These Terms of Service (“Agreement”) govern your use of the www.zappfresh.com website (the “Website”) and the Zappfresh mobile application (“Zappfresh App”), available on iOS, Android, or any other electronic devices, including smartphones, tablets, or similar handheld devices (collectively referred to as the “Application”).

In this Agreement, the terms “you” or “User” refer to any individual or legal entity accessing or using the Application, whether to browse, interact, or purchase products offered by DSM Fresh Foods Limited. The terms “we,” “our,” or “DSM Fresh Foods Limited” refer to the company providing and operating the Application, including all associated services, content, and functionalities.

ACCEPTANCE

DSM Fresh Foods Limited strongly advises you to carefully review this Agreement each time you access or use the Application to ensure you fully understand the terms and conditions that govern its usage and/or the purchase of Products (as defined below). This Agreement is independent of, and does not amend or override, any other written agreements you may have with DSM Fresh Foods Limited for additional products or services. In the event of any inconsistency or conflict between the provisions of this Agreement and those of any other executed agreement, the terms of the respective written agreement shall prevail with regard to its specific subject matter.

If you do not agree to comply with this Agreement, including any policies or guidelines referenced herein, you must discontinue use of the Application immediately. For your convenience, if you would like to retain a copy of this Agreement, you may print it by selecting the print option from your browser’s toolbar.

ELIGIBILITY

By accessing or using the Application, you represent and warrant that you are at least eighteen (18) years of age or older and possess the legal capacity to understand, accept, and comply with the terms and conditions outlined in this Agreement.

DSM Fresh Foods Limited reserves the absolute right to restrict, suspend, or terminate your membership and/or access to the Application if it is determined that you are under eighteen (18) years of age or otherwise legally incompetent to enter into a binding contract as per applicable laws.

Feel free to send the next section whenever you’re ready! 😊

LICENSE AND USE OF THE APPLICATION

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Application, strictly in accordance with the terms outlined in this Agreement. You agree that your use of the Application will remain lawful and that you will not engage in any activity that violates applicable laws, disrupts, or attempts to interfere with the functioning of the Application.

You acknowledge and agree that all content, including but not limited to information, data, text, software, music, sound, photographs, graphics, audio, video, messages, and other materials appearing on the Application, including the brand name Zappfresh (collectively referred to as the “Content”), is the exclusive property of DSM Fresh Foods Limited or its licensors. You are expressly prohibited from using, copying, or reproducing any Content without the prior written consent of DSM Fresh Foods Limited or its licensors.

Except as specifically permitted in this Agreement, the Content may not be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means without prior written approval from DSM Fresh Foods Limited or the respective licensors. However, you are granted permission to display, copy, distribute, and download materials from the Application solely for personal, non-commercial use, provided that:

1. No modifications are made to the materials.

2. All copyright and proprietary notices contained within the materials remain intact.

You may not “mirror” any material from the Application on any other server without explicit written consent from DSM Fresh Foods Limited. Any permissions granted under this Agreement will terminate automatically without prior notice if you breach any of these terms. Upon termination, you agree to promptly destroy any downloaded, copied, or printed Content.

USER CONDUCT AND RESTRICTIONS

You agree not to host, display, upload, modify, publish, transmit, update, or share any content or information on the Application that:

1. Belongs to another person and to which you do not have any legal rights.
2. Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of someone’s privacy, hateful, or racially and ethnically objectionable. It must not be disparaging, encourage money laundering or gambling, or be unlawful in any way.
3. Causes or has the potential to harm minors in any form.
4. Infringes upon any patent, trademark, copyright, or other proprietary rights of any individual or entity.
5. Violates any law currently in force.
6. Deceives or misleads recipients about the origin of information or includes any content that is grossly offensive, menacing, or inappropriate.

Impersonates another person or misrepresents your identity.

Contains software viruses, harmful computer codes, or files designed to interrupt, damage, or limit the functionality of the Application or any associated systems.

