemnity

Vendors further agree to indemnify Kashfresh against claims arising from:

  • Product defects, contamination, or safety issues
  • Regulatory non-compliance (food safety, labeling, export controls)
  • Warranty claims and consumer disputes
  • Chargebacks and payment penalties attributable to Vendor conduct

98. INDEMNIFICATION PROCEDURE

Where an indemnifiable claim arises:

  • Kashfresh may notify the User or Vendor (where practicable)
  • Kashfresh retains the right to control defense and settlement
  • The indemnifying party shall cooperate fully

No settlement may be entered into without Kashfresh’s prior written consent if it affects Kashfresh’s rights or reputation.

99. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Platform, products, services, and content are provided on an “AS IS” and “AS AVAILABLE” basis.

Kashfresh expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

  • Merchantability
  • Fitness for a particular purpose
  • Accuracy, completeness, or reliability
  • Non-infringement
  • Continuous or error-free operation

This disclaimer does not affect non-waivable statutory rights.

100. LIMITATION OF LIABILITY

100.1 Platform Liability Cap

To the maximum extent permitted by law, Kashfresh’s total aggregate liability arising out of or relating to these Terms or the use of the Platform shall not exceed the total fees or commissions actually received by Kashfresh from the User in the six (6) months preceding the event giving rise to the claim.

100.2 Excluded Damages

In no event shall Kashfresh be liable for:

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, revenue, or goodwill
  • Business interruption
  • Loss of data not caused by Kashfresh’s gross negligence

This applies even if Kashfresh has been advised of the possibility of such damages.

100.3 Jurisdictional Limitations

Some jurisdictions do not allow certain liability exclusions. In such cases, liability shall be limited to the fullest extent permitted by applicable law.

101. USER ASSUMPTION OF RISK

Users acknowledge that:

  • Online marketplaces involve inherent risks
  • Product outcomes, especially natural or agro products, may vary
  • Cross-border transactions involve customs and regulatory uncertainty

Users assume these risks to the extent permitted by law.

102. INSURANCE EXPECTATIONS

While not mandatory for all Users, Vendors and service providers are strongly encouraged—and may be required for certain categories—to maintain adequate insurance, including:

  • Product liability insurance
  • Professional indemnity insurance
  • Cybersecurity or data-breach insurance

Failure to maintain insurance may result in restrictions or suspension.

103. FORCE MAJEURE

Neither Kashfresh nor Users shall be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions or embargoes
  • Pandemics or public health emergencies
  • Network, power, or infrastructure failures

Force majeure does not excuse payment obligations already incurred.

104. NO THIRD-PARTY BENEFICIARIES

Except as expressly stated, these Terms do not confer rights or remedies on any third party.

105. CUMULATIVE RIGHTS AND REMEDIES

All rights and remedies under these Terms are cumulative and not exclusive of any rights provided by law.

106. GOVERNING LAW

These Terms of Service, and any dispute, claim, or controversy arising out of or relating to them, the Platform, or any transaction conducted through Kashfresh, shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.

This governing law clause applies globally, subject always to mandatory consumer-protection or data-protection laws in the User’s jurisdiction that cannot be contractually excluded.

107. EXCLUSIVE JURISDICTION (SUBJECT TO ARBITRATION)

Subject to the arbitration provisions below, the courts located at Srinagar, Jammu & Kashmir, India, shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms, the Platform, or any transaction.

Users expressly consent to such jurisdiction and waive objections based on forum non conveniens, subject to mandatory statutory rights.

108. ARBITRATION AGREEMENT

108.1 Mandatory Arbitration

Except where prohibited by applicable law, any dispute, controversy, or claim arising out of or relating to:

  • These Terms
  • The Platform
  • Any product, service, digital product, or API usage
  • Any transaction between Users and Kashfresh

shall be finally resolved by binding arbitration, rather than in court.

108.2 Arbitration Law and Rules

Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended from time to time.

