Tucci Fresh Retail Private Limited, incorporated under the Companies Act, 2013, with its registered office at R2-146, 1st Floor, M3M Cosmopolitan, Sector-69, Gurgaon, Haryana – 122002 (hereinafter referred to as “Tucci Fresh”, “Company”, “we”, “us”, or “our”) owns and operates the website www.tuccifresh.in and its related mobile application (together referred to as the “Platform”).

For the sake of clarity, Tucci Fresh and the trademark “Tucci Fresh” are exclusively managed by the Company and are not affiliated with or connected to any third-party entities, unless expressly specified.

These Terms of Use (the “Terms”) govern your access to and use of the Platform and the services we provide (the “Services”), which include browsing, purchasing, and receiving delivery of fresh, organic produce and related items.

 

1. Acceptance of Terms

• By visiting, registering on, or transacting through the Platform, you acknowledge and agree to these Terms, which form a legally binding agreement between you and Tucci Fresh.
• Your use of the Platform and Services is also subject to our Privacy Policy, as available online and any other applicable policies published on the Platform from time to time. Together, these documents regulate your rights and obligations in connection with your use of Tucci Fresh.
• If you do not agree with these Terms or the privacy policy, or are unable to comply with them, you may discontinue use of the Platform and Services.
• Tucci Fresh may revise, update, or amend these Terms at any time without prior notice. It is advised to review the Terms regularly. Continued access or use of the Platform after any changes constitutes your acceptance of the updated Terms.
• For the purposes of these Terms, the terms “user(s)”, “customer(s)”, “you”, “your” hereunder refer to any person who visits, accesses, registers, or purchases products via the Platform.

Should you need any clarifications regarding the Terms, please do write to us at tuccifresh.india@gmail.com or call us at +919999955666

2. Definitions

For the purposes of these Terms, unless the context otherwise requires:

1. “Company” / “Tucci Fresh” / “We” / “Us” / “Our” shall mean Tucci Fresh Retail Private Limited, incorporated under the provisions of the Companies Act, 2013, having its registered office at R2-146, 1st Floor, M3M Cosmopolitan, Sector-69, Gurgaon, Haryana – 122002.
2. “Platform” shall mean the Company’s website www.tuccifresh.in, and any other digital interface or channel operated by Tucci Fresh to facilitate the Services.
3. “Services” shall refer to the sale, purchase, and delivery of fruits, vegetables, and related organic produce, as well as all other allied services provided by the Company through the Platform.
4. “Products” / “Produce” shall mean fresh fruits, vegetables, and other natural, organic, or related items offered for sale on the Platform.
5. “User” / “Customer” / “You” / “Your” shall mean any individual or entity accessing, browsing, registering on, or purchasing Products through the Platform.
6. “Order” shall mean a request placed by a User through the Platform for the purchase and delivery of Products.
7. “Account” shall refer to the registered profile created by a User on the Platform to access the Services.
8. “Delivery Partner” shall mean an individual or logistics provider engaged by Tucci Fresh (directly or through third parties) to deliver Products to Customers.
9. “Perishable Goods” shall mean fresh fruits, vegetables, or any other Products with a finite shelf life requiring timely consumption or proper storage.
10. “Grievance Officer” shall refer to the designated person appointed by the Company in compliance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, whose contact details are provided under these Terms

3. Eligibility to Use

1. Legal Capacity: You represent that you are at least 18 years of age and possess the legal capacity to form a binding contract under the Indian Contract Act, 1872, in order to access or use the Platform and place an Order. In the event you are a minor (under 18 years of age), you may access and use of the Platform under the supervision of your parent or legal guardian, who shall be deemed to have accepted these Terms on your behalf.
2. End-Consumer Use Only: The Platform and its Services are provided for the sole purpose of personal, non-commercial, and household consumption of Products. The procurement of Products for the purpose of resale, wholesale, commercial trade, or distribution is expressly prohibited without the prior written consent of Tucci Fresh.
3. Jurisdictional Limitations: The Platform and Services are offered and available exclusively within the territory of India and are subject to the specific serviceable pin codes as determined by Tucci Fresh. Users accessing the Platform from outside India do so on their own initiative and are solely responsible for compliance with their local laws.
4. Right to Deny Access: Tucci Fresh reserves the unequivocal right to deny, suspend, or terminate access to the Platform or Services to any individual at its sole and absolute discretion, without prior notice, if it has reasonable grounds to believe that such individual:

