Terms of Service Agreement
Last updated on 9th March 2023.
Please read the terms of this Service Agreement (“agreement”) carefully.
By using the website – www.hungryeyes.in ("website"), or the Hungry Eyes mobile application ("Hungry Eyes app") on IOS or Android devices including phones, tablets or any other electronic device or the mobile site, www.hungryeyes.in ("msite"), wherein the website, the Hungry Eyes app and the msite are together referred to as the "platform", or purchasing products from the platform you agree to be bound by all of the terms and conditions of this agreement.
This agreement governs your use of this platform, use of the trade name - Hungry Eyes ("business name"), the offer of products for purchase, fresh dog food, on this platform, and / or your purchase of products, fresh dog food, available on this platform.
For the purposes of this agreement, wherever the context so requires "you" or "user" shall mean any person including any natural or legal person who uses the platform or buys any product from the platform using any computer systems or other devices including but not limited to any mobile device, handheld device and tablets.
This agreement includes, and incorporates by reference, the policies and guidelines referred to in this agreement. In the event of any conflict between the terms of this agreement and any provision of such policies and guidelines, the terms of this agreement shall prevail in relation to the subject matter hereof and the terms of such policies and guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to carefully read all such policies and guidelines, as available on the platform.
Hungry Eyes reserves the right to amend the agreement at any time by posting such amendments or the amended agreement on this platform.
Hungry Eyes may alert you of the amendments by indicating on the top of this agreement the date it was last revised or by any other means. The amended agreement will be effective immediately after it is posted on this platform. Your use of the platform following the posting of any such amendments will constitute continued acceptance of the agreement including the amendments thereof.
Hungry Eyes encourages you to review this agreement whenever you visit the platform to make sure that you understand the terms and conditions governing the use of the platform and / or the purchase of products. This agreement does not alter in any way the terms or conditions of any other written agreement you may have with Hungry Eyes for other products or services. in the event of any conflict between the terms of this agreement and any other agreement executed with you, the terms of such other agreement shall prevail in relation to the subject matter thereof if you do not agree with this agreement (including any policies or guidelines referred to herein), please immediately terminate your use of the platform. If you would like to print this agreement, please click the print button on your browser toolbar.
Hungry Eyes is currently delivering orders of the products listed on the platform (“products”) and providing various offers mentioned on the platform (“offers”) only in select areas in the city of Bengaluru. We will not be able to service orders at any place other than the operating location or locations.
Any modification in the operating location or locations of Hungry Eyes shall be mentioned on the platform. All products 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 without notice, even if you have already placed an order.
We take care to accurately display the description, colors and images of our products but, we cannot guarantee nor take responsibility for variations in pictorial representations for the products and color variation due to technical reasons.
Prices and descriptions of the products are subject to change at any time without notice, at our sole discretion. We shall not be liable to anyone for any changes in price, suspension or discontinuance of the products.
The platform allows you to place order for products in standard quantities and the price of each product displayed on the platform is also calculated on the basis of standard quantity of the product. However, due to the nature of the product there may be a variance between the quantity ordered and the quantity supplied.
We will only charge you for the quantity of the product that has been delivered to you. In case the quantity of the product deliveed to you is less than the quantity of product ordered, any excess amounts paid by you shall be refunded to you. The mode of refund shall be as determined by Hungry Eyes from time to time, such as, by crediting any other mobile wallet that you may use.
The products sold on the platform are perishable goods. Hence, we recommend that you read the instructions written on the packaging of each product carefully, before using such product.
Any offers available on the platform shall be, in addition to this agreement, subject to the terms and conditions as may be listed on the platform in relation to such offers. Hungry Eyes has proprietary rights and trade secrets in the products. You shall not copy, reproduce, resell or redistribute any product manufactured and/or distributed by Hungry Eyes.
TERMS OF OFFER
This platform offers for sale various products including food products (the "products"). By placing an order for products through this platform, you agree to the terms set forth in this agreement.
Hungry Eyes reserves the right to refuse service to any customer.
