GENERAL

We, at Energy Foods, (“we,” “ wow fadeInRight animated”) provide services to all individuals accessing or using our platform for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy. The Platform is owned and operated by Energy Foods, a company duly incorporated under the provisions of the Companies Act, 2013. By accessing or browsing of the Platform and using the Services (as defined below) you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.

ELIGIBILITY

When you use the Platform, you represent that you meet the following primary eligibility criteria:
a. You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
b. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
c. You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Energy Foods Platform.
d. You have not been previously suspended or removed by Energy Foods or disqualified for any other reason, from availing the Services.
e. Energy Foods reserves the right to terminate your membership and/or refuse to provide you with access to the Energy Foods Platform if Energy Foods discovers that you are under the age of 18 years.

OUR SERVICES

YOUR USE OF THE ENERGY FOODS PLATFORM
As an end-user and recipient of Services, when you use the Energy Foods Platform, you agree to the following conditions of use:

Due diligence conditions:

a. You are solely responsible for the medical, health and personal information you provide on the Energy Foods Platform, and you are requested to use your discretion in providing such information.
b. You will provide accurate and complete information everywhere on the Energy Foods Platform, based on which you will receive the Services.
c. You will be solely responsible for all access to and use of this Energy Foods Platform by anyone using the password and identification originally assigned to you whether or not such access to and use of this Energy Foods Platform is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
d. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, vendors, agents and government authorities, etc. as stated in our Privacy Policy.
e. We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

Scope of Services:

a. Energy Foods sells products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health foods and over the counter drugs, to end customers. Energy Foods does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940.
b. Energy Foods engages in retail sale to end customers through both offline and online channels, i.e. through its outlets / physical stores as well its Energy Foods Platform. The Energy Foods Platform will display the inventory of products available in Energy Foods stores only in your region, based on the pin code entered by you on the Energy Foods Platform.

Prohibitions:

a. You may view and access the content available on the Energy Foods Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Energy Foods Platform or any portion of it unless expressly permitted by Energy Foods in writing.
b. You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by Energy Foods.
c. You may not make any commercial use of any of the information provided on the Energy Foods Platform.
d. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
e. You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5 below.
f. You may not resell any Products purchased from Energy Foods stores or the Energy Foods Platform.

Charges Policy:

a. The delivery charges associated with each of your purchases will be displayed on the checkout page once you place an order on the Energy Foods Platform. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly.
b. Applicable refunds will be processed in accordance with the Energy Foods Payments, Returns and Refunds Policy available in our website.
c. Pay on Delivery (“POD”) is a payment method by which you can pay for your ordered item(s) in cash when the courier company delivers the non-prescription orders to you at your delivery address. In case of prescription-required drugs, the delivery is done through Energy Foods staff.
d. If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, Energy Foods POD option gives you the flexibility to pay the complete order amount on delivery through a point-of-service terminal or through cash.
e. The POD option is available for selected locations only. Please note that if your pin code is not part of the POD serviceable pin code list, then the POD option will not appear in the final ordering page.
f. We will inform you once the order is confirmed and when the items are shipped with an update on the approximate delivery time.
g. We make our best efforts to ship each item in your order within 3 working days of the order. However in some cases, we may take longer to ship the order as we may have to procure it from some other stores or our suppliers. In the unlikely event that we are not able to ship your order completely within 7 days of the order, we shall cancel the remaining unshipped part of the order, and send you an email informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded, in the manner you have made the payment, in accordance with the Energy Foods Payment, Returns and Refund Policy.
h. Energy Foods does not make any inter-state deliveries of medicine. Inter-state delivery of medicines are fulfilled through external delivery partners. Energy Foods may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. Energy Foods shall not be held liable for the actions of the external delivery partner in any way whatsoever.

International Delivery:

a. International delivery is not available currently. You can access the website to order items while being located anywhere in the world, but the shipping address has to be in India.

Additional Information:

a. Energy Foods shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
b. You will compensate Energy Foods for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).

Medicine Delivery Policy:

a. Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the Energy Foods Platform.
b. You agree that the prescription uploaded by you will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist.
c. You agree and consent to the particulars of your prescription will be recorded by Energy Foods in accordance with its obligations under applicable laws.
d. You may be required to display the prescription, whether offline or online, for the purpose of record keeping by Energy Foods, at the time of picking up medicines or accepting delivery of medicines through an online order.

PROHIBITED CONTENT

You shall not upload to, distribute, or otherwise publish through the Energy Foods Platform, the following Prohibited Content, which includes any content, information, or other material that:
a. belongs to another person and which you do not own the rights to;
b. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
c. is hateful, racially or ethnically objectionable, disparaging of any person;
d. relates to or seems to encourage money laundering or gambling,
e. harm minors in any way;
f. infringes any patent, trademark, copyright or other proprietary rights;
g. violates any law in India for the time being in force;
h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
i. communicates any information which is grossly offensive or menacing in nature;
j. impersonates another person;
k. contains software viruses and malicious programs;
l. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
m. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
n. incites any offence or prevents investigation of any offence or insults any other nation;
o. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHEL or any other Energy Food group company or affiliate who you may interact with for availing Services; and
p. is not relating to the medical consultation or relating to any of the Services you avail from us.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Energy Foods Platform.