• Fails to meet the eligibility criteria set forth in these Terms.
• Is engaged in bulk purchasing, fraudulent activities, or any misuse of the Platform.
• Has engaged in conduct that is in violation of applicable law or is otherwise detrimental to the interests of Tucci Fresh.

 

4. Account & Registration Obligations

1. Account Creation & User Data: To access certain features and place an Order, User may be required to register for a user account. You agree to provide and maintain accurate, complete, and truthful information during registration, including your name, mobile number, email address, and delivery address. By agreeing to these General T&Cs, you agree to receive communications from Tucci Fresh, including transactional, promotional, and service-related messages, through various channels such as SMS, email, phone calls in compliance with applicable law. You may opt out either by unsubscribing from the ‘My Account’ section or by contacting our customer care through details as provided hereunder.
2. Account Security & Liability: You are exclusively responsible for safeguarding the confidentiality of your login credentials and for restricting access to your device. Any activity originating from your Account shall be deemed to have been undertaken by you. All Orders placed through your Account will be deemed to be authorized by you. You shall be liable for all charges, payments, and other liabilities incurred through the use of your Account. In the event of any unauthorized use, you must promptly notify Tucci Fresh at organicorchard@gmail.com.
3. Single Account Rule: A user is permitted to maintain only a single Account on the Platform. The creation of multiple Accounts for fraudulent purposes or to exploit promotional offers is strictly prohibited and may result in the suspension or termination of all associated Accounts.
4. Prohibited Activities: You agree that you will not use your Account to:

• Misrepresent your identity or submit false information.
• Purchase Products for resale, wholesale, or any commercial purpose without the express written consent of Tucci Fresh.
• Engage in fraudulent, abusive, or any other unlawful activity.
• Compromise the security, integrity, or proper operation of the Platform.

 

5. Scope of Services

1. Nature of Services: Tucci Fresh operates an online marketplace via its Platform, which includes the website at www.organicorchard.in and its related mobile application. This Platform enables Users to browse, select, purchase, and receive delivery of fresh fruits, vegetables, and other organic or naturally sourced produce.
2. Service Continuity: While Tucci Fresh strives to provide consistent and reliable Services, the Company does not warrant that the Platform will operate in a continuous, uninterrupted, or error-free manner. The Services may be temporarily suspended or affected by technical issues, scheduled maintenance, or circumstances beyond the Company’s reasonable control.
3. Third-Party Providers: Tucci Fresh may utilize third-party vendors, logistics providers, or delivery partners to facilitate the procurement, packaging, and delivery of Products. The Company is not liable for any service deficiencies caused by these third parties that are beyond its control, though reasonable care is exercised in their selection and management.
4. Modification of Services: Tucci Fresh reserves the right, at its exclusive discretion, to modify, suspend, or discontinue any feature or aspect of the Services, including Product categories, availability, and delivery options, at any time and without prior notice.

 

6. Products & Availability

1. Product Description: We strive to provide accurate descriptions, specifications, and images of all Products on our Platform. However, the information provided is for a general idea only. Due to the natural and organic nature of the produce, the actual size, shape, weight, color, or appearance of the Products you receive may vary.
2. Freshness and Quality: We make every reasonable effort to source high-quality, organic produce. Please understand that because fresh produce is perishable, there may be natural variations in taste, texture, ripeness, or shelf life.
3. Seasonal and Stock Limitations: The availability of Products depends on seasonal cycles, agricultural yields, and current stock. We cannot guarantee that any specific Product will always be available. If a Product is out of stock, we reserve the right to refuse, modify, or delay your order.
4. Pricing and Weighing: Some Products are listed by approximate weight or unit. The final weight may vary slightly due to the nature of fresh produce. Your final bill will be adjusted to reflect the exact weight supplied, and any price difference (more or less) will be shown on your invoice.
5. Packaging and Labeling: Products are packaged according to industry standards to maintain freshness. Where required, our packaging and labeling will comply with the Food Safety and Standards Authority of India (FSSAI) and other relevant regulations.
6. Errors in Listing: If we find any errors in a Product’s description, availability, or pricing on our Platform, we reserve the right to correct the error and cancel or revise any affected orders. We will notify you of any such changes.