Unless you notify in writing, our third-party vendors or Hungry Eyes advisors, of your intention to opt-out from further direct and indirect marketing communications and solicitations, you are agreeing to continue to receive emails, calls, and messages through other mediums which Hungry Eyes may adopt from time to time including but not limited to text messages for soliciting orders.
You may choose to opt-out from receiving future marketing and solicitation communications by sending your email address to: email@example.com.
Hungry Eyes has proprietary rights and trade secrets in the products. You shall not copy, reproduce, resell or redistribute any product manufactured and/or distributed by Hungry Eyes. We also have rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Content, intellectual property, and third party links in addition to making products available, this platform also offers information and marketing materials. This platform offers information, both directly and through indirect links to third-party websites, mobile application about nutritional and dietary supplements.
Hungry Eyes does not always create the information offered on this platform; instead, the information is often gathered from other sources. To the extent that Hungry Eyes does create the content on this platform, such content is protected by 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 platform is for personal, non-commercial use. Any links to third-party websites and mobile applications are provided solely as a convenience to you.
Hungry Eyes does not endorse the contents on any such third-party websites and mobile applications. Hungry Eyes is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites and mobile applications. If you link to third-party websites, you do so at your own risk.
Persons who can form legally binding contracts under Indian contract act, 1872 (act) are only eligible to use the platform. Persons who are "incompetent to contract" within the meaning of the act are not eligible to use the platform. If you are under the age of 18 years (minor), you shall not register as a user and shall not transact on or use the platform. Legal guardians or parents can transact or use the platform on behalf of a minor.
Hungry Eyes reserves the right to terminate your membership and/or refuse access to the platform upon acquiring actual knowledge that you are under the age of 18 years.
USE OF PLATFORM
Hungry Eyes is not responsible for any damages resulting from the use of this platform by anyone. You will not use the platform for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the platform by other users, (3) not resell material on the platform, (4) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the platform license. By using this platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the platform in connection with your normal, non-commercial, use of the platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Hungry Eyes or the applicable third party (if third party content is at issue).
By posting, storing, or transmitting any content on the platform, you hereby grant Hungry Eyes 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.
Hungry Eyes does not have the ability to control the nature of the user-generated content offered through the platform. You are solely responsible for your interactions with other users of the platform and any content you post.
Hungry Eyes is not liable for any damage or harm resulting from any posts by or interactions between users.
Hungry Eyes reserves the right, but has no obligation, to monitor interactions between and among users of the platform and to remove any content Hungry Eyes deems objectionable, at its sole discretion.
DISCLAIMER OF WARRANTIES
Your use of this platform and/or products are at your sole risk. The platform and products are offered on an "as is" and "as available" basis. To the extent permitted under applicable laws, Hungry Eyes expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or platform contents, or any reliance upon or use of the platform content or products. Without limiting the generality of the foregoing, Hungry Eyes makes no warranty: that the information provided on this platform is accurate, reliable, complete, or timely. The links to third-party platforms are to information that is accurate, reliable, complete, and timely. No advice or information, whether oral or written, obtained by you from this platform will create any warranty not expressly stated herein as to the results that may be obtained from the use of the products or that defects in products will be corrected.
LIMITATION OF LIABILITY
The entire liability of Hungry Eyes and your exclusive remedy, in law, in equity, or otherwise, with respect to the platform content and products and/or for any breach of this agreement is solely limited to the amount you paid in last one month from any such claim arising, less shipping and handling costs and taxes, for products purchased via the platform. To the extent permitted under applicable laws, Hungry Eyes will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the platform content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the platform; or (4) any lost profits you allege.
You will release, indemnify, defend and hold harmless Hungry Eyes and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this agreement or the breach of your warranties, representations and obligations under this agreement; (2) the platform content or your use of the platform content; (3) the products or your use of the products ; (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this agreement; or (6) any information or data you supplied to Hungry Eyes.
When Hungry Eyes is threatened with suit or sued by a third party, Hungry Eyes may seek written assurances from you concerning your promise to indemnify Hungry Eyes; your failure to provide such assurances may be considered by Hungry Eyes to be a material breach of this agreement.
