Terms and Conditions
1. Please note that website www.sheffy.com, the android, IOS mobile apps as well as
WhatsApp Platform of Sheffy (collectively referred to as the “Sheffy Platform”) is operated
by Polaris Ventures Pvt Ltd having their address at 101, First Floor, A Block, Naurang
House, 21 KG Marg, New Delhi 11001 (hereinafter referred to as “Sheffy”).
2. These Terms and Conditions (“Terms”) govern the relationship between Sheffy and the
users / visitors who visit / interact with the Sheffy Platform (collectively referred to as
“Visitors / Users”). All Visitors are presumed to have entered into a binding legal
agreement with Sheffy to follow the Terms as laid herein and all other policies of Sheffy,
by visiting / interacting with the Sheffy Platform. Sheffy reserves the right to terminate
access to any or all of the services and usages to Visitors effective immediately upon any
actual or perceived non-compliance or breach of the these Terms. All Visitors agree to
strictly adhere to all terms, conditions, obligations and covenants prescribed herein in these
Terms, including any special warnings or instructions for access or use posted on this
Sheffy Platform.
3. Subject to full compliance of these Terms, Sheffy hereby provides the Visitor with a
limited, non-exclusive, non-transferable license to access and use the Sheffy Platform. The
Visitor may display the Sheffy Platform on their internet browser exclusively for the
purposes of browsing and / or purchasing the products listed on the Sheffy Platform.
4. All Visitors warrant and represent that they are fully capable and legally permitted to enter
into agreements enforceable inter alia in India.
5. Minors and people with unsound minds do not have the legal capacity to enter into these
Terms and are thus, ineligible to visit or transact on this Sheffy Platform.
6. All Visitors confirm and warrant that all information submitted on this Sheffy Platform,
including without limitation, their contact details, payment details, correspondence address
and all other information submitted to Sheffy, is entirely true and accurate.
7. Sheffy reserves all of its rights to change, modify, delete, add or remove all or part of these
terms and conditions, without any requirement of any prior notice. Visitors are advised to
review the terms and conditions from time to time for any updates, modifications or
changes made. Any continued use of the Sheffy Platform thereafter by a Visitor constitutes
the said Visitor’s agreement to all such changed Terms.
8. Sheffy can terminate any of the rights granted by these Terms to any of the Visitor(s),
without any notice and without assigning any reasons thereof.
9. Sheffy is the owner / authorised agent of all the rights, interest and title, including but not
limited to the intellectual property rights, trade secrets, know how, confidential
information, etc in relation to the content hosted on the Sheffy Platform, including but not
limited to, photographic images, text, graphics, audio content, visual content, audio-visual
content, cinematographic work, layout of the Sheffy Platform, sound, illustrations,
software, trade dress, trademarks, patents, and the selection and arrangement thereof
(“Sheffy Platform Content”). The trademarks associated with Sheffy, including but not
limited to the name, logo and other identification marks of Sheffy / its affiliates , are the
exclusive property of Sheffy / its affiliates and no third party is authorised to make any use
of the same without the written permission from Sheffy / its affiliates. Any infringement of
the said rights of Sheffy in the form of copy, reproduction, distribution, transmission via
email or any other electronic means directly or indirectly will be prosecuted according to
the appropriate laws in India for the time being in force.
10. The Users are strictly advised not to infringe any of the rights of Sheffy including but not
limited to the rights in relation to the Sheffy Platform Content. Users shall not indulge in
downloading, copying, or re-transmitting any or all of the Sheffy Platform Content without,
or in violation of, a written license or agreement with Sheffy.
11. The Users are not allowed to alter, change, remodel, or copy or use the Sheffy Platform
Content for personal or commercial purposes or use it for other products and services
without the consent of Sheffy. Any remuneration gained by use of the material monetary or
otherwise is construed as commercial use for the purposes of this clause.
12. If a Visitor uses the Sheffy Platform for any purpose other than the purpose provided for in
here then Sheffy shall immediately revoke the license granted to the Visitor in this
paragraph without any notice to the Visitor.
13. No ownership in any Sheffy Platform Content shall transfer to anyone accessing this Sheffy
Platform and using the Sheffy Platform Content. Visitors shall not remove any copyright or
other proprietary rights notice contained in the Sheffy Platform Content.
14. No Visitor shall engage in any transacting any product or service which are prohibited by
the provisions of any applicable law for the time being in force.
15. All content posted or submitted by a Visitor to this Sheffy Platform, including but not
limited to any data, text, software, ideas, know-how, techniques, questions, graphics,
images, reviews, comments, messages, suggestions shall be treated as non-proprietary and
non-confidential. Sheffy shall have a the royalty free, worldwide, perpetual, irrevocable
and transferable right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivatives from such Visitor submissions in any manner. All
Visitors agree and acknowledge that their Submissions will not be returned and Sheffy may
use these Submissions without payment of any monetary or any other form of
consideration, for any purpose including, without limitation, developing, manufacturing,
distributing and marketing products.
