Terms & Conditions

Fam Essential is operated by Sterling Hills Farms. This document, i.e., the Terms of Use (“Terms”) contains the terms and conditions between Sterling Hills Farms (“we”, “our”, “us”) that manages the brands known as ‘Fam Essentials’,and you, the user of the Platform (“User”, “you”, “your”). and having its registered office at Sterling Hills Farms Trading, No-175/10, sector 17, Pratap Nagar, Jaipur-302033

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To make this reader-friendly, we have divided these Terms of Use into four sections. These are:

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1. Acceptance of the Terms 

2. Terms of Use of the Platform 

3. General Terms & Conditions of Sale

4. Legal Terms & Conditions

 

1. Acceptance of the Terms

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We offers services and sale and delivery of its products through this Platform (“Services”), conditional to your acceptance of these Terms.

Your acceptance of these Terms is essential for us to provide our Services safely and seamlessly, in accordance with the applicable law(s).

Please read these Terms very carefully. If you do not agree to these Terms, Sterling Hills Farms will not be able to provide any of its Services to you. By accessing or viewing the Platform and/or using the Services, you represent that you have read the Terms and agree to be bound by the same.

These Terms, together with any other terms that you may agree to by reference, constitute a legally binding agreement (“Agreement”) between You and Us. We may amend/modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Platform. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails. Your continued use of our Services will constitute your agreement to any changes we make.

If you do not agree to the Terms & Conditions as may be modified from time to time, you have the option to not avail or discontinue from availing our Services.

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2. Terms of Use of the Platform

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Legal age and Eligibility: In order to avail of our Services on your own, you must be of legal age and eligible to enter into a binding contract with us, as per the laws applicable to you. In the event that you are a minor availing our Services, it will be assumed that you have the due authorisation from your legal guardian to accept these Terms.

Corporate User: If you are availing our Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Sterling Hills Farms for any violations of the Agreement.

Advertisement and Promotions: By accessing our Platform, you agree that we can display events or promotional offers relating to our products and Services.

Restrictions: When using our Platform, you undertake not to:

• Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract, or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;

• Violate the rights of Fam essential or others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity, or other proprietary rights;

▪           Harm minors in any way;

▪           Impersonate or attempt to impersonate any person or entity;

▪           Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer, digital network or a computer network;

.Attempt to decipher, decompile, disassemble or reverse engineer any of the Platform software;

• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Platform, including our servers, networks, or accounts;

• Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, e-mail addresses, or other data from the Platform, or to circumvent or modify any security technology or software that forms part of the Platform;

• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner whatsoever including through the Platform;

• Solicit, collect or request any personal information for commercial or unlawful purposes;

• Post, upload, or otherwise transmit an image or video of another person;

• Download, save or share any images, descriptions, etc. being part of the Platform Content (as defined below) or copy, manufacture, or sell any of our designs, for any reason whatsoever, or use our Services for commercial purposes;

• Use the Platform in a manner inconsistent with any and all applicable laws;

•  Attempt, facilitate, or encourage others to do any of the foregoing.

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We reserves its right to restrict, suspend or terminate your access or use of the Platform for violation of any of the aforesaid restrictions or for any other unlawful or inappropriate conduct.

Pricing:  It is possible that prices may be inaccurately displayed on the Platform due to system or typographical errors, despite our attempts to avoid these errors. We are not bound by any inadvertent errors or inaccurate advertised prices. We reserve the right to correct any and all errors in the prices, and/or modify the prices without notice at any time. In the event an order is placed at a price that is lower than the actual price of the product, We shall have the discretion to cancel the order and request the customer to re-order the product or pay the amount of price difference to us. We do not negotiate prices on our products and all our prices are final.

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Intellectual Property Rights and Grant of Rights

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For purposes of this Agreement “Platform Content” shall mean all information and/or content that you see, hear, or otherwise experience on the Platform including but not limited to product designs, text, graphics, images, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform.

All the products and the Platform Content are the property of Fam Essential and are protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Platform Content and the products, including their designs. You agree that by virtue of your use of our Platform or Services, you do not acquire any intellectual property rights vested with Us.

We hereby grant you a limited license to access and make personal use of our Platform, subject to conditions, inter alia, in this section 2.

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the products or our rights in the products or the Platform Content, except as expressly permitted in the Agreement, without our express prior written consent.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any rights you may have in your information for the purposes, as more particularly stated in our Privacy Policy.

Third-Party Services and Content

 

The Platform may be integrated with or may otherwise interact with third- party servers, applications, websites, etc. (“Third-Party Services”) to make our Services available to you. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party application nor do we warrant the compatibility or continuing compatibility of the third-party applications with the Platform.

The Platform may contain hyperlinks to external websites owned and operated by third parties. We have no responsibility in relation to the accuracy, completeness, and quality of the information contained within such third-party sites, and you access these sites at your own risk. Any and all contents on such third-party sites do not reflect the services or information provided by us. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services. References to any external links should not be construed as an endorsement of the links or their content by us.