 

7. Pricing & Payment

1. Pricing Policy: All prices for products on the platform are in Indian Rupees (INR) and include all applicable taxes, unless otherwise noted. Due to the nature of agricultural produce, prices may fluctuate based on market conditions, seasonal availability, and supply variations. Tucci Fresh reserves the right to update prices at any time without prior notice.
2. Promotions and Discounts: From time to time, Tucci Fresh may offer promotional discounts, coupons, or loyalty rewards on selected Products or Services. Such offers shall be subject to specific terms and conditions and may be withdrawn at the Company’s discretion without prior notice.
3. Modes of Payment: We accept payments through the following methods:

• Debit/Credit Cards (Visa, Mastercard, RuPay, etc.)
• UPI and Net Banking
• Digital Wallets and Payment Gateways
• Cash on Delivery (“COD”), where available

Please note that the availability of these payment methods may depend on your delivery location, the value of your order, or Company policy.

4. Payment Security: All electronic transactions are processed through secure third-party payment gateways that comply with all applicable laws, including the Reserve Bank of India (RBI) guidelines. We do not store your financial information, such as credit card numbers, UPI PINs, or bank credentials.
5. Failed Transactions: If you experience a failed transaction, incorrect billing, or a double debit, you must contact us immediately at tuccifresh.india@gmail.com or +91 99999 00000. Any refunds will be processed according to our Refund Policy.
6. Right to Refuse Service: Tucci Fresh reserves the right to refuse or cancel any order if a transaction appears to be fraudulent, suspicious, or in violation of these Terms or any applicable laws.

 

8. Order Placement & Acceptance

1. Placing an Order: To purchase Products, User must add them to your cart, provide delivery information, and finish the checkout process on the Platform. Submission of an Order constitutes an offer by the User to purchase the selected Products in accordance with these Terms.
2. Order Confirmation: The Platform will send you a confirmation via SMS, email, or an in-app notification. Such confirmation is only an acknowledgment that the Order has been received; it does not constitute acceptance by Tucci Fresh. A binding contract between User and Tucci Fresh is only formed when we dispatch the Products for delivery.
3. Right to Refuse or Cancel Orders: We reserve the right to refuse or cancel any Order at our sole discretion. This might happen for several reasons, including:
   • Products are out of stock or unavailable;
   • Errors in product description, pricing, or availability;
   • Suspected fraudulent or bulk orders;
   • Delivery location not serviceable;
   • Technical errors on the Platform.
4. Order Modification or Cancellation by User: You may request to modify or cancel your Order within a limited time after placing it and before it’s dispatched. You must make these requests through the Platform or by contacting customer support. We may charge a small fee or deny your request if the Order has already started being processed.
5. Substitution Policy: Since organic produce is seasonal and perishable, some items may be unavailable when we fulfill your Order. In these cases, we may substitute the unavailable item with a comparable product of similar quality and value, unless you have specifically chosen not to receive substitutions.
6. Minimum Order Value: We may set a minimum order value for delivery to certain areas. If so, this will be clearly stated on the Platform during checkout.
7. Bulk or Commercial Orders: We may refuse, modify, or require additional verification for any Orders that appear to be for commercial purposes or resale, as determined by us.

