Terms and Conditions

These terms and conditions of use (hereinafter the "Terms of Use") establish a legally binding agreement between Caloreal Foods Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at No. 3153, Prestige Park View Apartments, Whitefield, Bangalore, Karnataka – 560066, India (hereinafter referred to as “CFPL”, “us”, "we" or "our"), which expression shall include where appropriate its affiliates, successors and assigns) and the persons (“Users” or “you”) accessing and using www.whyfryy.com (hereinafter referred to as "Website"). CFPL owns the Website and your use of the Website shall deem that you have read this Terms of Use and accept to be bound by the terms contained herein. If you do not accept and agree to be bound by all of the terms of this Terms of Use, please do not use the Website.

The Privacy Policy (www.whyfryy.com/privacy-policy.php) and any other policies communicated by CFPL shall be applicable to your use of the Website and shall be deemed incorporated herein by reference.

This Terms of Use 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.whyfryy.com/term-and-conditions.php website. This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. General Use of Information

1.1. We may use the information you provide about yourself to fulfil your requests for our products, services, and inquiries that we believe may be of interest to you. The information may also be used to communicate with you. We may also use this information to offer our products, programs, or services to the User.

1.2. CFPL shall disclose the information it maintains when such disclosure is required by law. We may also disclose such information in response to a law enforcement agency’s request.

2. License and Website access

Subject to your compliance with this Terms of Use, CFPL grants you a limited, non-exclusive, revocable, non-transferable license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the prior written consent of CFPL. The Website and its source code are the exclusive property of CFPL. This license does not include any resale or commercial use of this Website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without prior written consent of CFPL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of CFPL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Website’s or CFPL’s name or trademarks without the prior written consent of CFPL. Any unauthorized use shall terminate the permission or license granted by CFPL.

3. Cookies

This Website uses cookies and by using this Website and agreeing to these Terms of Use, you consent to the CFPL’s use of cookies in accordance with the terms of the CFPL’s privacy policy.

4. Accuracy & Completeness of Information

While CFPL strives to ensure that the information contained in the Website is accurate and reliable, CFPL makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of the Website.

5. Product Colours

We have made every effort to display the products that appear on the Website as accurately as possible. However, as the actual image you see will depend on your monitor/gadget screen, we cannot guarantee that your gadget’s display of any colour will be accurate.

6. Modification of Terms & Conditions of Service

CFPL may at any time modify the Terms of Use of the Website without any prior notification to you. You can access the latest version of these Terms of Use at any given time on the Website. You should regularly review the Terms of Use on the Website. In the event the modified Terms of Use are not acceptable to you, you should discontinue using the Website. However, if you continue to use the Website, you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this Website.

7. Reviews, Feedback, Submissions

7.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain the property of CFPL. Such disclosure, submission or offer of any Comments shall constitute a perpetual transfer and assignment to CFPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, CFPL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CFPL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

7.2. CFPL is and shall be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate these Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. CFPL does not regularly review posted Comments, but reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant CFPL the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments that you may submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify CFPL and its affiliates for all claims resulting from any Comments you submit. CFPL and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

8. Intellectual Property Rights

CFPL, its affiliates, partners, suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, design, processes, technology, content and other materials, which appear on this Website. The access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of CFPL or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to CFPL. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of CFPL. You may not modify, distribute or re-post anything on this Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of CFPL, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party Website or information are provided solely as a convenience to you and do not in any way constitute or imply CFPL endorsement, sponsorship or recommendation of the third party, information, product or service.

9. Limited Warranty

9.1. CFPL is not responsible for the content of any third-party Website and does not make any representations regarding the content or accuracy of material on such Website. If you decide to link to any such third-party Website, you do so entirely at your own risk.

9.2. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only.

9.3. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.

9.4. All software used on this Website is the property of CFPL or its licensee(s) and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by CFPL, one of its affiliates or by third parties who have licensed their materials to CFPL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of CFPL and is also protected by Indian and international copyright laws.

10. Confidential information

In course of your dealings with CFPL, you or us (“Disclosing Party”) may share and provide the other (“Receiving Party”) with access to its confidential and proprietary information (“Confidential Information”). Such Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The Receiving Party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own Confidential Information, to protect the secrecy of the Confidential Information. The Confidential Information shall be disclosed only on a need-to-know basis. The Confidential Information includes but is not limited to the services, third party materials, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.

11. Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, CFPL and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.

12. Indemnity

You agree to defend, indemnify and hold harmless CFPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to CFPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or the Privacy Policy or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, violation of any third party rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms of Use.

13. Limitation of Liability


13.2. In no event shall CFPL be liable, whether in contract, tort (including negligence) or otherwise for any loss of profits, business, contracts, or revenues, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental punitive or consequential damage of any nature whatsoever or howsoever arising out of this Terms of Use.

13.3. The maximum aggregate amount that you or any party claiming through you can recover from CFPL and its affiliates, officers, employees, agents and professional advisors for all claims arising from, under or relating to this Terms of Use (whether in contract, tort including negligence or otherwise) will in no event exceed the product price charged by CFPL.

14. Assignment

You may not assign any of your rights and obligations this Terms of Use without the prior written consent of CFPL.

15. Governing Law and Jurisdiction

These Terms of Use are to be construed in accordance with the laws of India, without regard to its conflict of laws principles. In the event of any dispute or claim associated with these Terms of Use arise, that dispute or claim shall be subject to the exclusive jurisdiction of the competent courts in Bengaluru, India.

16. No Waiver

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

17. Severability

If any of the Terms of Use, conditions or provisions contained in these terms and conditions are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining Terms of Use, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

18. Clarifications

If you have any queries regarding this Terms of Use, please contact CFPL at feedback@calorealfoods.com.