TERMS OF SERVICE

 

These Terms of Service (“Agreement”) apply to the use of website – www.easyfish.in

("Website"), the easyfish mobile application on iOS or Android devices including phones,

tablets or any other electronic device ("easyfish App") and the mobile site -

www.m.easyfish.in ("Msite"); whereas the Website, the easyfish App and the Msite are

together referred to as the "Platform".

For the purposes of this Agreement, wherever the context so requires "you" or "User" shall

mean any person including any natural or legal person who uses the Platform or buys any

product of AG using any computer system or other device including but not limited to any

mobile device, handheld device and tablet and “AG” or “we” shall mean Ananntham Group

 

ACCEPTANCE

AG encourages you to review this Agreement whenever you visit the Platform to make sure

that you understand the terms and conditions governing the use of the Platform and / or the

purchase of Products (defined below). This Agreement does not alter in any way the terms or

conditions of any other written agreement you may have with AG for other products or

services. In the event of any conflict between the terms of this Agreement and any other

agreement executed with you, the terms of such other agreement shall prevail in relation to

the subject matter thereof.

If you do not agree with this Agreement (including any policies or guidelines referred to

herein), please immediately terminate your use of the Platform. If you would like to print this

Agreement, please click the print button on your browser toolbar.

ELIGIBILITY

You hereby represent and warrant that you are at least eighteen (18) years of age or above and

are fully able and competent to understand and agree to the terms and conditions set forth in

this Agreement.

AG reserves the right to terminate your membership and/or refuse access to the Platform, if

you are below eighteen (18) years of age or otherwise incompetent to contract as per

applicable law.

TERMS OF USE

 

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our

Platform, subject to the terms of this Agreement. You agree that you will not violate any laws

in connection with your use of the Platform or interfere with or try to disrupt the Platform.

You understand and accept that all information, data, text, software, music, sound,

photographs, graphics, audio, video, message or other material appearing on the Platform

including the brand name - Easyfish (collectively, “Content”) are owned by AG or it's licensors.

You are expressly prohibited from using any Content without the express written consent of

AG or it's licensors. Except as otherwise stated in this Agreement, none of the Content may be

reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied

in any form or by any means, without the prior written permission of AG, and/or the

appropriate licensor. Permission is granted to display, copy, distribute, and download the

materials on the Platform solely for your personal, non-commercial use provided that you

make no modifications to the materials and that all copyright and other proprietary notices

contained in the materials are retained. You may not, without AG’s express written

permission, 'mirror' any material contained on the Platform or any other server. Any

permission granted under this Agreement terminates automatically without further notice if

you breach any of the above terms. Upon such termination, you agree to immediately destroy

any downloaded and/or printed Content.

You shall not host, display, upload, modify, publish, transmit, update or share any information

on the Platform that —

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

b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,

pedophilic, libelous, 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;

c. harm minors in any way;

d. infringes any patent, trademark, copyright or other proprietary rights;

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

f. deceives or misleads the addressee about the origin of such messages or

communicates any information which is grossly offensive or menacing in nature;

g. impersonates another person;

h. contains software viruses or any other computer code, files or programs designed to

interrupt, destroy or limit the functionality of the Platform;

i. 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.

You agree not to collect information of other users from the Platform or download or copy any

information by means of unsolicited access so as to communicate directly with them or for

any reason whatsoever.

ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS

STRICTLY PROHIBITED.

 

PRODUCTS, ORDERING AND PRICING

AG is currently delivering orders of the products listed on the Platform (“Products”) and

providing various offers mentioned on the Platform (“Offers”) only at select locations in the

cities of Visakhapatnam (“Operating Locations”). We will not be able to service orders at any

place other than the Operating Locations. Any modification in the Operating Locations of AG

shall be mentioned on the Platform.

All 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, and to discontinue Products without notice, even if

you have already placed an order.

We take care to accurately display the description, colors and images of our Products but, we

cannot guarantee nor take responsibility for variations in pictorial representations for the

Products and color variation due to technical reasons. Prices and descriptions of the Products

are subject to change at any time without notice, at our sole discretion.

We shall not be liable to you or to any third-party for any modification in price, suspension or

discontinuance of the Products.

The Platform allows you to place order for Products in standard quantities and the price of

each Product displayed on the Platform is also calculated on the basis of standard quantity of

the Product. However, due to the nature of the Product there may be a variance between the

quantity ordered and the quantity supplied.

We will only charge you for the quantity of the Product that has been supplied to you. In case

the quantity of the Product supplied to you is less than the quantity of Product ordered, any

excess amounts paid by you shall be refunded to you. The mode of refund shall be as

determined by AG from time to time, such as, credit to Easyfish wallet or by crediting any

other mobile wallet that you may use.