Hungry Eyes will have the right to participate in any defense by you of a third-party claim related to your use of any of the platform content or products, with counsel of Hungry Eyes choice at its expense.
Hungry Eyes will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Hungry Eyes against any claim, but you must receive Hungry Eyes’ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of the platform or products.
Product recipes, contents or prices are subject to change without prior notice. Hungry Eyes shall not be liable to anyone for the afore-stated changes.
The prices displayed against each product on the website is for the quantity mentioned & exclusive of handling and delivery charges plus applicable taxes. The final order amount will be calculated based on the quantity ordered, handling and delivery charges plus applicable taxes. Please note GST is applicable on delivery & handling fees as well.
Any discrepancy in the price (the correct price and the billed price for the quantity ordered ) levied while ordering will be refunded to you by Hungry Eyes in case of excess amount or will be requested from you in case of lesser amount being charged before or after the delivery of the order. The refund of the relevant amount will be made to the mode of payment used at the time of placing the order. The refund amount will get credited to your account in 10 working days from the date of cancellation.
We accept all major national credit cards, debit cards, netbanking, UPI, pay-later options as available on Razorpay, our payment gateway partner. We currently do not accept international debit cards and credit cards.
For same day delivery, we at Hungry Eyes do not entertain cancellation of an order or orders irrespective of the product type.
For next day delivery, we would request you to cancel your order or orders within 1 hour of placing the order or orders.
For subscription-based orders, the remaining order quantity can be cancelled 24 hours prior to the next scheduled delivery date & time slot.
At Hungry Eyes we do not entertain any requests for returns. We would request you to please let us know your feedback on the product to understand the situation better. If the product is faulty, we will refund the amount for the said product.
For orders which are cancelled, the refund of the relevant amount will be made to the mode of payment used at the time of placing the order. The refund amount will get credited to your account in 10 working days from the date of cancellation, unless there are any unforeseeable circumstances from the payment partner.
For all subscription-based orders, refunds will be made for the order quantity not yet serviced only.
DELVIERY CHARGES AND TAXES
At Hungry Eyes, we levy a fee comprising the delivery charges and applicable taxes, based on kilometre radius zones.
The afore-stated fee may be revised by Hungry Eyes, at its sole and absolute discretion, without giving any prior notice.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
Hungry Eyes reserves the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at platform.
Hungry Eyes 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, the act of god, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of operation Hungry Eyes may at any time, in its sole discretion and without the advance of the platform and distribution of the products.
This agreement including the policies and guidelines included herein by reference comprise the entire agreement between you and Hungry Eyes and supersedes any prior agreements pertaining to the subject matter contained herein.
EFFECT OF WAIVER
The failure of Hungry Eyes 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 endeavour 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 AND JURISDICTION
This platform originates from Bengaluru, Karnataka. This agreement will be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in the state of Karnataka. 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 other 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.
Hungry Eyes reserves the right to terminate your access to the platform without advance notice 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 platform and Hungry Eyes may, in its sole discretion and without advance notice to you, cancel any outstanding orders for products. If your access to the platform is terminated, Hungry Eyes reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the platform. This agreement will survive indefinitely unless and until Hungry Eyes chooses, in its sole discretion and without advance to you, to terminate it.
Hungry Eyes makes no representation that the platform or products are appropriate or available for use in locations outside India. Users who access the platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
You may not assign your rights and obligations under this agreement to anyone. Hungry Eyes may assign its rights and obligations under this agreement in its sole discretion and without advance notice to you.
In the event that any provision of this agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform at firstname.lastname@example.org
In accordance with information technology act, 2000 and rules made thereunder, the name and contact details of the grievance officer are provided below:
Hungry Eyes - Crafted For Canines
Flat No. 303, A-Block, 4th Floor,
Royal Palms Apartment,
2nd Cross, 3rd Main, L B Shastrinagar,
Vimanapura PO, Bengaluru – 560017
Call or chat on Whatsapp (+918884284847) on all days from 7 AM - 7 PM except on Sundays.
*By using this platform or ordering products from this platform you agree to be bound by all of the terms and conditions of this agreement.