108.3 Seat, Venue, and Language

  • Seat of Arbitration: Srinagar, Jammu & Kashmir, India
  • Venue: Srinagar, Jammu & Kashmir, India (unless otherwise agreed)
  • Language: English

The arbitral award shall be final and binding on the parties.

108.4 Appointment of Arbitrator

  • The arbitration shall be conducted by a single arbitrator
  • The arbitrator shall be appointed by Kashfresh, acting reasonably and in good faith

Users waive any objection to such appointment method to the extent permitted by law.

109. INTERIM AND INJUNCTIVE RELIEF

Nothing in these Terms shall prevent Kashfresh from seeking interim, injunctive, or equitable relief from a court of competent jurisdiction where necessary to:

  • Protect intellectual property rights
  • Prevent misuse of the Platform
  • Safeguard customer data or platform security
  • Enforce confidentiality or non-circumvention obligations

Such relief may be sought before, during, or after arbitration.

110. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER

To the maximum extent permitted by law:

  • Users agree that disputes shall be brought only in an individual capacity
  • Users waive the right to participate in class actions, collective actions, or representative proceedings

If such waiver is found unenforceable in a jurisdiction, the dispute shall be stayed pending resolution in an individual proceeding.

111. SMALL CLAIMS EXCEPTION

Where applicable law permits, either party may bring an individual claim in a small-claims court, provided the claim remains within that court’s jurisdiction and is not part of a class action.

112. CROSS-BORDER ENFORCEMENT OF AWARDS

Users acknowledge that:

  • Arbitration awards may be enforced internationally under applicable conventions (including the New York Convention)
  • Enforcement procedures may vary by jurisdiction

Kashfresh shall not be responsible for enforcement costs incurred by Users.

113. LIMITATION PERIOD

To the maximum extent permitted by law, any claim arising out of or relating to the Platform or these Terms must be brought within one (1) year from the date the claim arose, unless a longer period is mandated by law.

114. ATTORNEYS’ FEES AND COSTS

Unless prohibited by law, the prevailing party in any dispute may be entitled to recover reasonable attorneys’ fees and costs, as determined by the arbitrator or court.

115. GOVERNMENT AND REGULATORY DISPUTES

Nothing in these Terms limits Kashfresh’s right to:

  • Cooperate with regulators or law-enforcement agencies
  • Comply with statutory notices or investigations
  • Provide information as required by law

Users agree that such cooperation does not constitute a breach of these Terms.

116. SEVERABILITY OF DISPUTE PROVISIONS

If any portion of this dispute-resolution section is found unenforceable, the remaining provisions shall continue in full force, and the unenforceable portion shall be modified to the minimum extent necessary to achieve enforceability.

117. AMENDMENTS, UPDATES, AND VERSION CONTROL

117.1 Right to Amend

Kashfresh reserves the right, at its sole discretion, to modify, amend, update, or replace these Terms at any time to reflect:

  • Changes in applicable laws or regulations
  • Platform feature updates or business model evolution
  • Security, risk, or compliance requirements
  • Judicial or regulatory guidance
  • Operational or technological changes

Such amendments may apply prospectively or, where legally permissible, retroactively.

117.2 Notice of Changes

Updated Terms will be made available through one or more of the following methods:

  • Publication on Kashfresh.com
  • Platform notifications or dashboard alerts
  • Email communication to registered Users

Continued use of the Platform after the effective date of revised Terms constitutes binding acceptance of the updated Terms.

117.3 Material Changes

Where required by applicable law, Kashfresh will provide advance notice of material changes and obtain consent where legally mandated.

117.4 Archived Versions

Kashfresh may maintain archived versions of prior Terms for reference or compliance purposes. The version in effect at the time of a transaction governs that transaction, subject to mandatory law.

