Terms & Conditions

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Terms and Conditions of services

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement (the “Agreement”) is a legal agreement between you and Supply Links (the sole owner of its brand “https://www.popfusion.in“) that states the terms and conditions under which you may receive the https://www.popfusion.in Service and use the https://www.popfusion.in website. This website (https://www.popfusion.in) and any mobile application (collectively, this “Site”) is owned by Delectia Foods Pvt Ltd. (“We”, “Us” Popfusion.in” or “Delectia Foods Pvt Ltd.”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the terms and conditions mentioned in this agreement.

The Terms of Service Agreement (the “Agreement”) governs your use of this website, https://www.Popfusion.in (the “Website”), Delectia Foods Pvt Ltd (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Delectia Foods Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The Delectia Foods Pvt Ltd will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Delectia Foods Pvt Ltd encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website by browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Delectia Foods Pvt Ltd for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Popfusion.in services

The Popfusion.in Service is a transaction, information and communication service available to authorized users (“customers”) who access Popfusion.in. Popfusion.in currently provides an online food items and food items delivery service, and may in the future provide additional shopping and related services. Popfusion.in employees, agents or designees will shop and deliver orders placed with the Popfusion.in Service. Prices of products sold online may differ from those in retail stores. Delivery will be made to the delivery address that you specify when you confirm your order. Prices for products you place in your cart will be guaranteed for the transaction. Payment for associated shopping and delivery fees is due at the time of delivery of products. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If Popfusion.in cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, or wrong address/ details given to us by you, will be assessed an additional fee.

Privacy and Security

Our Privacy Policy, which also governs your visit to Our Site, can be found at OUR PRIVACY POLICY. Please review our Privacy Policy for information on how we collect, use and share information about our users.

Use of This Site

Subject to your compliance with these terms‚ we grant you a limited‚ non-exclusive‚ non-transferable‚ non-sub licensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent.

Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Account

In order to access some features of this Site‚ you may be required to register and we may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these terms and conditions, and we have no obligation to investigate the authorization or source of any such access or use of this Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication

When you use this Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or
code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND FOR YOUR USE OF INTERACTIVE FEATURES, AND THAT YOUR USE ANY INTERACTIVE FEATURES AT YOUR OWN RISK.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Rights in User Content

Except as otherwise provided in these terms and conditions on this Site or in a separate agreement with us, we claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.
By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content
or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms and Conditions; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback

Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions on Rights to Use

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

• Download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms and Conditions;
• Remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
• Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
• Collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
• Reformat or frame any portion of any Web pages that are part of this Site;
• Create user accounts by automated means or under false or fraudulent pretences;
• Create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
• Submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
• Transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
• Use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• Submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;

• Copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
• Take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
• Use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
• We have no obligation to monitor any user conduct on this Site, and we reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership

As between you and us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors and protected by applicable copyright laws.
The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these terms and conditions shall be deemed to grant to you or any other user any license or right in or to any of our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.

Purchases on this Site and Pricing

You agree that all of your transactions with or through this Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these terms and conditions unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these terms & conditions and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We charge GST (Goods & Services taxes) for merchandise ordered on this Site based on the applicable CGST,SGST & IGST rate of the location to which the order is being shipped.

When we ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.
Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by our Return Policy, which can be found at REFUND POLICY.
All the products listed on Popfusion.in will be sold at MRP unless otherwise specified. The prices mentioned on the website will be applicable at the time of placing an order. Although prices of most of the products do not fluctuate on a daily basis, changes in pricing would be updated almost immediately on the portal.
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Copyright

All contents on Popfusion.in including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Popfusion.in and its associates. ALL RIGHTS RESERVED, or its content providers Popfusion.in authorizes you to view and copy for the sole purpose of placing an order withPopfusion.in, for your personal use, provided that you preserve any copyright or other proprietary notices. Any other use of materials onPopfusion.in, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Popfusion.in is strictly prohibited. Popfusion.in reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice fromPopfusion.in.

Unauthorized or Fraudulent Use

Popfusion.in does not offer the Popfusion.in Service to children. By registering for the Popfusion.in Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Popfusion.in Service only with the involvement of a parent or guardian. From time to time, Popfusion.in may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use.

Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Termination

You may terminate the terms and conditions of the agreement at any time by closing your account, discontinuing your use of this Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site;

(b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these terms and conditions; and (e) your violation of any rights of another. You agree to promptly notify us of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that we shall have the right to control of the defense or settlement of any third party Claims.

Disclaimers

Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

Exclusivity of Remedy, Limitation of Liability

Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms& Conditions would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Changes in Agreement or Popfusion.in services

Changes in Agreement or Popfusion.in services

Popfusion.in may at any time change any of the terms of this Agreement but not limited to, the amount of, or basis for determining, any fees or charges for the Popfusion.in service. If Popfusion.in makes material changes to this Agreement, Popfusion.in will provide notice to you in a manner provided in this Agreement. Your use of the Popfusion.in Service after any such change will be conclusively deemed acceptance of such change. Popfusion.in may discontinue or revise any or all aspects of the Popfusion.in Service without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances. If any change is unacceptable to you, you may cancel your Popfusion.in service and terminate this Agreement.

Notices

Popfusion.in may give notice to you of a change in this Agreement and any other matter by general posting on popfusion.in by electronic mail or by conventional mail to your address contained in the Customer Registration Data.

Sale of Business

Enforcement of Agreement or Compliance with Law

Severability

No Third-Party Beneficiaries

Miscellaneous

Questions

Popfusion.in may transfer Customer Registration Data and other personal information in connection with the sale of Popfusion.in or the sale or transfer of its business operations in your geographic area to a third party provider of products or delivery services who agrees to be bouSale of BusinessQuestions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: hello@Popfusion.in.

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 use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.