 

9. Delivery & Fulfilment

1. Delivery Timelines: Tucci Fresh aims to deliver Products within the estimated timelines displayed on the Platform at the time of placing the Order. However, all delivery times are approximate and may be affected by factors such as traffic, weather, supply issues, or other operational constraints. Delays in delivery shall not render Tucci Fresh liable for any consequential or incidental losses incurred by the User.
2. Serviceable Locations: Delivery is available only in select areas and pin codes serviceable by Tucci Fresh. Users must confirm availability of delivery services at their location prior to placing an Order. Orders placed for non-serviceable locations may be cancelled.
3. Delivery Attempt & Customer Responsibility: The User shall ensure their availability to receive the Order at the designated delivery address and within the agreed timeframe. If the User is unavailable, Tucci Fresh may attempt delivery with a neighbor, security guard, or at an alternate safe location (if instructions have been provided). Failing this, the Order may be returned, and the User shall bear any associated costs.
4. Contactless & Doorstep Delivery: To ensure hygiene and convenience, Tucci Fresh may adopt contactless delivery methods. Risk of loss or spoilage passes to the User once Products are delivered at the doorstep or to the person nominated by the User to accept the delivery. As Products are fresh and perishable, the User is responsible for timely collection, inspection, and proper storage upon delivery. Tucci Fresh shall not be liable for any deterioration in quality due to delay in receipt, improper storage, or subsequent handling by the User.
5. Delivery Charges: Tucci Fresh may levy delivery charges based on order value, delivery slot, or geographic location. Any applicable charges will be displayed to the User prior to Order confirmation.
6. Failed or Delayed Delivery: Tucci Fresh shall not be liable for failed or delayed deliveries due to:
   • • Incorrect or incomplete delivery information provided by the User;
     • Unavailability of the User at the time of delivery;
     • Force majeure events (as defined herein);
     • Delays attributable to third-party delivery/logistics partners.
7. Proof of Delivery: Delivery may be verified through electronic confirmation (OTP, digital signature, or app confirmation) or by physical acknowledgment. Such proof shall be conclusive evidence of delivery.

 

10. Customer Responsibilities

1. Inspection at Delivery: The User shall promptly inspect the Products upon delivery for correctness, quantity, and apparent condition. Any concerns regarding missing or visibly damaged items must be reported to the delivery partner at the time of receipt or to Tucci Fresh customer care within 24 hours of delivery.
2. Proper Storage & Consumption: As the Products are fresh and perishable, the User is responsible for:
   • • Storing the Products immediately upon delivery in appropriate conditions (e.g., refrigeration where required);
     • Following any specific storage or consumption guidelines provided on packaging or by Tucci Fresh;
     • Consuming Products within their recommended shelf life.
3. Handling of Organic Produce: Organic produce may be subject to natural variations in appearance, size, and texture and may not always resemble images displayed on the Platform. The User acknowledges that Products are grown and supplied without artificial preservatives (to the extent applicable), and therefore may have a shorter shelf life than conventionally farmed produce.
4. Responsibility Post-Delivery: Once Products are delivered and accepted by the User (or their nominee), the responsibility for proper handling, storage, and consumption lies solely with the User. Tucci Fresh shall not be liable for spoilage, deterioration, or wastage arising from delays in receipt, improper storage, or mishandling by the User.
5. Compliance with Instructions: Where Products are accompanied by usage, storage, or safety instructions (e.g., “consume within 2 days of delivery”), the User agrees to comply with such instructions. Tucci Fresh shall not be liable for any issues arising from non-compliance.

 

11. User Conduct & Prohibited Uses

1. Lawful Use: Users agree to access and use the Platform and Services only for lawful purposes and in accordance with these Terms and all applicable laws of India.
2. Prohibited Activities: Users shall not, directly or indirectly:
   • Provide false, misleading, or incomplete information at the time of account creation or placing Orders;
   • Attempt to purchase Products for resale, wholesale, or commercial purposes without prior written consent from Tucci Fresh;
   • Engage in fraudulent transactions or misuse promotions, coupons, or referral benefits;
   • Harass, abuse, threaten, or harm Tucci Fresh staff, delivery partners, or other Users;
   • Interfere with or disrupt the operation of the Platform, including by introducing viruses, malware, or harmful code;
   • Copy, reproduce, modify, or distribute any content from the Platform without authorization;
   • Use automated tools, bots, or scripts to access the Platform or manipulate data;
   • Undertake activities that could damage Tucci Fresh’s reputation, goodwill, or business interests.
3. User Responsibility for Conduct: Users shall be solely responsible for their actions on the Platform and any consequences arising therefrom. Any violation of these Terms may result in suspension or termination of the User’s account and/or legal action, at Tucci Fresh’s discretion.
4. Monitoring of Activity: Tucci Fresh reserves the right, but not the obligation, to monitor User activity on the Platform to ensure compliance with these Terms and to investigate suspected violations.