118. ASSIGNMENT, TRANSFER, AND SUCCESSION

118.1 Assignment by Kashfresh

Kashfresh may assign, transfer, novate, or otherwise dispose of its rights and obligations under these Terms, in whole or in part, to:

  • Affiliates or subsidiaries
  • Successors in interest
  • Acquirers in a merger, acquisition, restructuring, or sale of assets

Such assignment does not require User consent and does not diminish User rights under mandatory law.

118.2 Restrictions on User Assignment

Users may not assign, transfer, sublicense, or delegate their rights or obligations under these Terms without Kashfresh’s prior written consent.

Any unauthorized assignment is void.

118.3 Successors and Assigns

These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

119. NOTICES AND OFFICIAL COMMUNICATIONS

119.1 Electronic Communications

Users consent to receive all notices, disclosures, and communications electronically, including via:

  • Email
  • Platform messages or dashboard notifications
  • Website postings

Electronic communications satisfy legal requirements for written notice.

119.2 Accuracy of Contact Information

Users are responsible for maintaining accurate and current contact information. Kashfresh is not liable for missed notices due to outdated details.

119.3 Legal Notices to Kashfresh

Formal legal notices must be sent in writing to Kashfresh’s registered or correspondence address as specified on the Platform, unless otherwise directed.

120. SEVERABILITY AND PARTIAL INVALIDITY

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction:

  • Such provision shall be severed or modified to the minimum extent necessary
  • The remaining provisions shall continue in full force and effect

The parties intend that these Terms be enforced to the fullest extent permitted by law.

121. INTERPRETATION AND CONSTRUCTION

121.1 Headings

Headings are for convenience only and do not affect interpretation.

121.2 Singular and Plural

Words in the singular include the plural and vice versa, unless context requires otherwise.

121.3 Inclusive Language

The words “including,” “include,” and “includes” are deemed to be followed by “without limitation.”

121.4 No Presumption Against Drafter

These Terms shall not be construed against Kashfresh merely because it drafted them.

122. LANGUAGE AND TRANSLATIONS

These Terms are drafted in English.
If translated into other languages:

  • The English version prevails in case of inconsistency
  • Translations are provided for convenience only, unless otherwise required by law

123. WAIVER AND REMEDIES

123.1 No Waiver by Delay

Failure by Kashfresh to enforce any provision does not constitute a waiver of future enforcement.

123.2 Cumulative Remedies

All rights and remedies under these Terms are cumulative and in addition to those provided by law.

124. COMPLIANCE EVOLUTION AND REGULATORY CHANGE

Users acknowledge that:

  • Laws and regulations governing e-commerce, data protection, food safety, digital services, and cross-border trade are evolving
  • Kashfresh may implement compliance-driven changes without advance notice where legally required

Users agree to cooperate with reasonable compliance requests.

125. INDEPENDENT CONTRACTORS

Nothing in these Terms creates:

  • An employer–employee relationship
  • A partnership, joint venture, or agency
  • A franchise relationship

All Users and Vendors act as independent contractors.

126. ENTIRE AGREEMENT AND INTEGRATION

These Terms, together with all incorporated policies (including Privacy Policy, Refund & Return Policy, Vendor Agreement, API Policies, and Code of Conduct), constitute the entire agreement between Users and Kashfresh and supersede all prior agreements or communications.

127. CONSUMER GRIEVANCE REDRESSAL MECHANISM (Continued)

127.1 Scope of Grievances

Users may raise grievances relating to, but not limited to:

  • Orders, deliveries, refunds, cancellations, or replacements
  • Vendor conduct, listing accuracy, or compliance failures
  • Payment issues, chargebacks, or settlement disputes
  • Data privacy, security, or unauthorized access
  • Platform functionality or service interruptions
  • Alleged violations of applicable consumer protection laws

127.2 Grievance Filing Process

Grievances must be submitted through official channels only and must include:

  • Registered name and contact details
  • Order ID or transaction reference (where applicable)
  • Clear description of the grievance
  • Supporting documents or evidence

Incomplete grievances may be rejected or delayed.