Threatens the unity, integrity, defense, security, or sovereignty of India, harms friendly relations with foreign states, disrupts public order, incites the commission of any recognizable offense, obstructs an investigation, or insults any other nation.

Additionally, you agree not to collect information from other users of the Application, including downloading, copying, or accessing such information without authorization. You are strictly prohibited from using unsolicited means to collect or communicate with other users for any purpose.

PRODUCTS, ORDERING AND PRICING

DSM Fresh Foods Limited currently delivers the products listed on the Application (“Products”) and extends various offers (“Offers”) only in select regions, specifically within the cities of Delhi, Gurugram, Noida, Ghaziabad, Bengaluru, and Mumbai (collectively referred to as the “Operating Locations”). Orders placed outside these Operating Locations cannot be serviced at this time. Any modifications or updates to the Operating Locations will be duly communicated on the Application.

All Products listed on the Application are subject to availability. DSM Fresh Foods Limited reserves the right to impose quantity limits on any order, reject orders in part or whole, or discontinue Products without prior notice, even if the order has already been placed. While we strive to accurately represent product descriptions, colors, and images on the Application, slight variations may occur due to technical limitations or other factors. We do not accept liability for any discrepancies or inaccuracies in the pictorial representations or descriptions. Prices and product details are subject to change at any time without prior notice and at our sole discretion. DSM Fresh Foods Limited shall not be held liable to you or any third party for price changes, product suspension, or discontinuation.

The Application allows users to place orders for Products based on standard quantities, and the price displayed is determined accordingly. However, due to the nature of the Products, there may be slight variances between the quantity ordered and the quantity supplied. You will only be charged for the actual quantity supplied.

• If the supplied quantity is less than the ordered quantity, any excess amount paid will be refunded to you. Refunds will be processed through modes determined by DSM Fresh Foods Limited, such as crediting your Zappfresh Wallet or any other mobile wallet you use.
• If the supplied quantity exceeds the ordered quantity, any additional charges will be adjusted against your subsequent order.
• As the Products sold on the Application are perishable goods, we strongly recommend that you carefully review and follow the usage and storage instructions provided on the product packaging to ensure safety and quality.
• Any Offers available on the Application shall be subject to additional terms and conditions, as specified on the Application, in conjunction with this Agreement.

You further acknowledge that DSM Fresh Foods Limited holds proprietary rights and trade secrets in its Products. You are strictly prohibited from copying, reproducing, reselling, or redistributing any Product that is manufactured and/or distributed by DSM Fresh Foods Limited.

DELIVERY, HANDLING CHARGES AND TAXES

DSM Fresh Foods Limited reserves the right to apply delivery and handling charges, as deemed appropriate, along with any applicable taxes. The delivery charges and taxes will be communicated to you during the order placement process, and such charges may be revised or updated by DSM Fresh Foods Limited from time to time.

While DSM Fresh Foods Limited makes every effort to ensure that orders are delivered within the estimated time frame mentioned at the time of purchase, there may be instances where unforeseen circumstances cause delays. Factors such as weather conditions, logistical challenges, or operational issues may result in delivery timelines varying from those initially indicated. In such cases, DSM Fresh Foods Limited will strive to keep you informed and provide timely updates regarding any delays or changes to your delivery schedule.

Intellectual Property and Third-Party Links

DSM Fresh Foods Limited is the sole and exclusive owner of the Zappfresh brand, the Application, and all associated intellectual property rights. This includes, but is not limited to, trademarks, logos, content, designs, and any other proprietary material arising from the Zappfresh brand and the Application. All rights, title, and ownership of such intellectual property remain with DSM Fresh Foods Limited, and no part of the Application or its content may be used, reproduced, or distributed without our explicit written consent.