 

12. Customer Reviews, Ratings & Feedback

1. Submission of Feedback: Users may submit reviews, ratings, comments, suggestions, or other feedback (“Feedback”) regarding Products, Services, or their overall experience on the Platform.
2. Accuracy and Fairness: All Feedback must be truthful, accurate, and based on genuine personal experience. Users agree not to post Feedback that is false, misleading, defamatory, offensive, abusive, or unrelated to the Products or Services.
3. Ownership and License: By submitting Feedback, the User grants Tucci Fresh a perpetual, irrevocable, royalty-free, worldwide, transferable license to use, reproduce, display, publish, adapt, and distribute such Feedback (in whole or in part) for any purpose, including but not limited to marketing, analytics, or improvement of Services, without any obligation to compensate the User.
4. No Obligation to Publish: Tucci Fresh reserves the right, but not the obligation, to review, monitor, edit, or remove any Feedback at its sole discretion, particularly if it violates these Terms, applicable law, or community guidelines.
5. Prohibited Feedback: Users shall not submit Feedback that:
   • Contains offensive, obscene, or unlawful content;
   • Infringes intellectual property, privacy, or publicity rights of others;
   • Is posted in exchange for incentives, discounts, or monetary compensation not authorized by Tucci Fresh;
   • Seeks to manipulate ratings, rankings, or the reputation of the Platform or its Products.
6. Responsibility for Feedback: Users remain solely responsible for the content of their Feedback and may be held liable under applicable laws for any false, defamatory, or unlawful submissions. Tucci Fresh disclaims any responsibility for User-generated Feedback published on the Platform.

 

13. Intellectual Property Rights

1. Ownership of Content: All intellectual property rights in and to the Platform, including but not limited to the design, layout, text, graphics, images, logos, icons, product catalogs, software, source code, and overall look and feel (collectively, “Platform Content”), are owned by or licensed to Tucci Fresh.
2. Trademarks and Branding: The name “Tucci Fresh”, its logo, and all related product and service names, design marks, and slogans are registered and/or unregistered trademarks of the Company. Unauthorized use, reproduction, or imitation of these marks in any form is strictly prohibited.
3. Limited User License: Tucci Fresh grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content solely for personal and non-commercial purposes, in accordance with these Terms. This license does not permit Users to:
   • • Copy, reproduce, republish, or distribute Platform Content;
     • Modify or create derivative works of the Platform or its Content;
     • Use any content, trademarks, or branding for commercial or competitive purposes;
     • Use automated tools (bots, crawlers, etc.) to extract data or content.
4. User-Generated Content: Any content submitted by Users, including reviews, comments, or suggestions, shall remain the intellectual property of the User. However, by submitting such content, the User grants Tucci Fresh the rights specified under Section 12 (Feedback).
5. Violation of IP Rights: Any unauthorized use of Platform Content or infringement of Tucci Fresh’s intellectual property rights may result in suspension of access, legal action, and/or claims for damages under applicable laws, including the Copyright Act, 1957 and the Trade Marks Act, 1999.

