Terms & Conditions
Effective Date: August 1, 2020
Welcome to Sabzi Mangao Dot Com!
Our mission is to bring delicious, fresh, and affordable food to people everywhere at a scale that creates positive and lasting impact. We operate the website www.sabzimangao.com where users can purchase produce, packaged goods, other food items, merchandise, any other items we offer for sale, and all related services and promotions (collectively, “Products”). We use the word “Website” in these Terms of Service to refer to any and all websites owned or operated by Sabzi Mangao(www.sabzimangao.com) through which access to our Products are available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website to sale and delivery of Products are collectively referred to herein as the “Services.” As used in these Terms of Service, the terms “Sabzi Mangao,” “we” and “us” refer to Sabzi Mangao Dot Com.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND SABZI MANGAO DOT COM RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
It’s really important that you read and understand these Terms, so to encourage you to read to the end,)
- An Important Note About Food Safety and Allergens
You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, cooking, use, and consumption of the Products. We cannot currently accommodate any modification due to allergies, and thus do not guarantee that your order will be free from any allergens. You are solely responsible for knowing about and monitoring any food allergies you may have, and handling, preparing, using, and consuming any Products accordingly. We cannot guarantee that cross-contamination will not occur between Products.
We attempt to display accurate images of the Products on the Website; however, we do not guarantee the accuracy of such materials and information. The appearance, colour, size, condition, and other characteristics of each Product will vary from product to product. Images on the Website are examples only.
- Amendment of The Terms
We regularly review the Terms to make sure they accurately reflect our business operations. As such, Sabzi Mangao Dot Com reserves the right to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by email or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, in case if you don’t receive an email or update you may visit term & conditions link available in footer of our website (www.sabzimangao.com) before using or ordering. you are affirming that you agree to be bound by the amended Terms.
- Modifications and Updates to the Websites and Product offerings
Sabzi Mangao Dot Com reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Products, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Website content at our sole discretion at any time without prior notice to you.
You agree that Sabzi Mangao Dot Com has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
- Your Account
- Account registration. While the Website is publicly available, you must register for a user account before you are able to access certain areas of the Website or order Products or sign up for a subscription. You may register for an account directly via the Website.
You may not register for an account on behalf of any person (other than yourself). No person may have more than one active account at any given time.
- Account set-up. Your account and account profile page will be created based upon the information you provide to us. In order for us to provide you with the best possible service, you agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use a strong password (passwords that use a combination of upper and lowercase letters, numbers, and symbols).
You should not disclose your username or password to any third party, and you agree to immediately notify Sabzi Mangao Dot Com of any unauthorized use of your account. You will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions.
- Account suspension and deactivation. We may, in our discretion, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason. We may do this if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. Any discount, referral, or coupon codes associated with such accounts will be deactivated. We also reserve the right to cancel accounts of users who fail to comply with the Terms, including the terms and conditions regarding user conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If your account is deactivated or suspended, Sabzi Mangao will have the right, but not the obligation to delete your information.
If Sabzi Mangao has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Sabzi Mangao’s reasonable satisfaction.
- Prices and Payment
- Prices. You acknowledge that the amount billed may vary due to promotional offers, the particular Products in each delivery changes, you make to your subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription. We also give some offers in different products. We are also in sole discretion to change the price and offer of the products as per the demand.
Payment Gateway & Handling: If in case the deduction of payment is done through your bank account & your order has not been placed because of network issues, slow connection, internet disconnection, site down or any such condition where your order number is not generated then your payment will be reversed into you account in next 4-7 business days from your bank. If applicable you need to contact your bank with reference number of deduction (you will get it in your passbook). In any such issue Sabzi Mangao Dot Com has no liability for the transaction process unless it is not getting confirmed by the bank.
Wallet: Sabzi Mangao Dot Com website comes with a wallet features to all the customers. You can recharge & manage your wallet from “my account” menu. All the refunds, Cash back & Other wallet recharge offers will be directly credited to your wallet available in our site. Here word “Wallet” only refers to Wallet which is provided to you in my account menu by Sabzi Mangao Dot Com. Other third-party wallets (like Paytm wallet, free charge wallet or other such wallets) are not managed by us and we don’t have any control on it. No cash back offers will be credited to third-party wallets except the wallet or bank itself giving a cash back offer for their wallet / account.
- Products, Orders, Return and Refunds
A reference to a Product on the Website does not imply or guarantee that it is or will be available at the time of your order.
We attempt to display images of the Products on the Website as accurately as possible. However, we do not guarantee the accuracy of such materials and information. The appearance, colour, size, condition and other characteristics of each Product will vary from product to product. Images available on the Website are examples only.
All of our 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, to discontinue offering certain Products and to substitute Products without prior notice. You can send us cancellation request through order tab available in my account menu before 8.30 PM(for daily / single orders).
