Terms and Conditions

Last Updated: 20/05/2024

Welcome to NeerFresh.com and the NeerFresh Mobile App (collectively referred to as "NeerFresh"). This Terms of Service Agreement (the “Agreement”) governs your use of NeerFresh which is a brand owned by Bhagwati Pitambara Trust, incorporated under the laws of India. By accessing or using our website and mobile app, you agree to comply with and be bound by the following terms and conditions ("Terms"). Please read these Terms carefully before using our services. If you do not agree to these Terms, you should not use our services.

1. Services Provided

This Website offers for sale certain products and services (collectively called the “Products”). By placing an order for products or services through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation:

Unless you notify our third-party call centre reps or direct Bhagwati Pitambara Trust sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Bhagwati Pitambara Trust and its designated in-house or third-party call team(s).

Opt-Out Procedure:

We provide 2 easy ways to opt-out of future solicitations:

You may use the opt-out link found in any email solicitation that you may receive.
You may also choose to opt-out by sending your email address to care@neerfresh.com.

Property Rights:

Bhagwati Pitambara Trust has proprietary rights and trade secrets in the products and services. You may not copy, reproduce, resell, or redistribute any Product or service manufactured and/or distributed by Bhagwati Pitambara Trust. Bhagwati Pitambara Trust also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.

Sales Tax:

If you purchase any Products or book an appointment, you will be responsible for paying any applicable sales tax or other applicable tax.

2. User Obligations

2.1 Accurate Information

You agree to provide accurate, current, and complete information when requested and maintain the accuracy of such information.

2.2 Compliance with Laws

You agree to comply with all applicable laws and regulations regarding your use of NeerFresh services.

2.3 Prohibited Activities

You agree not to engage in any activity that could harm NeerFresh, its services, or other users. Prohibited activities include, but are not limited to, hacking, transmitting malware, or engaging in any form of unauthorized advertising.

3. Intellectual Property

All content on NeerFresh, including text, graphics, logos, and images, is the property of Bhagwati Pitambara Trust or its content suppliers and is protected by Indian and international copyright laws.

3.1 Use of Content

You are granted a limited, non-exclusive, non-transferable license to access and use the content for personal and non-commercial purposes. Any other use, including reproduction, modification, or distribution of the content, is prohibited without prior written consent from NeerFresh.

4. DISCLAIMER OF WARRANTIES

NeerFresh provides the services "as is" and "as available" without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NeerFresh does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services are free of viruses or other harmful components. Your use of the services is at your sole risk.

5. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, NeerFresh and Bhagwati Pitambara Trust, along with their respective officers, directors, employees, trustees, agents, and affiliates, will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of or inability to use the services, including but not limited to damages for loss of profits, data, or other intangible losses, even if NeerFresh has been advised of the possibility of such damages. In no event shall NeerFresh’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid NeerFresh for that order.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NeerFresh, Bhagwati Pitambara Trust, and their respective officers, directors, employees, trustees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the services, your violation of these Terms, or your violation of any rights of another.

7. Termination

NeerFresh reserves the right to terminate or suspend your access to our services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of our services.

8. Changes to Terms

NeerFresh reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website and mobile app. Your continued use of our services following any changes constitutes your acceptance of the new Terms.

9. Governing Law

These Terms are governed by the laws of India. Any disputes arising from or related to the use of our services will be subject to the exclusive jurisdiction of the courts in Lucknow, India.

10. Refund & Return Policy

Given the nature of our services & products, We can’t offer you a full refund or exchange.

Upon receipt of your order, we will proceed with the preparation of your items. As a result, we cannot cancel the order once it is in manufacturing. However, in certain cases, we may offer a refund after deducting a cancellation fee.

Our services, once availed, cannot be refunded.

There are certain situations where only partial refunds are granted based on inspection.

10.1 Management Rights

You also agree and confirm that the management has the absolute right to review the eligibility of any refund request based on its own assessment of all facts, circumstances, and customer-provided records. The management reserves the right to approve or reject any claims of refund and also reserves its sole right to grant/approve a partial or full refund or none at all as applicable in accordance with the facts and circumstances on a case-by-case basis.

Disputes, if any, are subject to the exclusive jurisdiction of Lucknow courts, where the company has its registered office.

10.2 Deductions

You understand, agree, and confirm that in case of any payment made by availing third-party loans/EMIs, the refund shall be made subject to any deduction as applicable and agreed between the customer and such third parties as per their terms and conditions.

Further, any refund will be subjected to any or all applicable deductions on account of payment gateway charges, delivery, and/or any other service charges as may apply.

10.3 Mode of Refund & Timeline

The refund amount shall be credited to the predesignated bank account within a period of 15 to 30 business days from the date of the approval of the refund granted. Alternatively, you may be eligible for availing a credit note/voucher of the amount to be used in any other service offered by NeerFresh.

11. Contact Information

If you have any questions about these Terms, please contact us at:

Email: care@neerfresh.com
Phone: +917408811119
Address: Bhagwati Pitambara Trust, Sector 119, Noida, India

12. Changes to Terms

13. Governing Law

These Terms are governed by the laws of India. Any disputes arising from or related to the use of our services will be subject to the exclusive jurisdiction of the courts in India.

14. Website

Content: Intellectual Property; Third-Party Links: In addition to making Products and services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Bhagwati Pitambara Trust does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Bhagwati Pitambara Trust does create the content on this Website, such content is protected by the intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Bhagwati Pitambara Trust does not endorse the contents on any such third-party websites. Bhagwati Pitambara Trust is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

14.1 Use of Website:

Bhagwati Pitambara Trust is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will:

Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property).
Not interfere with or disrupt the use and enjoyment of the Website by other users.
Not resell material on the Website.
Not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
Not defame, harass, abuse, or disrupt other users of the Website.

14.2 License:

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Bhagwati Pitambara Trust or the applicable third party (if third-party content is at issue).

14.3 Posting:

By posting, storing, or transmitting any content on the Website, you hereby grant Bhagwati Pitambara Trust a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Bhagwati Pitambara Trust does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Bhagwati Pitambara Trust is not liable for any damage or harm resulting from any posts by or interactions between users. Bhagwati Pitambara Trust reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Bhagwati Pitambara Trust deems objectionable, at its sole discretion.

15. GENERAL

Force Majeure: Bhagwati Pitambara Trust will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, lockdown, or boycott.

Cessation of Operation: Bhagwati Pitambara Trust may at any time, in its sole discretion and without advance notice to you, cease operation of the Website, services, and distribution of the Products and/or services.

Entire Agreement: This Agreement comprises the entire agreement between you and Bhagwati Pitambara Trust and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of Bhagwati Pitambara Trust to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction: This Website originates from Lucknow, Uttar Pradesh, India. This Agreement will be governed by the laws of the State of Lucknow without regard to its conflict of law principles to the contrary. Neither you nor Bhagwati Pitambara Trust will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Lucknow. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or Services or this Agreement must be filed within 3 months after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination: Bhagwati Pitambara Trust reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and Bhagwati Pitambara Trust may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Bhagwati Pitambara Trust reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Bhagwati Pitambara Trust chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use: Bhagwati Pitambara Trust makes no representation that the Website or Products or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. Bhagwati Pitambara Trust may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE OR SERVICES AVAILED EITHER DIRECTLY OR INDIRECTLY FROM BHAGWATI PITAMBARA TRUST OR NEERFRESH YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.