TERMS AND CONDITIONS

Conditions of Use

Drinkmorningfresh.com (“Website”) is an Internet based portal owned by Healthline Private Limited incorporated under the laws of India, with its office at Bangalore, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made Morning Fresh at its sole discretion and posted on the Website.

Please read these conditions carefully before using the Drinkmorningfresh.com website. By using the Drinkmorningfresh.com website, you signify your agreement to be bound by these conditions.

These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Conditions Relating to Your Use of Drinkmorningfresh.com

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. Drinkmorningfresh.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

Privacy

Please review our Privacy Notice, which also governs your visit to drinkmorningfresh.com, to understand our practices. The personal information / data provided to us by you during the course of usage of Drinkmorningfresh.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations.

E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location.

Access to Drinkmorningfresh.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Licence for website access

Drinkmorningfresh.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Drinkmorningfresh.com. This licence 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 website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Drinkmorningfresh.com.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Drinkmorningfresh.com without express written consent. You may not use any Meta tags or any other “hidden text” utilising Drinkmorningfresh.com’s names or trademarks without the express written consent of Drinkmorningfresh.com. Any unauthorised use terminates the permission or license granted by Drinkmorningfresh.com.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Drinkmorningfresh.com as long as the link does not portray Drinkmorningfresh.com, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Drinkmorningfresh.com logo or other proprietary graphic or trademark as part of the link without express written consent of Drinkmorningfresh.com.

Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Drinkmorningfresh.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
  • to cause annoyance, inconvenience or needless anxiety

Reviews, testimonials, communications and other content

Users of this website may post reviews, testimonials and other content; send communications; and, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Drinkmorningfresh.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Drinkmorningfresh.com violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you

  • grant Drinkmorningfresh.com a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  • Drinkmorningfresh.com has the right to use the name that you submit in connection with such content, if they choose.
    You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Drinkmorningfresh.com, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Drinkmorningfresh.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Drinkmorningfresh.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Drinkmorningfresh.com for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

Claims against Objectionable Content

Drinkmorningfresh.com operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately by writing to us on our contact page. Once this procedure has been followed, Drinkmorningfresh.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

Copyright, authors’ rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Healthline Private Limited or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Healthline Private Limited and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Drinkmorningfresh.com or its software suppliers and is protected by India and international copyright and author’ rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the website without Healthline Private Limited express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Healthline Private Limited express written consent.

Intellectual Property Claims

Drinkmorningfresh.com respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us or follow directions as on our contact pages.

Trademarks

Drinkmorningfresh.com’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Healthline Private Limited. Healthline Private Limited’s trademarks and trade dress may not be used in connection with any product that is not Drinkmorningfresh.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Drinkmorningfresh.com. All other trademarks not owned by Healthline Private Limited that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Drinkmorningfresh.com.

Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.

While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.

Indemnity and Release

You shall indemnify and hold harmless Healthline Private Limited / Drinkmorningfresh.com, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Healthline Private Limited / Drinkmorningfresh.com and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Children

Use of Drinkmorningfresh.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Drinkmorningfresh.com only with the involvement of a parent or guardian.

Communications

When you visit Drinkmorningfresh.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.

Our Details

This website is operated by Healthline Private Limited
you could contact us by visiting: www.drinkmorningfresh.com/contact-us

Notice and Procedure for Making Claims of Right Infringements

Notice Form:

If you believe that your rights are being violated by an item or information on the Drinkmorningfresh.com site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF to the Grievance Officer:

E-mail PDF: info@drinkmorningfresh.in

Subject Line: Claim of Infringement

Or

Healthline Private Limited
IS- 21, KHB Industrial Area
Yelahanka New Town,
Bangalore 560 064

(We will accept a signed PDF via e-mail with the subject line “Claim of Infringement”, unless by prior agreement we have agreed with you for an alternative receipt mechanism).

Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.

Notice Form

Re: www.drinkmorningfresh.com

I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:

Contact information: (a) Your and/ or your company’s name, address, telephone number and contact email address;
Product code (if applicable) and Allegation of Infringed Right: (a) The product code/ number or detailed description of where the information that you claim is infringing your rights is located on the site (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this product. [REPEAT (2) (a-b) as necessary for multiple items.
Include the following statement: “I have good faith and belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law.”
Include the following statement: “I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above.”

Sign the Notice Form.

Conditions of Sale (between Morning Fresh and the Customer)

Please read these conditions carefully before placing an order for any products on the Drinkmorningfresh.com . These conditions signify your agreement to be bound by these conditions.

Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation (or update) is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

Pricing and availability

We list availability information for our products sold on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.All prices are inclusive of VAT unless stated otherwise.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

Health & Safety- should we have health and safety guidelines highlighting alcoholism and binge drinking?

Morning Fresh does not advocate the abuse of alcoholic beverages. It is not the intent of Morning Fresh to promote the misuse of alcohol, alcoholism, hazing, binge drinking or any other form of alcohol abuse or to encourage drinking and driving. Taking Morning Fresh after alcohol consumption does not make it safe for such individuals to operate a motor vehicle. This product does not prevent intoxication, alcohol poisoning, or alcohol abuse. Please drink responsibly. Do not consume alcohol if you are not of the legal age to do so, while pregnant or nursing. This product is not intended to diagnose, treat, cure, or prevent any disease. Consult a healthcare practitioner before use if you are pregnant/ breastfeeding. Discontinue if allergy occurs.

Children

Use of Drinkmorningfresh.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

Communications

When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. Any dispute arising out of these is within the jurisdiction of courts in Bangalore only.

Returns – Return policy should be visible on the e-commerce page with a hyperlink

Please review our Returns Policy, which applies to products sold by us.*[Returns Policy] Any products purchased on our website during a sale, using a promotional code or any discounted rate will not be eligible for refunds. Once orders are placed online and the customer receives the confirmation email, the sale will be considered final. In the case of cancellation, unless the order is cancelled immediately, on the same day as the order is placed, the order will be processed. In the case of receiving damaged or expired goods, Drinkmorningfresh.com will offer a full refund in the form of a coupon code.