In case the quantity of the Product supplied to you exceeds the quantity ordered by you, any

additional amount due from you will be adjusted against your next order.

The Products sold on the Platform are perishable goods. Hence, we recommend that you read

the instructions written on the packaging of each Product carefully, before using such

Product.

Any offers available on the Platform shall be, in addition to this Agreement, subject to the

terms and conditions as may be listed on the Platform in relation to such offers.

AG has proprietary rights and trade secrets in the Products. You shall not copy, reproduce,

resell or redistribute any Product manufactured and/or distributed by AG.

DELIVERY, HANDLING CHARGES AND TAXES

AG may charge such delivery and handling charges, as maybe determined by AG from time to

time along with the applicable taxes.

 

Although AG strives to deliver the orders on time, there may be situations wherein the actual

time taken for delivery of a Product shall vary from the delivery time mentioned at the time of

ordering such Product. AG shall keep you updated about any delays in delivering of Products.

Due to the ongoing Covid-19 pandemic, AG has introduced the feature of contact-less delivery

to safeguard the health of it's customers and delivery partners. This feature is available at an

extra charge of INR 10 per order.

PLATFORM

Intellectual Property and Third-Party Links

AG is the owner of the brand Easyfish and the Platform and has the exclusive right, title and

ownership of any and all intellectual property rights arising out of it's brand and the Platform.

AG may occasionally post links to third party websites or other services on the Platform. You

agree that AG is not responsible or liable for any loss or damage caused as a result of your use

of any third-party services linked to from the Platform.

In addition to making Products available, this Platform also offers information, both directly

and through third-party links, about nutritional and dietary supplements. Such information

available on the Platform is for general use and you may rely on it solely at your own risk. We

will not be liable for any direct, indirect, consequential or other damages arising out of or

connected with the use of this information. Further, for any third-party content displayed or

accessed through the Platform the sole responsibility for such content is of the person/entity

who makes it available.

User Account

To access and use the Platform, you may register with us by providing the required

information. You are responsible for ensuring the accuracy of this information.

You are responsible for keeping your password secure. We cannot and will not be liable for

any loss or damage from your failure to maintain the security of your account and password.

The billing information you provide us, including payment details, billing address and other

payment information, is subject to the same accuracy requirements as the rest of your

identifying information. Providing false or inaccurate information or using the Platform to

further fraud or any unlawful activity is grounds for immediate termination of this Agreement.

By posting, storing, or transmitting any content on the Platform, you hereby grant AG a

perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy,

display, perform, create derivative works from, distribute, have distributed, transmit and

assign such content in any form, in all media now known or hereinafter created, anywhere in

the world. AG does not have the ability to control the nature of the user-generated content

offered through the Platform. You are solely responsible for your interactions with other users

of the Platform and any content you post. AG is not liable for any damage or harm resulting

from any posts by or interactions between users. AG reserves the right, but has no obligation,

 

to monitor interactions between and among users of the Platform and to remove any content

AG deems objectionable, at it's sole discretion.

Reverse Engineering & Security

You agree not to undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software

from or on the Platform;

2. Violate the security of the Platform through any unauthorized access, circumvention of

encryption or other security tools, data mining or interference to any host, user or

network; and

3. Use the Platform for illegal spam activities, including gathering email addresses and

personal information from others or sending any mass commercial emails.

Customer Solicitation

Unless you notify us in writing, of your intention to opt out from further direct and indirect

marketing communications and solicitations, you are agreeing to continue to receive emails,

calls and messages through different mediums for soliciting Products.

Opt Out Procedure

You may choose to opt out from receiving future marketing and solicitation communications

by following the steps below.

1. You may also choose to opt out, via sending your email address to:

talktous@easyfish.in.

2. You may send a written remove request to Ananntham Group, Mr. Anil Kumar K, 2nd

Floor, #45-2-60/58/2, Rama Chandra Nagar, Akkayyapalem, Visakhapatnam, Andhra

Pradesh - 530016.

EASYFISH CASH AND CASH+

AG offers the use of – Easyfish Cash and Easyfish Cash+ to it's Users.

Easyfish Cash

1. You may open a Easyfish Cash account (“Cash Account”) upon successful registration

and creation of a user account on the Platform.

2. The currency used in the Cash Account shall be Indian Rupees (INR).

3. You can top up your Cash Account using the different modes of payment i.e. net

banking, credit cards, debit cards, wallets etc.

4. AG reserves the right to ask for certain information for the purpose of KYC (Know Your

Customer) verification. You are responsible for supplying and ensuring the accuracy of

any such information that may be solicited from you.