The Application may, from time to time, include links to third-party websites or external services for your convenience. These links are provided solely for informational purposes. You acknowledge and agree that DSM Fresh Foods Limited does not endorse, control, or monitor these third-party websites or services. Your use of such linked services is entirely at your own risk, and DSM Fresh Foods Limited shall not be held responsible or liable for any loss, damage, or inconvenience resulting from your access to, or reliance on, third-party content or services.

In addition to offering Products, the Application may also provide information about nutritional and dietary supplements, either directly or through third-party links. This information is intended for general purposes only and does not constitute professional advice. You agree that any reliance on such information is undertaken at your sole discretion and risk. DSM Fresh Foods Limited disclaims any responsibility for direct, indirect, or consequential damages arising from the use of this information. Furthermore, any third-party content displayed or accessed via the Application is the sole responsibility of the person or entity providing such content, and DSM Fresh Foods Limited shall not be held liable for its accuracy, quality, or reliability.

User Account

To access and use the Application, you may be required to register an account by providing accurate and up-to-date information. You are solely responsible for ensuring the accuracy and completeness of all information provided during registration, including billing details, payment methods, and contact information. Any falsified, incomplete, or inaccurate information may result in the suspension or termination of your account.

You are also responsible for maintaining the confidentiality and security of your account credentials, including your password. DSM Fresh Foods Limited cannot and will not be held liable for any loss, damage, or unauthorized activities resulting from your failure to safeguard your account details. You agree to notify us immediately of any unauthorized access or use of your account.

By posting, storing, or transmitting any content on the Application, you grant DSM Fresh Foods Limited a perpetual, worldwide, non-exclusive, royalty-free, and assignable license to use, reproduce, display, distribute, create derivative works from, transmit, and assign such content in any format, in all media now known or developed in the future. You acknowledge that DSM Fresh Foods Limited does not control the nature of user-generated content posted or shared through the Application. You are solely responsible for any content you submit or interactions you have with other users.

DSM Fresh Foods Limited shall not be liable for any harm, disputes, or damages arising from user-generated content, user interactions, or activities on the Application. However, DSM Fresh Foods Limited reserves the right, at its sole discretion and without prior notice, to monitor, review, and remove any content that it deems inappropriate, harmful, or objectionable.

You have the right to request deletion of your account and associated personal data. Upon receiving such a request, DSM Fresh Foods Limited will process the deletion of your account and remove your personal information as permitted under applicable laws.

Reverse Engineering & Security

You agree that you will not engage in any activity that compromises the integrity, security, or functionality of the Application. Specifically, you agree not to:

1. Reverse engineer or attempt to reverse engineer, decompile, or disassemble any part of the software, code, or functionalities associated with the Application.
2. Violate the security of the Application by gaining unauthorized access, circumventing encryption mechanisms, exploiting vulnerabilities, or interfering with any host, user, or network linked to the Application. Unauthorized activities such as data mining, hacking, or introducing malware are strictly prohibited.
3. Use the Application to engage in illegal spam activities, including, but not limited to, collecting email addresses, personal information of other users, or sending unsolicited mass commercial emails.
4. Any violation of these provisions may result in the immediate suspension or termination of your access to the Application, along with potential legal action where applicable.

Customer Solicitation

Unless you explicitly notify us in writing of your intention to opt out, you agree to continue receiving direct and indirect marketing communications from DSM Fresh Foods Limited. These communications may include emails, calls, or messages across various mediums to provide information, promotions, and solicitations related to our Products.

If you wish to opt out of receiving such communications, you may do so by following the procedures outlined in this Agreement.

Opt Out Procedure

If you wish to stop receiving future marketing and solicitation communications, you may opt out by following any of the methods below:

1. Send an email request, including your email address, to: info@zappfresh.com.
2. Submit a written request to our corporate office at the following address:
3. Zappfresh Corporate Office
4. 4th Floor, Landmark Tower, Plot No-2,
5. South City 1, C Block, Opposite C-113,
6. Ashok Marg, Silokhera, Sector 41,
7. Gurugram, Haryana, 122001.

