Friska Nutrition is committed to protecting our customer’s privacy. Please take the time to review this notice which explains what information we collect about you, how we use it, and your rights. FRISKA NUTRITION is the data controller of the personal data collected via or in connection with Friska Nutrition and any associated App (the “Site”) for any territory whatsoever.
What personal data do we collect about you?
We collect personal data from you when you provide it to us directly and through your use of the Site. This information may include:
Information you provide to us when you use our Site (e.g., your name, contact details, gender, product reviews, and any information which you add to your account profile);
Transaction and billing information, if you make any purchases from us or using our Site (e.g., credit/debit card details and delivery information);
Records of your interactions with us (e.g., if you contact our customer service team, interact with us on social media);
Information you provide us when you enter a competition or participate in a survey;
Information collected automatically, using cookies and other tracking technologies (e.g., which pages you viewed and whether you clicked on a link in one of our email updates). We may also collect information about the device you use to access our Site; and
Other information necessary to provide the Site, for example we may access your location if you give us your consent.
If you also shop in one of our stores, we may combine information you give us in-store (e.g., if you make a purchase or join our mailing list in-store) with the information above.
What do we use this personal data for?
Depending on how you use our Site, your interactions with us, and the permissions you give us, the purposes for which we use your personal data include:
To fulfil your order and maintain your online account.
To manage and respond to any queries or complaints to our customer service team.
To personalise the Site to you and show you content we think you will be most interested in, based on your account information, your purchase history and your browsing activity.
To improve and maintain the Site, and monitor its usage.
For market research, e.g. we may contact you for feedback about our products.
To send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so.
For security purposes, to investigate fraud and where necessary to protect ourselves and third parties.
To comply with our legal and regulatory obligations.
We rely on the following legal basis, under data protection law, to process your personal data:
Because the processing is necessary to perform a contract with you, or take steps prior to entering into a contract with you (e.g. where you have made a purchase with us, we use your personal data to process the payment and fulfil your order).
Because we have obtained your consent (e.g. where you contact us with a query, where you add optional information to your account profile, or if you consent to receive marketing from us).
Because it is in our legitimate interests as an e-commerce provider to maintain and promote our services. We are always seeking to understand more about our customers in order to offer the best products and customer experience. We use information about you to tailor your view of the Site, to make it more interesting and relevant in respect of the products and offers on view.
Our Site may allow you the option of adding additional information to your account profile, such as information about your body type, skin type, hair type, hair condition, training regime, performance goals, height and weight. We treat this information with particular sensitivity, as we understand it can reveal information about your health or ethnicity, for example. You do not have to provide this information to us, and can delete it or update it at any time.
We love to communicate with our customers and so, depending on your marketing preferences, we may use your personal data to send you marketing messages by email, phone or post. Some of these messages may be tailored to you, based on your previous browsing or purchase activity, and other information we hold about you.
If you no longer want to receive marketing communications from us (or would like to opt back in!), you can change your preferences at any time by contacting us (details below, please note we may still contact you with service messages from time to time (e.g., order and delivery confirmations, and information about your legal rights).
You may also see ads for our Site on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to customers who have visited our Site). Where you see an ad on social media, this may because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. In some cases, this may involve sharing your email address with the social network. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third-party websites.
Who do we share this personal data with?
We share customers’ personal data with third parties in the following circumstances:
With other companies in our group of companies, as necessary to operate the Site.
With our suppliers and service providers working for us, e.g., payment processors and delivery companies.
With our professional and legal advisors.
With third parties engaged in fraud prevention and detection.
With law enforcement or other governmental authorities, e.g., to report a fraud or in response to a lawful request.
Otherwise, where we have your consent or are otherwise legally permitted to do so.
Storage and Retention
We use service providers based around the world. Consequently, your personal data may be processed in countries outside of India, including in countries where you may have fewer legal rights in respect of your data than you do under local law. If we transfer personal data outside the INDIAN Economic Area we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate safeguards, in particular the Indian standard contractual clauses. Please contact us if you would like more information about these safeguards.
We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
This Site ensures that data is encrypted when leaving the Site. This process involves the converting of information or data into a code to prevent unauthorised access. This Site follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilised to protect customer data when in transit to and from this Site over a secure communications channel.
Whilst we do everything within our power to ensure that personal data is protected at all times from our Site, we cannot guarantee the security and integrity of the information that has been transmitted to our Site.
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence result in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer / network systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that belongs to another person and to which you do not have any right to; 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or its content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other users of the Website;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the content on the Website or other information available from the Website;
- framing or hotlinking or deep linking any content on the Website.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value; however prices and availability are subject to change without notice. Our promotional offers/discounts are not site wide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless FRISKA NUTRITION, 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 your actions or inactions, which may result in any loss or liability to FRISKA NUTRITION or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim 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.
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
ELIGIBILITY TO USE:
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to affect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances, we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
Our Site is not intended for, and should not be used by, children under the age of 18. We do not knowingly collect personal data from children under 18.
You have certain rights in respect of your personal data, including the right to access, portability, correct, and request the erasure of your personal data.
You also have the right to object to your personal data being used for certain purposes, including to send you marketing. See ‘Marketing’ above, for more details of how to opt-out of marketing.
We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal data, or if you have any questions or concerns regarding your personal data, you should contact us using the details below. You are also entitled to contact your local supervisory authority for data protection.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from FRISKA NUTRITION.
- “We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) for 128-bit encryption through third party gateways and FRISKA NUTRITION plays no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, FRISKA NUTRITION shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third-party gateways and or website. FRISKA NUTRITION shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User’s account and / or information relating to or regarding online transactions using credit cards/debit cards/cash cards/net banking and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.”
above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
- Sending a letter marked to the attention of Grievance Officer, No.001, ground Floor, A Wing, Chandrika Complex, Kalher, Bhiwandi, Thane-421302 or
- Sending an email to firstname.lastname@example.org
HEALTH RELATED INFORMATION:
Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with FRISKA NUTRITION) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all products packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.
SHIPPING AND DELIVERY:
All Products purchased from the Website shall be delivered to the User by standard courier services by FRISKA NUTRITION or on behalf of the respective Sellers through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavour to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
- FRISKA NUTRITION shall not be responsible for any delay in the delivery of the Products. FRISKA NUTRITION shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
- The logistics partner supported by FRISKA NUTRITION will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
- All orders placed from Monday to Friday (excluding public holidays) will have an estimated time of delivery within 7 working days upon confirmation of payment. This could vary with circumstances such as online security checks, shipping restrictions, payment authorization, packing and dispatching of order. An email confirmation will be sent for all orders once received.
- For all international deliveries, the time taken is dependent on our logistics partners and their affiliates. However, rest assured that your order is safely on its way for all international orders, you will need to pay for all import taxes, duties and tariffs (if any) as per your country’s governing laws in order to clear customs.
- An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
- Sometimes, delivery may take longer due to inter alia:
- bad weather
- flight delays
- political disruptions
- other unforeseen circumstances
- In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
- The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
- Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
- However, in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
- No deliveries of the Products shall be made outside the territorial boundaries of India.
- In case a user purchases multiple Products in one transaction, FRISKA NUTRITION may deliver the same together. However, this may not always be possible and shall be subject to availability of stock.
- If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
- FRISKA NUTRITION shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.