16. The Visitors warrant, represent and confirm that they shall immediately and promptly pay
all costs, charges, expenses, duties and all applicable taxes for all purchases made from
Sheffy, as soon as the same becomes due.
17. A Visitor will be deemed to be liable for fraudulent activities and / or loss of business for
fraudulent reasons if they engage in any one or more of the following activities:
i. Misusing information of a third party or another user;
ii. Refusal to pay for any order with Sheffy;
iii. Provided misleading or false data to Sheffy;
iv. Did not provide legitimate shipping address and postal address;
v. Ordered services using fake address/Email ID and personal information.
18. All Visitors warrant and represent that the entire information furnished at the time of
registration is true and correct and any change in the information provided will be updated
and intimated to Sheffy immediately. Sheffy shall be entitled to act on the basis of the
information provided and seek such further information, clarifications or verifications as it
may deem necessary for granting registration. Such registration may be suspended or
cancelled where Sheffy reasonably believes that any of the provided information may be
inaccurate and such registration will be restored once the Visitor furnishes/ confirms all
information to the satisfaction of Sheffy.
19. All Visitors warrant and represent that they shall always act in accordance with the law and
in good faith.
20. Without limiting the generality of any other provision of these Terms, if a Visitor defaults
negligently or wilfully in abiding by any of the obligations set forth herein, then the Visitor
shall be liable for all the consequential losses and damages that this may cause Sheffy or its
Shefs / affiliates.
21. All Visitors shall, at all times, ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also all applicable laws, rules and regulations (including the provisions of
any applicable Exchange Control Laws or Regulations in Force) and International Laws,
Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited
to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding your use of our service and your listing, purchase, solicitation of offers to
purchase, and sale of products or services.
22. No Visitor shall make any change or alteration to any Sheffy Platform or to any content or
product or services that may appear herein and shall not impair the integrity or operation of
this Sheffy Platform in any way.
23. All Visitors agree and acknowledge that they shall not host, display, upload, modify,
publish, transmit, update or share any information that:
i. is owned by a third party,
ii. infringes any rights, including intellectual property rights, of any third party,
iii. is grossly harmful, obscene, pornographic, or against public morality in any
manner,
iv. is libellous, defamatory,
v. is invasive of another’s privacy,
vi. is hateful, or racially, ethnically objectionable or disparaging,
vii. relates to or encourages money laundering or gambling, or
viii. harm minors in any way;
ix. deceives or misleads the addressee about the origin of any message(s)
x. communicates any information which is grossly offensive or menacing in nature;
xi. impersonates another person;
xii. contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resources;
xiii. threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order,
xiv. is insulting any other nation,
xv. causes incitement to the commission of any cognisable offence,
xvi. prevents investigation of any offence,
xvii. violates any law for the time being in force,
xviii. is otherwise unlawful in any manner whatsoever, etc.
24. All Visitors warrant and undertake that they shall not engage in any of the following action
in relation to the Sheffy Platform and / or Sheffy:
i. Transmitting / creating/ originating any “junk mailing” or unsolicited mass
mailing,
ii. Attempts to gain unauthorised access or exceeds scope of authorised access to
the Sheffy Platform for commercial and other purposes,
iii. Attempts to gain unauthorised access to the personal data of other users for
commercial and other purposes, (iii)
iv. Creating any liability to Sheffy or causing Sheffy to lose (in part or whole) the
services of its ISP’s or any other supplier / vendor,
v. Providing any kind of information on illegal weapons, goods or activities and
violating other user’s privacy and/or creating or facilitating computer viruses.
25. All Visitors are forbidden from reproducing, distributing, displaying, selling, leasing,
transmitting, creating derivative works from, translating, modifying, reverse-engineering,
disassembling, decompiling or otherwise exploiting this Sheffy Platform or any part of the
Sheffy Platform including but not limited to its contents and the products herein, without
the express written permission of Sheffy. All Visitors agree and understand that any such
violation is unlawful in many jurisdictions and that any contravention of law may result in
criminal prosecution for inter alia accessing data unlawfully or without consent, attempting
to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures, attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, “flooding”, “mail bombing” or
“crashing”, forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting, taking any action in order to obtain goods to which the
Visitor is not entitled, etc.Sheffy reserves all its rights to refuse any and all services,
terminate accounts of the Visitor, cancel any orders at its sole discretion, if Sheffy becomes
aware of any violation / breach of any terms of these Terms by the Visitor. If a Visitor
defaults negligently or willfully in abiding by any of the obligations set forth herein, then
the Visitor shall be liable for all the consequential losses and damages that this may cause
Sheffy or its affiliates.