Once your request is received, we will ensure that your details are removed from our marketing and solicitation lists.

Zappfresh Wallet

DSM Fresh Foods Limited provides the Zappfresh Wallet as a feature for its Users. The Zappfresh Wallet is currently designed exclusively for refund purposes, allowing refunds to be credited to the User’s account. At this time, Users cannot manually add funds to the Zappfresh Wallet. Any funds reflected in the wallet will be those processed and credited by DSM Fresh Foods Limited as refunds.

DISCLAIMER OF WARRANTIES

Your use of the Application is at your sole risk. The Application, along with the Products and any offers provided, is offered on an “as is” and “as available” basis. To the fullest extent permitted by applicable laws, DSM Fresh Foods Limited explicitly disclaims all warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Application, Products, or any reliance upon or use of the Products or the Application.

Without limiting the above, DSM Fresh Foods Limited makes no guarantees or warranties regarding:

1. The accuracy, reliability, completeness, or timeliness of the content on the Application, including links to third-party websites or services.
2. The correction of any defects in the Products or the Application.

Furthermore, any advice or information you obtain—whether oral or written—from DSM Fresh Foods Limited through the Application does not create any warranty or guarantee unless expressly stated in these Terms.

LIMITATION OF LIABILITY

The entire liability of DSM Fresh Foods Limited, and your exclusive remedy, whether in law, equity, or otherwise, with respect to your use of the Application, Products, Offers, or any breach of this Agreement, is strictly limited to the total amount paid by you for purchases made through the Application in the last one month prior to the claim. This amount excludes any shipping charges, handling costs, or applicable taxes.

To the maximum extent permitted by applicable laws, DSM Fresh Foods Limited shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to:

1. Your use or inability to use the Application, Products, or Offers.
2. The cost incurred to procure substitute Products.
3. Any lost profits, loss of goodwill, loss, theft, or corruption of user information that you may allege.

These limitations apply regardless of whether such damages are foreseeable or whether DSM Fresh Foods Limited has been advised of the possibility of such damages.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless DSM Fresh Foods Limited and any of it's 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) your violation of any provision of this Agreement including the breach of your warranties, representations and obligations under this Agreement by you; (2) your use of the Application, Products or offers; (3) infringement of any intellectual property or other proprietary right of any person or entity including DSM Fresh Foods Limited by you; or (4) any information or data supplied to DSM Fresh Foods Limited by you. When DSM Fresh Foods Limited is threatened with suit or sued by a third party, DSM Fresh Foods Limited may seek written assurances from you concerning your promise to indemnify DSM Fresh Foods Limited; your failure to provide such assurances may be considered by DSM Fresh Foods Limited to be a material breach of this Agreement. DSM Fresh Foods Limited will have the right to participate in any defence by you of a third-party claim related to your use of the Application, Products or offers, with a counsel of DSM Fresh Foods Limited’s choice at its expense. DSM Fresh Foods Limited will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend DSM Fresh Foods Limited against any claim, but you must receive DSM Fresh Foods Limited 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 Application or Products.

MODIFICATION

DSM Fresh Foods Limited reserves the right to amend or modify this Agreement at any time, in compliance with applicable laws. Any such amendments or updated versions of the Agreement will be posted on the Application.

To ensure transparency, DSM Fresh Foods Limited may notify you of such changes by indicating the “last revised” date at the top of this Agreement or by any other appropriate means. The amended Agreement will become effective immediately upon being posted on the Application.

Your continued use of the Application after the amendments are posted shall constitute your acceptance of the updated Agreement, including all changes and modifications contained therein. It is your responsibility to review the Agreement periodically to stay informed about any updates.

Privacy Policy

DSM Fresh Foods Limited is committed to protecting your privacy and ensuring the responsible use of your personal data. We believe in transparency and providing you with clear information regarding how your data is collected, processed, and used.

