Personal Information

Hazel” is a trademark of Ganaay Foods Private Limited, a company incorporated with registrar of companies (ROC) appointed under section 609 of the Companies Act, 2017 with its corporate office at Sai Teja Towers,Flat No.GF-C, D No 20-3/ 1-91,Sri Chaitanya Estate, Ayodhyanagar Vijayawada Krishna AP 520003 IN, The domain name www.hazelicecream.com is owned by the Company.

It is strongly recommended that you read and understand these ‘Terms of Use’ carefully, as by accessing this site (hereinafter the “Hazel App”), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the Hazel App for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Hazel App, each time you access and/or use the Hazel App.

The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Hazel App at any point in time.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at contact@hazelicecream.com.

Services Overview

The Hazel App is a platform for domestic consumers to transact with Franchise Outlet owners, who have been granted access to the Hazel App to display and offer products for sale through the Hazel App. For abundant clarity, the Company does not provide any services to users other than providing the Hazel App as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing.

The Company is not and cannot be a party to any transaction between you and the Franchise outlet owner, or have any control, involvement or influence over the products purchased by you from such Franchise Owner or the prices of such products charged by such franchise outlet sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Hazel App.

Services on the Hazel App are available to only select geographies in India, and are subject to restrictions based on business hours and days of Franchise outlets.

Transactions through the Hazel App may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through the Hazel App.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Hazel App.

However, if you are a minor, i.e. under the age of 18 years, you may use/access the Hazel App under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

The Hazel App is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Hazel App to purchase products from Franchise Outlet, who have been granted access to the Hazel App to display and offer their products for sale through the Hazel App.

The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Hazel App, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Company inter alia uses algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.

License & Access

The Company grants you a limited sub-license to access and make personal use of the Hazel App, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sub – license does not include/permit any resale or commercial use of the Hazel App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Hazel App or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Hazel App or any portion of the Hazel App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. 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 Hazel App or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Hazel App, or any other systems or networks connected to the Hazel App or to any server, computer, network, or to any of the services offered on or through the Hazel App, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information

1. belongs to another person and to which you do not have any right;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

3. harms minors in any way;

4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

5. violates any law for the time being in force;

6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

7. impersonates another person;

8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

10. is misleading or known to be false in any way

Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.

Account & Registration Obligations

All users must register and login for placing orders on the Hazel App. You must keep your account and registration details current and correct for all communications related to your purchases from the Hazel App. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by email or by contacting the customer services team of Hazel App and placing a request for the same.

As part of the registration process on the Hazel App, the Company may collect the following personally identifiable information about you, including but not limited to Name , email address, age, address mobile phone number and other contact details, demographic profile (like your age, DOB, Anniversary, gender, occupation, education, address etc.) and information about the pages on the Hazel App you visit/access, the links you click on the Hazel App, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company which is incorporated in these Terms of Use by reference.

Pricing

The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by Franchise outlet owner. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Hazel App will be sold at a price higher than its MRP (Maximum Retail Price).

Coupons and Promo Codes

From time to time, the Company may at its discretion offer a user promotional codes or special offers or vouchers entitling you to encash the applicable value of such codes/offers/coupons against purchases made on the Hazel App..
Hazel Cashback

These terms and conditions relating to eligibility for Cashback shall be in addition to and not in substitution of or derogation to the terms and conditions governing the use/access of Hazel App.

1. A user shall be entitled to cashback on a specific purchase/order as indicated at the time of checkout of the final order on the Hazel App.

2. No Cashback shall be available for orders which are canceled. Any Cashback offered may be recovered by the Company, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback attributable to the extent of the order refunded. This condition shall apply strictly and notwithstanding the display of cashback on any specific item(s) listed on the Application as an item specific cashback.

3. Cashback shall mean the grant of credit for the amount of eligible cashback, shall be added to the users ‘Promotional/Cashback’ section of his/her ‘CashBack Rewards’ account, and shall in no event imply that the cashback shall be credited to a user’s bank account or card account or refunded in cash at any time..

4. Cashback offers cannot be clubbed with any other offers and cannot be assigned/ transferred to any other person.

5. The Company reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice and from time to time, withdraw/suspend / amend/cancel the Cashback offers, and the terms applicable thereto.

6. Cashback will reflect in a user’s CashBack Rewards’ account within an hour or immediate effect of an eligible successful transaction Cashback credit available is usable only on the Hazel Mobile Application or at the outlet store. No expiry on CashBack rewards and user can redeem it any time. Usually 5% cashback rewards value will be added to user’s account on each transaction final amount. To redeem cashback value is only allowed maximum of 10% on each transaction total bill.

7. Users shall not hold the Company or its group entities, or affiliates, their respective directors, officers, employees, agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses which a user claims to have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and/or on account of any purchase made through the Application, whether with or without Cashback. 8. The Company does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia which are subject to Cashbacks.

9. HAZEL20 is valid only for new users. 20% cashback on your first order in-store only.. Maximum cashback is Rs.200. No min order value required. Cashback will be credited to your CashBack Rewards Account.

Hazel Referral Program:

Rewarding Users:

1. When the ‘referee’ downloads the App and places an order using referral code, he/she will get 20% discount on their order value.