26. Sheffy may cancel the order at any time if the User does not meet the above criteria of
Sheffy and cancel or block the User from using the services and Sheffy Platform
permanently or until further notice.
27. No Visitor shall engage in solicitation and/ or marketing of any other products or services
on the Sheffy Platform.
28. Sheffy is not an expert in Visitors’ intellectual property rights, and thus, we cannot verify
that the users and contributors to the Sheffy Platform have rights to the Content posted by
them. If you believe that any material on the Sheffy Platform infringes upon any copyright
that you own or control, you may file a notification of such infringement with
at:community@sheffy.in.
29. Sheffy may give notice of a claim of copyright infringement by means of a general notice
on the Sheffy Platform, electronic mail to a user's e-mail address and may also remove the
infringing content uploaded by the user.
30. This Sheffy Platform is presented on an “as is” basis. Sheffy has taken all reasonable steps
to ensure that the product descriptions and details are accurate and updated timely. To the
extent permittable, Sheffy does not warrant that the product descriptions, details,
information or other any other content available on this Sheffy Platform would be
completely error free and absolutely accurate, comprehensive, reliable or current. All
products and services provided through the Sheffy Platform are on “as is” and “as
available” basis.
31. To the extent permitted by law, Sheffy shall not be held liable or responsible for any sort of
indirect damage – whether special, punitive, incidental, or consequential damages of any
kind, including lost profit – related to the Visitors’ use of this Sheffy Platform regardless of
the form of action whether in contract, tort (including negligence) or otherwise.
32. Sheffy does not guarantee that the Sheffy Platform will be available constantly or at all or
that the information provided is true, accurate and not misleading. Sheffy and its affiliates
disclaims any guarantee on the colour, size, shape, quality, finish, appearance and
exactness of the products displayed and ordered by the Visitors. All Visitors agree that
Sheffy will not be held liable or otherwise responsible, whether in contract, tort (including
negligence) or otherwise, under any circumstances, for any (i) delays or interruptions to
accessing this Sheffy Platform (ii) interruption of business; (iii) data non-delivery, mis-
delivery, corruption, destruction or other modification; (iv) damages or losses incurred as a
result of any interaction or dealing with any third party links on the Sheffy Platform; (v)
bugs, trojans, viruses, system failures or malfunctions that occur in connection with use of
the site, including by way of any hyperlink to or from third party Sheffy Platforms; (vi) any
inaccuracies or omissions in content or (vii) events beyond our reasonable control.
33. Sheffy makes no express or implied representations or warranties of any kind whatsoever
in connection with these Terms and / or the Sheffy Platform, including but not limited to
warranties of merchantability, non-infringement or fitness for a particular purpose, except
to the extent such representations and warranties are not legally excludable. Sheffy further
disclaims, to the extent permitted by law, all responsibility and liability for accuracy,
sustainability, timelines, performance, completeness and safety or legality of any products
and services displayed on the Sheffy Platform. Though precautions are taken to eliminate
any inaccuracies, however, we cannot guarantee that at no time there shall arise any claim,
title or interest for the products and services displayed on this Sheffy Platform.
34. Sheffy and its Shefs are not responsible for any damages, punitive, incidental, special or
consequential or any other damages arising out of loss for inability to use the products and
services on the Sheffy Platform or for unauthorised access and/or altercation to user’s data
or breach of condition and/or warranties by the manufacturer’s products. Sheffy will not be
held liable for Visitors’ inability to use the Sheffy Platform due to periodic maintenance or
unplanned suspension. The Visitors agree that they are solely responsible for any loss of
data or damage to their mobile or other devices on which the user accessed the Sheffy
Platform due to downloading data from the Sheffy Platform. Sheffy’s liability to the
maximum extent under law is equal to the amount of the value of product or services
purchased by you. Sheffy will not be liable for any dispute or disagreement arising between
users and/or between Visitors and third party.
35. In no event shall Sheffy, its Shefs, affiliates, subsidiaries and their respective directors,
employees, officers, members or agents be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including but not limited to loss
of profit, any hospital expenses or damages arising as a result of consuming the products
from the Sheffy Platform, whether in an action in contract, tort (including, but not limited
to negligence) or otherwise, arising out of or in any way connected with the use of the
Sheffy Platform, including without limitation any damages caused by or resulting from
reliance by user on any information obtained from Sheffy, or that result from mistakes,
omissions, errors, defects, viruses, delays in operation or transmission or any failure of
performance, whether or not resulting from acts of god, communications failure, theft,
destruction or unauthorized access to Sheffy' records, programs or services.