5. You hereby authorize us to hold, receive and disburse funds from your Cash Account in

accordance with the payment instructions received from you.

 

6. The amount loaded in your Cash Account can only be used for the purchase of

Products on the Platform. It may be transferred to your bank account upon your

instruction and in accordance with this Agreement.

7. As long as AG remits amounts in your Cash Account to the specified savings account as

instructed by you, AG shall be exempted from any responsibilities pertaining to such

amount. In addition, AG does not take any responsibility as to the accuracy or

effectiveness of the information that has been provided by the you pertaining to such

account.

8. You are not entitled to any interest for the amounts held in your Cash Account.

Easyfish Cash+

1. Easyfish Cash+ is a loyalty program introduced by AG wherein the Users can earn

Easyfish Cash+ by participating in different promotional events.

2. Each Easyfish Cash+ is equivalent to INR 1.

3. Easyfish Cash+ can only be redeemed during checkout for purchasing Products from

the Platform. However, it cannot be used if you have opted for “Easy Checkout”.

4. Redemption of Easyfish Cash+ is valid on orders having a minimum value of INR 500.

However, a maximum of 100 Easyfish Cash+ can be redeemed at a time.

5. Easyfish Cash+ can only be used till it's date of validity. Post it's validity date, it shall

stand expired.

6. Disclaimer:

a. Easyfish Cash+ are issued at the sole discretion of AG under it's loyalty

program;

b. The loyalty program may be withdrawn or altered at AG’s sole discretion;

c. AG has the right to change the terms of the loyalty program at any time; and

d. Easyfish Cash+ cannot be redeemed for cash or transferred to the User’s bank

account.

 

The Cash Account and Easyfish Cash+ is powered by a third-party vendor – Nighatech

Solutions Private Limited (“Nighatech”). The Cash Account and Easyfish Cash+ shall be, in

addition to this Agreement, subject to the terms and conditions as listed by Nighatech and the

applicable laws of India.

DISCLAIMER OF WARRANTIES

Your use of this Platform is at your sole risk. The Platform, Products and offers are offered on

an "as is" and "as available" basis. To the extent permitted under applicable laws, AG

expressly disclaims all warranties of any kind, whether express or implied, including, but not

limited to, implied warranties of merchantability, fitness for a particular purpose and non-

infringement with respect to the Products or Platform, or any reliance upon or use of the

Platform or Products.

Without limiting the generality of the foregoing, AG makes no warranty that the content and

the links to third-party platforms provided on this Platform are accurate, reliable, complete,

or timely.

 

No advice or information, whether oral or written, obtained by you from this Platform will

create any warranty, not expressly stated herein, as to the results that may be obtained from

the use of the Products or that any defects in the Products will be corrected.

LIMITATION OF LIABILITY

The entire liability of AG and your exclusive remedy, in law, in equity, or otherwise, with

respect to the use of Platform, Products, offers and/or for any breach of this Agreement is

solely limited to the amount you paid in last one month from any such claim arising, less

shipping and handling costs and taxes, for Products purchased via the Platform.

To the extent permitted under applicable laws, AG will not be liable for any direct, indirect,

incidental, special or consequential damages in connection with this Agreement or the use of

Platform, Products and offers in any manner, including liabilities resulting from (1) the use or

the inability to use the Platform, Products or offers; (2) the cost of procuring substitute

Products; or (3) any lost profits, loss of goodwill, loss, theft or corruption of user information

that you may allege.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless AG and any of it's contractors, agents,

employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims,

damages, costs and expenses, including reasonable attorneys' fees and expenses, of third

parties relating to or arising out of (1) your violation of any provision of this Agreement

including the breach of your warranties, representations and obligations under this

Agreement by you; (2) your use of the Platform, Products or offers; (3) infringement of any

intellectual property or other proprietary right of any person or entity including AG by you; or

(4) any information or data supplied to AG by you. When AG is threatened with suit or sued by

a third party, AG may seek written assurances from you concerning your promise to indemnify

AG; your failure to provide such assurances may be considered by AG to be a material breach

of this Agreement. AG will have the right to participate in any defence by you of a third-party

claim related to your use of the Platform, Products or offers, with a counsel of AG’s choice at

its expense. AG will reasonably cooperate in any defence by you of a third-party claim at your

request and expense. You will have sole responsibility to defend AG against any claim, but you

must receive AG prior written consent regarding any related settlement. The terms of this

provision will survive any termination or cancellation of this Agreement or your use of the

Platform or Products.