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Privacy Policy

 

When you use the Platform, we will collect certain information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at Privacy Policy

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3. General Terms & Conditions of Sale

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Subscriptions

 

To obtain our services, users will be required to subscribe to any of our available subscription packages.

Upon subscribing successfully, we will create an account for the User based on the login credentials provided.

For all further information and tasks related to the subscription plan, Users can login on the Fam essential Website through their login details.

To obtain our services and/or purchase our products from the our platform, users can add requisite products to their shopping cart and ‘checkout’ to the payment stage. Users have the option of creating an account on the Platform at the “checkout” stage by providing a username and password.

Subscriptions plans are as follows :

1.        Engage

2.        Empower

3.        Elevate

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General Info

 

In case of any queries or grievances in relation to the Platform or our Services, you may contact Us at 

info@famessential.com or +91 98400 42277 

or by writing to us at the following address:

Sterling Hills Farms Trading, No-175/10, sector 17, Pratap Nagar, Jaipur-302033.

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4. Legal Terms & Conditions

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We are an entity engaged in providing nutritional food and services on the Platform. However, We do not take any responsibility for any adverse health effects on the User arising from consumption of any meals/products or usage of our Services.

 

Disclaimers

 

General

We expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, applicability to you, effectiveness, timeliness, and performance of our Services, or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by Us will create any liability or warranty that is not expressly stated herein. Nothing available on the Platform shall constitute our opinion and should not be relied upon in making (or refrain from making) any decision.

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Nutritionist Services

We expressly rely on the personal and health details provided/disclosed to us by the User for providing our Services. We do not take any responsibility for any adverse health or physical effects that may be caused due to consumption of our food products and/or due to the User’s lack of disclosure or negligence in disclosing any important personal or health details.

We do not provide or claim to provide any medical advice. Our representations regarding weight loss are based on an average understanding and the actual results may vary from person to person. We do not diagnose, treat or cure any disease. The benefits and/or effects of consuming our product(s)/meals(s) may vary from person to person-depending on several factors including their genetic make- up, life style and physical activity levels.

You are availing our Services voluntarily after being made aware that there might be health risks that may be caused by your own acts or omissions, unknown or unforeseeable at the time of availing our Services. You assume the risk of availing our Services and release us from all liability arising therefrom.

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Platform

We do not accept or assume any liability in case of interruption of its Services through this Platform, as a result of any maintenance issues or upgrades, emergency repairs, or failure of telecommunications links and equipment or events that are beyond our control. The User shall be responsible for obtaining and maintaining telephone, computer hardware, and other equipment needed for access to and use of the Platform and all charges related thereto. We shall not be liable for any damages to the User’s equipment resulting from the use of the Platform.

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Third Party Delivery

We have engaged a third-party delivery partner for delivering our meals/ products to you. We specifically disclaim any liabilities and warranties with respect to the delivery of our meals/product(s) to you, arising due to the services rendered by such third-party service providers.

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Force Majeure

We and/or our partners shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, lockdown, epidemic, pandemic, law and order situation, industrial action, embargo, or any other supplier of goods or services to us or to you.

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Indemnity

You agree to indemnify, defend and hold harmless Us, its partners, licensors, or affiliates from and against any claims, losses, expenses, or costs arising out of misrepresentations regarding your health conditions, your breach of this Agreement including or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

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Limitations of Liability

To the maximum extent permissible by applicable laws, in no event will We and/or its partners be liable to you for any, indirect, incidental, special, punitive, or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Platform, whether the damages are foreseeable, and/or whether or not we have been advised of the possibility of such damages in advance. Our liability, if any, will always be limited to a maximum of the total price of our Service/product purchased by you.

Except as otherwise required by applicable law, any claim or cause of action you may have against us must be brought to our attention within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

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Governing Law and Jurisdiction

The Agreement shall be strictly governed by and constructed in accordance with the laws of India, the courts of India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Platform.

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Miscellaneous

No injunctive relief: To the maximum extent permissible under applicable law, you shall not have the right to seek an injunction or injunctive relief against us for any reason whatsoever. This section shall survive the termination of the Agreement.

Severability: In the event that any term, condition, or provision of the Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from the Agreement and shall be of no force and effect and the Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in the Agreement.

Notices: Notices by you to us hereunder shall be invalid unless made in writing and duly signed, and sent to our e-mail address or to the mailing address provided below.

Assignment and Delegation: You cannot transfer your Account or assign any of your rights or delegate any of your obligations under the Agreement. We may freely transfer, assign or delegate the Agreement or our rights and duties under the Agreement.

No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.

Headings: The section headings are for convenience only and shall not limit, govern, or otherwise affect the interpretation or construction of the Agreement in any way.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the within-subject matter and supersedes any previous understanding, document, e-mail between the parties. This Agreement shall only be modified in writing, executed by both parties

Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions if any.