36. In no event shall the aggregate liability of Sheffy, whether in contract, warranty, tort
(including negligence, whether active, passive or imputed), product liability, strict liability
or other theory, arising out of or relating to the use of the site exceed any compensation you
pay, if any, to Sheffy for access to or use of the Sheffy Platform.
37. The Visitors agree and acknowledge that they are accessing the Sheffy Platform at their
own risk and using their own reasonable prudent judgment before entering into any
transactions on this Sheffy Platform.
38. The Visitors warrant, represent, acknowledge and understand that its their responsibility to
ensure that the products ordered by them from the Sheffy Platform do not contain any
allergens or any substances that the Visitor may be intolerant / allergic towards. The
Visitors must inform the Shefs of their allergies / intolerances and Sheffy may take any
steps to minimise chances of such a reaction, however, the Visitor understands that neither
Sheffy nor the Shefs have any responsibility in this regard beyond providing a list of
ingredients to the Visitor so that the Visitor can assess whether the particular food product
would be suitable for it or not.
39. The Visitors agree to defend, indemnify and hold Sheffy harmless for any loss, damages or
costs, including reasonable attorneys' fees, resulting from any third party claim, action, or
demand resulting from any breach by the Visitor of these Terms, the Privacy Policy or any
other policies and terms of Sheffy that shall be deemed to be incorporated in these Terms.
40. The Visitors further agree to indemnify Sheffy for any loss, damages, or costs, including
reasonable attorneys' fees, resulting from any use by the Visitor of software robots, spiders,
crawlers, or similar data gathering and extraction tools, or any other action of the Visitor
which imposes an unreasonable burden or load on Sheffy’s infrastructure. Additionally, all
Visitors agree to indemnify Sheffy and its affiliates against any claim or demand, including
reasonable lawyers’ fees, made by any third party due to or arising in any way out of the
Visitor’s use of this Sheffy Platform, or by any other person using the Visitor’s computer,
of any intellectual property or other right of any person, or as a result of any threatening,
libellous, obscene, harassing or offensive material contained in any of the communications
issued by the Visitor to Sheffy in any mode of communication.
41. These Terms shall remain in effect and valid until terminated by either Sheffy or the
Visitor. Any Visitor can terminate these Terms at any time by discontinuing any further use
of this Sheffy Platform, provided that the Visitor deletes all materials downloaded or
otherwise obtained from this Sheffy Platform. Kindly note that any such termination shall
not affect the Visitor’s obligation of completing the payment for any product purchased
from Sheffy.
42. Termination would not affect the clauses of these Terms that by their very nature would
survive the termination of these Terms such as the provisions dealing with intellectual
property, user content, warranties and representations, clauses pertaining to indemnity,
limitation of liability, etc.
43. If Sheffy terminates these Terms with any Visitor, then the Visitor shall immediately
comply with the termination notice, including, as applicable, by ceasing all use of this
Sheffy Platform.
44. The laws of India shall govern theses Terms and all disputes arising in respect hereof shall
be exclusively referred to the jurisdiction of Courts at Delhi. Any dispute regarding these
Terms, including but not limited to any difference in interpretation or otherwise, between
the Visitor and Sheffy shall be referred to an independent arbitrator who will be appointed
by mutually and his decision shall be final and binding on the parties hereto. The above
arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as
amended from time to time. The seat and venue of arbitration shall be held in Delhi. For
disputes relating to orders outside India, International arbitration rules of Indian Arbitration
and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall
be Mumbai.
45. Without any prejudice to the foregoing, Sheffy shall have the right to seek and obtain any
injunctive, provisional or interim relief from any court of competent jurisdiction to protect
its trade-mark or other intellectual property rights or confidential information or to preserve
the status quo pending arbitration.
46. All Visitors agree and acknowledge that these Terms constitute the complete and exclusive
agreement between Sheffy and the Visitor concerning the Visitor’s use of this Sheffy
Platform, and that these Terms supersede and govern all prior proposals, agreements, or
other communications.
47. Sheffy’s failure to require the Visitor’s performance of any provision hereof shall not affect
Sheffy’s right to require such performance at any time thereafter, nor shall any waiver by
Sheffy of a breach of any provision hereof be taken or held to be a waiver of the provision
itself.
48. If any of the provision(s) herein is held to be unenforceable or invalid under any applicable
law or by any applicable arbitral award or court decision, then such unenforceability or
invalidity of that provision(s) shall not render the remaining provisions of these Terms
unenforceable or invalid as a whole and instead, the Terms shall be modified, to the extent
possible, by treating the provision as of it was not a part of these Terms.
49. If there are any queries or concerns regarding these Terms, please get in touch with us at
community@sheffy.in