INDEMNITY

By using the Energy Foods Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold Energy Foods, its affiliates and any Energy Food group companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of:
a.your breach of these Terms;
b.your use of the Energy Foods Platform and/or the Service;
c.incorrect or inaccurate credit / debit card details provided by you;
d.you using a credit / debit card which is not lawfully owned by you;
e.you permitting a third party to use your password or other means to access your account;
f.your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Energy Foods Platform and/or the Service;
g.you providing a false, forged, unauthorized or manipulated prescription or
h.any action taken by Energy Foods as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:
a. To the extent permitted by applicable law, Energy Foods or its affiliates or any Energy Food group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
(i) these Terms and Conditions and Privacy Policy;
(ii) your use or inability to use the Energy Foods Platform;
(iii) your use of any third party services you contacted through the Energy Foods Platform.
b. Energy Foods does not warrant that the Energy Foods Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the Energy Foods Platform.
c. Although Energy Foods takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Energy Foods Platform, Energy Foods does not represent or warrant that the Energy Foods Platform, or the Service or Products or materials that may be made available through the Energy Foods Platform are free from such destructive features. Energy Foods is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
d. To the extent permitted by law, Energy Foods shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if Energy Foods has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
(i) your use of or reliance on the Energy Foods Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Energy Foods Platform;
(ii) your provision of information, personal or otherwise, to Energy Foods;
(iii) the provision of Services by Energy Foods; or
(iv) acts or negligence on the part of Energy Foods, its agents or employees;
(v) errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist Energy Foods such as delivery partners.
e. To the fullest extent permitted by law, Energy Foods disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the Energy Foods platform or Energy Foods services, or with respect to the accuracy, currency or completeness of the information provided by Energy Foods, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The Energy Foods platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this Energy Foods platform is at your sole risk.
f. Notwithstanding anything herein to the contrary, Energy Foods aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Energy Foods Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.
g. Energy Foods reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.
h. No claims or action arising out of, or related to, the use of the Energy Foods Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
i. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.
This section shall survive the termination of this Agreement and the termination of your use of our Services or the Energy Foods Platform.

DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy in our website.

INTELLECTUAL PROPERTY AND OWNERSHIP

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Energy Foods Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us. No use of these may be made without the prior written authorization of Energy Foods. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to Energy Foods, unless otherwise noted. The Marks on the Energy Foods Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of Energy Foods, except for the sole purpose of identifying the Products or Services originating from Energy Foods. You acknowledge and agree that the material and content shown at the Energy Foods Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this Energy Foods Platform. You further acknowledge that any other use of the material and content of the Energy Foods Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. The Energy Foods Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the Energy Foods Platform. You warrant that any such User Content submitted by you to the ENERGY FOODS Platform is original (and does not infringe the copyright of others), and you hereby grant Energy Foods a perpetual, irrevocable, non-exclusive, royalty free license to use. Such user Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. Energy Foods has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.

OTHER CONDITIONS

Please note that your payments are processed in accordance with applicable law and you may refer to our Payments and Refund Policy for details. By using our Services, you further confirm that you understand and agree to the following:
a. That you will use the services provided by Energy Foods, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Energy Foods Platform and transacting on the Energy Foods Platform.
b. You will provide true, accurate, complete and current information in all instances where such information is requested of you. Energy Foods reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Energy Foods has the right in its sole discretion to reject the registration and debar you from using the Services of Energy Foods and / or other affiliated websites without prior intimation whatsoever.
c. That you using your best and prudent judgment before entering into any transaction through this Energy Foods Platform doing so at your sole risk.
Energy Foods reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party. No delay or failure by ENERGY FOODS to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of ENERGY FOODS. These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and ENERGY FOODS relating to the use of the ENERGY FOODS Platform (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and ENERGY FOODS for your use of the ENERGY FOODS Platform. When you visit the ENERGY FOODS Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the ENERGY FOODS Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.

THIRD PARTY LINKS AND RESOURCES

Where the ENERGY FOODS Platform contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only/ merely as a convenience. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any links to such linked Internet sites should no way be construed as an endorsement, representation or promotion by ENERGY FOODS as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/links is done at your own risk and cost. You will be bound by the privacy policy and terms of use of the respective website when you navigate away from the ENERGY FOODS Platform to any such website.

AMENDMENTS

We may from time to time update or revise these Terms and Conditions. Every time you wish to use the ENERGY FOODS Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
a. Strike, lockout or other forms of protest
b. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
d. Inability to use public or private transportation and telecommunication systems.
e. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

TERMINATION

a. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions.
b. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

APPLICABLE LEGISLATION AND JURISDICTION

The use of our ENERGY FOODS Platform and the contract between you and ENERGY FOODS shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Tamilnadu, India but not in any other Court.

CONTACT US

If you have any comments, query or grievances regarding the Services, Terms and Conditions and Privacy Policy, you may contact our Grievance Officer at drganbuganapathi@gmail.com or 8939055088.