TERMS OF USE

Havmor - Terms of Use – September 2020

This document 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. This document 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 of Use for access or usage of www.havmoronline.com website

Terms of Use
  1. These terms of use (the "Terms of Use") govern your use of our website www.havmoronline.com (the "Website"). The Website is referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform. By even merely using the Platform, you shall be contracting with Havmor and you signify your acceptance to this Terms of Use and other Havmor policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you use the Platform, and create a legally binding arrangement to abide by the same.
  2. The Platform is owned and operated by Havmor Ice Cream Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at 2nd floor, Commerce House 4, besides shell petrol pump, Prahladnagar – Anandnagar road, Ahmedabad, Gujarat – 380051. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall perform transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Havmor", "we", "us" or "our" shall mean Havmor Ice Cream Private Limited.
  3. Havmor enables transactions on its Platform between participating Franchisees and buyers, dealing in (a) prepared ice creams, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various franchisees ("Franchisee/s"), on the Platform.
  4. Havmor enables delivery of such Orders at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers). The Platform Services are referred to as "Services". For This Platform Service, Havmor is merely acting as an intermediary between the Franchisees and Buyers and/or PDPs and Buyers.
  5. PDPs are individual entrepreneurs engaged with Havmor on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. Havmor does not exercise control on the PDPs and the relationship between the PDPs and Havmor is not that of an agent and principal or employee and employer.

  6. For the delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Franchisees), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

6. Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Havmor policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Havmor policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Havmor policies. As long as you comply with these Terms of Use, Havmor grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Havmor policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.


7. Havmor - Use of the Website

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
1 You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

  1. belongs to another person and which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. is misleading or misrepresentative in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
  9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  13. contains video, photographs, or images of another person (with a minor or an adult);
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Havmor's prior written consent means a communication coming from Havmor's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
  16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  17. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
  18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  19. harm minors in any way;
  20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  21. violates any law for the time being in force;
  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. impersonate another person;
  24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
  26. is false, inaccurate or misleading;
  27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

8. Order Booking and Financial Terms
  1. The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Franchisees, Havmor will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
  2. As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
  3. However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
  4. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Franchisee. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Havmor reserves the right to not to process Buyer's Order in the event Buyer is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
  5. All payments made against the Orders on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Havmor is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Havmor is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  6. Buyer agrees to pay for the total amount for the Order placed on the Platform. Havmor will collect the total amount in accordance with these Terms of Use. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
  7. In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
  8. The final tax bill will be issued by the Franchisee to the Buyer along with the Order. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by Havmor and its Franchisees.
  9. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Franchisee. Very rarely, prices may change at the time of placing Order due to Franchisee changing the menu price without due intimation and such change of price are at the sole discretion of the Franchisee attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Franchisee be incorrectly reflected and in such an event Franchisee may cancel Buyer’s Order(s).


9. Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.


10. Terms of service
  1. The Buyer agrees and acknowledges that Havmor shall not be responsible for:
    1. The food provided by the Franchisees including but not limited to serving of food Orders suiting your requirements and taste;
    2. The Franchisees services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/her;
    3. The availability or unavailability of certain items on the menu;
    4. The Franchisee serving the incorrect Orders; or
    5. Product liability of goods provided by Franchisees.
  2. Buyers may not be able to avail Services if their delivery location is outside Havmor’s current scope of Service. Havmor or its Franchisee will keep the Buyer informed of the same at the time of confirming his/her Order booking.
  3. Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs.
  4. Buyer understands that there are certain Franchisees who undertake delivery of their goods and services to the Buyer.
  5. Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of goods in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of Havmor.
  6. The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
  7. The Buyer understands that Havmor’s (including Franchisee’s and PDP’s) liability ends once Order has been delivered to him/her.

11. General:
  1. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Havmor policies, you shall immediately discontinue its use.
  2. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
  3. As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
  4. You shall at all times be responsible for the use of the Services through your mobile device and for bringing these Terms of Use and Havmor policies to the attention of all such persons accessing the Platform on your mobile device.
  5. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
  6. You agree and grant permission to Havmor to receive promotional SMS and e-mails from Havmor or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to ithelpdesk@havmor.com.
  7. By using the Platform you represent and warrant that:
    1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
    2. You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind
    3. You will not use the Platform in any way that is unlawful, or harms us
    4. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

12. Access to the Platform, Accuracy and security
  1. We endeavour to make the Services available during Franchisee or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
  2. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
  3. We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
  4. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

13. Disclaimers
  1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
  2. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
  3. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / FRANCHISEES/ PDP’S SERVICES.
  4. HAVMOR DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE FRANCHISEES OR PDP.
  5. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
  6. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR FRANCHISEE ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Intellectual property
  1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
  2. You recognize that Havmor Ice Cream Pvt Ltd is the registered owner of the word mark ‘Havmor’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Havmor’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world.
  3. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
  4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  5. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
  6. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15. Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

16. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

17. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

18. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Ahmedabad, India.

19. Contact Us

Please contact us at ithelpdesk@havmor.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer/Nodal Officer
In accordance with
(1) Information Technology Act, 2000 and rules made there under, and
(2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Mr. Shishir Shah
Havmor Ice Creams Pvt Ltd

   Reg Office: 2nd Floor, Commerce House 4, Prahlad Nagar, Ahmedabad - 380015, India

  +91 - 079 4020 9000

  ithelpdesk@havmor.com

  Monday - Friday (9:00 - 18:00)