 

14. Third-Party Links & Services

1. Third-Party Service Providers: Tucci Fresh may engage third-party service providers for various aspects of its Services, including but not limited to payment gateways, logistics/delivery partners, packaging vendors, and customer communication tools. While Tucci Fresh takes reasonable care in selecting such providers, it does not control or guarantee their performance.
2. Third-Party Links on the Platform: The Platform may contain links to websites, applications, or services operated by third parties. These links are provided solely for User convenience. Tucci Fresh does not endorse, control, or assume responsibility for the content, policies, or practices of any third-party websites or services.
3. User’s Responsibility: If the User chooses to access any third-party links or services, such use shall be governed by the terms and policies of the respective third party. Tucci Fresh shall not be responsible for any loss, damage, or inconvenience caused by the User’s reliance on or interaction with third-party platforms.
4. Payment Transactions: All electronic payments made on the Platform are processed by third-party payment gateways. Users acknowledge and agree that Tucci Fresh is not liable for:
   1. Delays, errors, or failures attributable to payment intermediaries;
   2. Unauthorized transactions arising from User negligence in safeguarding payment credentials;

• Breach of data security at the level of third-party service providers.

5. Disclaimer of Liability: To the fullest extent permitted by law, Tucci Fresh disclaims all liability arising out of or related to the services, content, or conduct of third-party providers accessed through or in connection with the Platform.

 

15. Limitation of Liability

1. General Limitation: To the maximum extent permitted under applicable law, Tucci Fresh, its directors, employees, affiliates, agents, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Platform or the Services, including but not limited to:
   • • Loss of profits, revenue, or business opportunities;
     • Loss of data, goodwill, or reputation;
     • Delay, failure, or inability to use the Platform or Services;
     • Errors, inaccuracies, or interruptions in the Platform.
2. Perishable Nature of Goods: Given the organic and perishable nature of the Products, Tucci Fresh’s liability for quality, freshness, or shelf life is limited to the extent explicitly provided under these Terms. The Company shall not be liable for spoilage, deterioration, or wastage arising from delays in receipt, improper storage, or mishandling by the User.
3. Third-Party Services: Tucci Fresh shall not be responsible for any deficiency, delay, or failure in services attributable to third-party providers, including but not limited to logistics partners, payment gateways, or external websites accessed through the Platform.
4. Cap on Liability: In no event shall Tucci Fresh’s aggregate liability, whether in contract, tort (including negligence), or otherwise, exceed the total amount paid by the User for the specific Order giving rise to such claim.
5. Exclusions: Nothing in these Terms excludes or limits liability for:
   • • Death or personal injury caused by gross negligence;
     • Fraud or fraudulent misrepresentation;
     • Any other liability which cannot be excluded under applicable law.

 

16. Indemnification

1. User’s Obligation to Indemnify: The User agrees to indemnify, defend, and hold harmless Tucci Fresh, its affiliates, directors, officers, employees, agents, and service providers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
   • • Breach of these Terms by the User;
     • Misuse of the Platform or Services by the User;
     • Violation of any applicable law, regulation, or third-party rights (including intellectual property rights);
     • Fraudulent, negligent, or willful misconduct by the User;
     • Submission of false, misleading, defamatory, or unlawful information, including in reviews or feedback.
2. Scope of Indemnity: This indemnity extends to and includes all claims, losses, damages, liabilities, costs, and expenses suffered or incurred by Tucci Fresh in relation to any third-party claims, governmental actions, or regulatory investigations caused by the User’s conduct.
3. Company’s Rights: Tucci Fresh reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by the User, in which case the User shall fully cooperate with Tucci Fresh in asserting any available defenses.
4. Survival: The obligations of the User under this Section shall survive the termination or expiration of these Terms and the User’s use of the Platform.

 

17. Force Majeure

1. Definition: Tucci Fresh shall not be held liable or deemed to be in default for any failure or delay in performance of its obligations under these Terms if such failure or delay is caused by events or circumstances beyond its reasonable control (“Force Majeure Events”).
2. Examples of Force Majeure Events: Force Majeure Events shall include, but are not limited to:
   • • Natural calamities such as floods, earthquakes, fires, or storms;
     • Epidemics, pandemics, or public health emergencies;
     • Acts of God or acts of government, including lockdowns, restrictions, or regulatory changes;
     • War, terrorism, riots, or civil disturbances;
     • Strikes, industrial disputes, or labor shortages;
     • Breakdown of transportation, logistics disruptions, or supply chain interruptions;
     • Power failures, internet outages, or cyber-attacks.
3. Effect of Force Majeure: During the continuance of a Force Majeure Event:
   • • The obligations of Tucci Fresh shall remain suspended to the extent they are affected by the event;
     • Delivery timelines and other commitments may be reasonably extended without penalty;
     • The User shall not be entitled to claim compensation for delays or non-performance caused by such events.
4. Notice Requirement: Tucci Fresh shall make reasonable efforts to notify Users of the occurrence of a Force Majeure Event and its expected duration, where practicable.
5. Termination Right: If a Force Majeure Event continues for an extended period beyond 7days, Tucci Fresh reserves the right to cancel affected Orders or suspend Services without incurring any liability.