For a comprehensive understanding of our data handling practices, please refer to the DSM Fresh Foods Limited Privacy Policy, which is hereby incorporated by reference into this Agreement. The Privacy Policy outlines our policies regarding data collection, storage, usage, and your rights concerning your personal information.

Force Majeure

DSM Fresh Foods Limited shall not be held responsible for any delay, interruption, or failure to fulfill its obligations under this Agreement due to circumstances beyond its control. Such events include, but are not limited to, earthquakes, floods, fires, storms, natural disasters, acts of God, war, terrorism, pandemics, lockdown conditions, labor strikes, lockouts, armed conflicts, or boycotts.

Cessation of Operation

DSM Fresh Foods Limited reserves the right, at its sole discretion and without prior notice, to cease the operation of the Application, discontinue the distribution of Products, or withdraw any Offers provided through the Application.

Entire Agreement

This Agreement, including all referenced policies and guidelines, constitutes the entire agreement between you and DSM Fresh Foods Limited. It supersedes any prior agreements, understandings, or communications relating to the subject matter contained herein.

Effect of Waiver

The failure of DSM Fresh Foods Limited to enforce or exercise any provision or right under this Agreement shall not constitute a waiver of such provision or right. Should any provision of this Agreement be deemed unlawful, invalid, or unenforceable by a competent court, the remaining provisions shall continue to be in full force and effect, and the court shall endeavor to give effect to the parties’ intentions as reflected in the unenforceable provision.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from this Agreement will fall under the exclusive jurisdiction of courts in Bengaluru, Karnataka.

Dispute Resolution

In the event of a dispute between you and DSM Fresh Foods Limited, such disputes shall be referred to a sole arbitrator appointed by an independent and neutral third-party arbitral institution chosen by DSM Fresh Foods Limited. Arbitration proceedings will be conducted in Bengaluru, Karnataka, in the English language, and will be governed by the provisions of the Arbitration and Conciliation Act, 1996. This arbitration clause shall survive the termination of this Agreement.

Waiver of Class Action Rights

By accepting this Agreement, you irrevocably waive any rights to join claims with others in a class action or similar proceeding. Any claims arising out of this Agreement must be brought individually.

Termination

DSM Fresh Foods Limited reserves the right to terminate your access to the Application, without prior notice, if it determines, in its sole discretion, that you have breached any of the terms of this Agreement. Upon termination, you will lose all access to the Application, and any pending orders may be canceled. DSM Fresh Foods Limited may take any actions it deems necessary to prevent further unauthorized access to the Application. Provisions of this Agreement that are intended to survive termination shall remain in effect indefinitely.

Use of Application Outside Operating Locations

DSM Fresh Foods Limited makes no representations or warranties that the Application, Products, or Offers are appropriate or available for use outside the Operating Locations.

Assignment

You may not assign or transfer your rights or obligations under this Agreement to any third party. DSM Fresh Foods Limited reserves the right to assign or transfer its rights and obligations under this Agreement without notice or restriction, in accordance with applicable laws.

Severability

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable portion shall be severed to the extent permitted by law, ensuring the overall intent of this Agreement is preserved.

Conflict

This Agreement incorporates by reference the Privacy Policy and any additional terms, guidelines, or policies available on the Application. In the event of a conflict between this Agreement and any other policy or terms, this Agreement shall take precedence with respect to its subject matter, while the policies and guidelines shall govern their respective subject matter. Users are strongly encouraged to read all referenced policies carefully.

Contact Us

For any inquiries, questions, or feedback, please contact:

Zappfresh Corporate Office

4th Floor, Landmark Tower, Plot No-2,

South City 1, C Block, Opposite C-113,

Ashok Marg, Silokhera, Sector 41,

Gurugram, Haryana, 122001

Email: info@zappfresh.com

Electronic Record

This document is an electronic record generated in accordance with the provisions of the Information Technology Act, 2000 and its applicable rules. As such, it does not require any physical or digital signature.