MODIFICATION

AG reserves the right to amend this Agreement at any time, in accordance with applicable law,

by posting such amendments or the amended Agreement on this Platform.

AG may alert you of the amendments by indicating on the top of this Agreement the date it

was last revised or by any other means. The amended Agreement will be effective immediately

after it is posted on this Platform. Your use of the Platform following the posting of any such

amendments will constitute continued acceptance of the Agreement including the

amendments thereof.

 

PRIVACY

AG believes strongly in protecting user privacy and providing you with notice of use of your

data. Please refer to AG’s Privacy Policy, incorporated herein by reference.

GENERAL

Force Majeure

AG will not be deemed in default hereunder or held responsible for any cessation, interruption

or delay in the performance of it's obligations hereunder due to earthquake, flood, fire, storm,

natural disaster, act of God, war, terrorism, pandemic, lockdown conditions, armed conflict,

labor strike, lockout, or boycott.

Cessation of Operation

AG may at any time, in it's sole discretion and without advance notice, stop the operation of

the Platform and/or distribution of the Products and/or the offers provided on the Platform.

Entire Agreement

This Agreement including the policies and guidelines included herein by reference comprise

the entire agreement between you and AG and supersedes any prior agreements pertaining to

the subject matter contained herein.

Effect of Waiver

The failure of AG to exercise or enforce any right or provision of this Agreement will not

constitute a waiver of such right or provision. If any provision of this Agreement is found by a

court of competent jurisdiction to be invalid, the parties nevertheless agree that the court

should endeavour to give effect to the parties' intentions as reflected in the provision, and the

other provisions of this Agreement remain in full force and effect.

Governing Law and Jurisdiction

This Agreement will be governed by the laws of India and shall be subject to the exclusive

jurisdiction of courts in Visakhapatnam, Andhra Pradesh.

Dispute Resolution

If any dispute arises between you and AG during your use of the Platform or thereafter, the

dispute shall be referred to a sole arbitrator, who shall be appointed by an independent and

neutral third party arbitral institution identified by AG. The place of arbitration shall be

Visakhapatnam, Andhra Pradesh. The arbitration proceedings shall be in the English language

and shall be governed by Arbitration & Conciliation Act, 1996.

This arbitration agreement will survive the termination of this Agreement with you.

Waiver of Class Action Rights

 

By entering into this Agreement, you hereby irrevocably waive any right you may have to join

claims with those of other in the form of a class action or similar procedural device. Any claims

arising out of, relating to, or connection with this agreement must be asserted individually.

Termination

AG reserves the right to terminate your access to the Platform without advance notice if it

reasonably believes, in it's sole discretion, that you have breached any of the terms and

conditions of this Agreement. Following termination, you will not be permitted to use the

Platform and AG may, in it's sole discretion and without advance notice to you, cancel any

outstanding orders for Products. If your access to the Platform is terminated, AG reserves the

right to exercise whatever means it deems necessary to prevent unauthorized access of the

Platform. This Agreement will survive indefinitely unless and until AG chooses, in it's sole

discretion and without advance notice to you, to terminate it.

Use of Platform outside Operating Locations

AG makes no representation that the Platform or Products or offers are appropriate or

available for use in locations other than the Operating Locations.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. AG may in

accordance with applicable law assign it's rights and obligations under this Agreement in it's

sole discretion and without advance notice to you.

Severability

In the event that any provision of this Agreement is determined to be unlawful, void or

unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted

by applicable law, and the unenforceable portion shall be deemed to be severed from the

Agreement, such determination shall not affect the validity and enforceability of any other

remaining provisions.

Conflict

This Agreement includes, and incorporates by reference, the Privacy Policy and any other

rules or policies available on the Platform including all other additional or modified terms and

conditions and policies in relation to the Platform or any current or future services that may

be offered by AG. In the event of any conflict between the terms of this Agreement and any

provision of the polices and guidelines available on the Platform, the terms of this Agreement

shall prevail in relation to the subject matter hereof and the terms of such polices and

guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to

carefully read all such policies and guidelines, as available on the Platform.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to

copyright infringement) regarding this Platform.

 

Grievance Officer

The name and contact details of the Grievance Officer are provided below:

Mr. Anil Kumar Karanam

Ananntham Group

Reg Office: 45-2-60/58/2 Rama Chandra Nagar, Akkayyapalem, Visakhapatnam, Andhra

Pradesh – 530016

Email: anilkumar@easyfish.in

Time: Mon - Fri (9:00 - 18:00)

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules

there under as applicable and the amended provisions pertaining to electronic records in

various statutes as amended by the Information Technology Act, 2000. This electronic record

is generated by a computer system and does not require any physical or digital signatures.