127.3 Grievance Officer (India Compliance)

In accordance with Indian law, the designated Grievance Officer details are:

Name: Akhtar Badana
Email: complaints@kashfresh.com
Address:
1st Floor, Bhat Complex, Near Astan, Airport Road,
Humhama, Srinagar, Jammu & Kashmir, India – 190021

Grievances will be acknowledged within 48 hours and addressed within 15–30 working days, subject to complexity and regulatory requirements.

127.4 International Users

International Users acknowledge that grievance timelines and remedies may vary based on jurisdiction, mandatory local laws, and cross-border enforcement constraints.

128. PLATFORM OWNERSHIP AND OPERATOR DETAILS

The Platform Kashfresh.com is owned, operated, and managed by:

Badana Communications and Business Pvt. Ltd.
(CIN: U47999JK2020PTC011443)
A company incorporated under the Companies Act, 2013, Government of India.

All intellectual property, operational control, and policy enforcement authority rests with the above entity.

129. OFFICIAL COMMUNICATION CHANNELS

All official communications from Kashfresh shall be made via:

  • Email from official @kashfresh.com domains
  • Platform notifications or dashboards
  • Published policy pages on Kashfresh.com

Users acknowledge that communications sent to the registered email address shall be deemed valid service.

130. ELECTRONIC RECORDS AND LEGAL RECOGNITION

These Terms constitute an electronic record under:

  • Information Technology Act, 2000 (India)
  • Applicable electronic transaction laws internationally

They do not require physical signatures and are legally enforceable.

131. ACKNOWLEDGMENT OF HYBRID MARKETPLACE MODEL

Users expressly acknowledge and agree that:

  • Kashfresh operates as a hybrid marketplace
  • Kashfresh sells certain products/services directly
  • Third-party Vendors independently sell other products/services
  • Liability allocation depends on the nature of the listing

Users waive claims based on misunderstanding of this structure, subject to non-waivable statutory rights.

132. NO PROFESSIONAL, MEDICAL, OR LEGAL ADVICE

Any information provided on the Platform is for general informational purposes only and does not constitute:

  • Medical advice
  • Nutritional advice
  • Legal advice
  • Professional consultancy

Users must consult qualified professionals before relying on such information.

133. EXPORT CONTROL AND SANCTIONS COMPLIANCE

Users represent and warrant that they are not:

  • Located in sanctioned jurisdictions
  • Listed on restricted or prohibited entity lists
  • Engaging in transactions prohibited by export-control laws

Kashfresh reserves the right to block or terminate access where required by law.

134. PUBLIC HEALTH, FOOD SAFETY, AND PRODUCT DISCLAIMERS

For food, agro, herbal, and natural products:

  • Natural variation is inherent
  • Shelf life and quality depend on storage and handling
  • Kashfresh does not guarantee outcomes or suitability

Statutory food safety rights remain unaffected.

135. PLATFORM EVOLUTION AND BUSINESS CONTINUITY

Users acknowledge that Kashfresh may:

  • Expand or restrict categories
  • Introduce new services, APIs, or digital products
  • Modify operational processes
  • Enter new jurisdictions

Such evolution does not constitute breach of these Terms.

136. FINAL BINDING ACCEPTANCE

By accessing, browsing, registering, transacting, or otherwise using Kashfresh.com, the User:

✔ Confirms having read and understood these Terms
✔ Accepts them without limitation or modification
✔ Agrees to be legally bound
✔ Acknowledges global applicability
✔ Consents to electronic execution

If the User does not agree, they must immediately discontinue use of the Platform.

137. EFFECTIVE DATE

These Terms of Service are effective from the date of publication on Kashfresh.com and supersede all prior versions.

138. FINAL DECLARATION

Kashfresh.com is built on the principles of trust, transparency, legal compliance, and global accessibility. These Terms exist to protect:

  • Consumers
  • Vendors
  • The Platform
  • Regulatory obligations

They are designed to support long-term, lawful, cross-border commerce.