 

18. Governing Law & Jurisdiction

1. Applicable Law: These Terms shall be governed by, and construed in accordance with, the laws of India, including but not limited to the Consumer Protection Act, 2019, the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020, as amended from time to time.
2. Jurisdiction: Subject to Section 19 (Dispute Resolution), the courts at Gurgaon, Haryana, shall have exclusive jurisdiction over any disputes, claims, or proceedings arising out of or in connection with these Terms, the Platform, or the Services.
3. International Users: Tucci Fresh currently operates and delivers only within India. Users accessing the Platform from outside India do so at their own risk and are responsible for compliance with local laws. The availability of the Platform outside India shall not be construed as a waiver of this jurisdiction clause.

 

19. Dispute Resolution & Grievance Redressal

1. Amicable Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services (“Dispute”), the User agrees to first attempt to resolve the matter amicably by contacting Tucci Fresh’s Customer Support at:
   • • Phone: +91 99999 00000
     • Email: tuccifresh.india@gmail.com
     • Timings: 0900 – 1900 (IST)
2. Grievance Officer: In compliance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, Tucci Fresh designates the following Grievance Officer for redressal of consumer complaints and concerns:
   • • Name: Mr. Sunder Lal
     • Designation: Grievance Officer
     • Email: tuccifresh.india@gmail.com
     • Address: R2-146, 1st Floor, M3M Cosmopolitan, Sector-69, Gurgaon, Haryana – 122002
   • The Grievance Officer shall acknowledge complaints within 48 hours and redress them within 1 month from the date of receipt, in accordance with applicable law.
3. Escalation & Arbitration: If a Dispute cannot be resolved amicably through Customer Support or the Grievance Officer, it shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by Tucci Fresh and the User. The seat and venue of arbitration shall be Gurgaon, Haryana, and the proceedings shall be conducted in English.
4. Binding Nature of Award: The arbitral award shall be final and binding on both parties and enforceable in accordance with applicable law.
5. Court Jurisdiction: Subject to the arbitration clause above, the courts at Gurgaon, Haryana shall have exclusive jurisdiction over any proceedings arising from these Terms.

 

20. Miscellaneous / General Provisions

1. Entire Agreement: These Terms, along with any other policies referenced herein (including but not limited to the Privacy Policy, Refund Policy, and Disclaimer), constitute the entire agreement between the User and Tucci Fresh with respect to the use of the Platform and Services.
2. Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable under applicable law, such provision shall be severed, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
3. Waiver: No waiver of any provision of these Terms shall be effective unless made in writing and signed by Tucci Fresh. Failure by Tucci Fresh to enforce any right or provision shall not constitute a waiver of such right or provision in the future.
4. Assignment: Users may not assign or transfer their rights or obligations under these Terms without prior written consent of Tucci Fresh. Tucci Fresh may freely assign or transfer its rights and obligations under these Terms to any affiliate, subsidiary, or successor entity.
5. Notices: All notices, communications, or queries under these Terms may be sent to:
   • • Tucci Fresh
     • R2-146, 1st Floor, M3M Cosmopolitan, Sector-69, Gurgaon, Haryana – 122002
     • Email: tuccifresh.india@gmail.com
   • Notices shall be deemed received:
     • Immediately if sent by email;
     • Within 7 (seven) business days if sent by registered post.
6. Relationship of Parties: Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between the User and Tucci Fresh.
7. Survival: Provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, and any other obligations which by their nature are intended to survive termination, shall survive the termination of these Terms.