2. When the ‘referee’ makes his/her first transaction on the App, the ‘referrer’ shall receive 20% Hazel Rewards Cashback on this account, but only after the referee’s order is delivered.

Eligibility conditions for ‘referrer’ cashback:

The ‘referee’ shall be eligible to receive the referral reward, if and only if the following conditions are met:

1. The device on which the ‘referee’ downloads the Hazel Delivery App, must not have installed the Hazel App earlier.

2. The Email ID and/or Phone No. through which the ‘referee’ signs-up with Hazel App, must not have been used for signing up with the Hazel App earlier.

3. The mobile number provided by the ‘referee’ for receiving the OTP must not have been used for receiving an OTP for this program earlier.

4. Neither the ‘referrer’ nor the ‘referee’ should install the Hazel App using App Runtime for Chrome, Emulators or Simulators.

5. Only select users are eligible for this program. Those who have received SMS from Hazel can only share the referral code.

6. Hazel reserves the right to roll this program back at any time.

Limiting Conditions:

1. A user can send maximum of 5 referral invitations through this program. However, the maximum amount that can be earned as rewards, through this program, is limited to Rs. 1000.

2. Rewards under this program shall be given in the form of Hazel Rewards Cash.

Usage/redemption of Hazel Rewards Cash will be subject to the following terms and conditions:

1. Hazel Cash can be used only for making a purchase on the Hazel App. These cannot be transferred to a bank account.

2. Hazel Cash cannot be transferred from one Hazel account to another.

3. The Cashback needs to be redeemed within 60 days from the day it is credited to your account. Post that the cashback will expire.

4. Any fraud or abuse concerning the program is subject to reversal of referral reward. A fraud encompasses:

5. If a user is found referring himself using multiple IDs or phone numbers.

6. If a user is found making multiple successful referrals and redeeming his/her referral rewards and then a majority of his/her Referees return/cancel their orders.

7. Any other attempt to take unfair advantage, as deemed by us

8. This program is valid only on the Hazel Delivery Mobile Application (on Android and iOS platforms) and on no other website/mobile application.

Cancellations

As a user, you may cancel an order placed by you before the order enters the “In Preparation” stage. For any permitted cancellations, we will refund payments, if any, made by you under the relevant order within approximately 48-72 hours.

Orders may be cancelled by the Company in any of the following cases: (a) if it is suspected that a customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms of Use/User Agreement, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of the Company including causes for delivery related logistical difficulties. For such cancellations, the Company will refund the payment, if any, made by you under the relevant order within 72 hours.

Further, while precautions are taken to ensure accuracy of product specifications, the details of a product as reflected on the Hazel App may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by third party seller and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and grant credit/coupon for the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on the Hazel App.

We maintain a list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

Returns & Refunds

As the Hazel Ice Cream Café products are freshly made products and ice cream deserts, so no returns shall be accepted unless it is product damage or any delivery issue by company

However, the Company reserves the right of returns or refunds of the Products after the order has been accepted for delivery.

You Agree and Confirm

That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.

You agree to use the services provided by the Company for lawful purposes only, and comply with all applicable laws and regulations while using / accessing and transacting on the Hazel App.

You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.

If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

You are accessing the services made available by the Company and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through the Hazel App.

Before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Hazel App, you agree to be bound by the conditions of sale included in the item’s description without exception.

Notwithstanding the right of the Company on cancellation of the order, any Product in the order may be replaced by the Company in case of unavailability or for other reasons outside the control of the Company, subject to you may refuse to accept such replacement/substitute product. For such cancellations, the Company will refund the payment of the order/product, if any, made by you under the relevant order within 72 hours.

Disclaimers

You acknowledge and undertake that you are accessing the services on the website, mobile and transacting at your own risk and are using your best and prudent judgment before entering into any transactions. The Company make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.

The Company does not make any representation or warranties in respect of the products available on the Hazel App nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Hazel App. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Hazel App or otherwise.

You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Hazel App or otherwise disclosed, submitted or offered in connection with use of the Hazel App (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to:

(i) maintain any Comments in confidence; or

(ii) pay compensation for any Comments; or

(iii) respond to any Comments. You agree that any Comments submitted by you on the Hazel App will not violate the 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 on the Hazel App will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Hazel App. You hereby grant the Company the right to use names 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 you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Hazel App from a third party shall be at your sole risk and expense.

Copyright & Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Hazel App. Access to or use of the Hazel App does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the Hazel App are owned by or licensed to the Company. Any use of the Hazel App or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.

You may not modify, distribute or re-post anything on the Hazel App for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Hazel App. Access to or use of the Hazel App does not authorize anyone to use any name, logo or mark in any manner. References on the Hazel App to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.

Objectionable Material

You understand that by using the Hazel App or any services provided on the Hazel App, 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 Hazel App and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless the Company, 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 a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims 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 this User Agreement.

Limitation of Liability

The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.

It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Termination

This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Hazel App. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Hazel App.

The Company’s right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Hazel App or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Governing & Jurisdiction

The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.

Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.

Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Grievance Policy

In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Hazel App, including those pertaining to breach of the Terms of Use or and other polices are published as under.

Ganaay Foods Pvt Ltd
Antharyami, 8-2-268/v/9. Vivekananda Enclave,
Road No: 2, Banjara Hills, Hyderabad. TS
Email: contact@hazelicecream.com