All orders of merchandise and other food items are non-refundable. The Return / Refund will only be process in certain conditions through Sabzi Mangao Dot Comwhen the product which you received is rotten, not edible or outdated products. To claim return / refund request you need to contact us through Email on firstname.lastname@example.org or WhatsApp on +918530023111. You need to send us the images of received goods as soon as you receive your order and mention few details like your mobile number, order id and defective product name and issue description. We will verify the details provided by you and our team will solely decide whether to process the refund or return or decline your request. Apart from above mentioned condition Sabzi Mangao Dot Com will not entertain any such refund/ return request. Sabzi Mangao Dot Com has rights to decline any such request without prior notice.
Check the FAQs page of the Website to see where we deliver the products
You agree to pay any delivery and handling charges shown at the time you make a purchase. All Products should be delivered to you personally and are not for resale or export purpose.
You will have the opportunity to select a preferred delivery day, but note that the day is an estimate only, and that your actual delivery date may vary. Any person at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
If you are not at home when your delivery arrives, the delivery boy will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. You should plan for immediate and proper storage of your products upon delivery.
You are responsible for inspecting all Products for any damage or other issues upon delivery. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable products after the delivery.
- Communicating with Us
We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Emails and other messages you send to or receive from Sabzi Mangao Dot Com are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information or any other sensitive information by email or other electronic means (such as a web form) or through our social media channels, you do so at your own risk. By emailing us, messaging us on social media, completing a web form, or requesting that we email you, you consent to receiving unencrypted email and other unencrypted messages from us.
You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Information About the Our Website
License to use. Subject to your compliance with the Terms, Sabzi Mangao Dot Com grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, for your own personal use, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Sabzi Mangao Dot Com, in the manner permitted by the Terms.
- User Conduct Guidelines
Any time you access or use the Website, you are required to comply with our user conduct guidelines, as set forth below.
You agree that you will access and use the Website and Products for your personal use only. We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. We can only permit the children who are under 18 years of old to use this website or to order the products from SMDC only under the observation of parents/guardians
You are not authorized to access or use the Website to:
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our service.
- resell or make any commercial use of the Service or any of the Service content.
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks (as defined below), in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
- use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.
- harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.
- bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.
- probe, scan, or test the vulnerability of any system or network of Misfits or its providers, or breach or circumvent any security or authentication measures of such system or network
- run any form of auto-responder or “spam” on the Services.
- otherwise abuse the Website or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Sabzi Mangao Dot Com. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Sabzi Mangao Dot Com or its affiliates for any purpose whatsoever, including developing, improving and marketing products.
- Third-Party Terms
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that is not responsible or liable for
- the availability, terms or practices of such websites, resources or services, or
- (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date.
- Links to such websites, resources or services do not imply any endorsement by Sabzi Mangao Dot Com of such websites, resources or services or the content, products or services available on or through such websites, resources or services.
- You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
- Warranties, Disclaimers, Limitation of Liability, and Indemnification
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, SABZI MANGAO DOT COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY IMAGES OF THE PRODUCTS ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE APPEARANCE, COLOR, SIZE, CONDITION AND OTHER CHARACTERISTICS OF EACH PRODUCT WILL VARY FROM PRODUCT TO PRODUCT. IMAGES AVAILABLE ON THE WEBSITE ARE EXAMPLES ONLY.
A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
- Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE SABZI MANGAO DOT COM AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
WITHOUT LIMITING THE FOREGOING, SABZI MANGAO DOT COM DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL SABZI MANGAO DOT COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SABZI MANGAO DOT COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE SABZI MANGAO DOT COM FROM AND AGAINST, AND COVENANT NOT TO SUE SABZI MANGAO DOT COM FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS.
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold Sabzi Mangao Dot Com its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Website.
- Obligation to defend
You agree that, at Sabzi Mangao Dot Com’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Sabzi Mangao Dot Com may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Sabzi Mangao Dot Com (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
- No implied indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
- Governing Law
No matter where you’re located, the laws of the State will govern the Terms and the relationship between you and Sabzi Mangao Dot Com as if you signed or otherwise agreed to the Terms, without regard to conflicts of laws &rules. If any provisions of the Terms areinconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent.
- Dispute Resolution
Generally. You and Sabzi Mangao Dot Com agree that every dispute arising out of or in connection with the Terms or your use of the Services will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SABZI MANGAO DOT COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The Terms constitute the entire and exclusive understanding and agreement between you and Sabzi Mangao Dot Com regarding your access to and use of the Products and the Website, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Sabzi Mangao Dot Com and regarding the subject matter hereof.
You cannot assign, transfer or sublicense the Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. No waiver granted in any instance shall constitute a waiver in any other instance.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.