Fudday Privacy Policy and Terms of Use
THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
fudday (along with all related data, documentation and content delivered thereby, the “Licensed Application” or “Application”), is licensed to You for use only under the terms of this End User License Agreement (“EULA” or “Agreement”). The terms of this Licensed Application End User License Agreement (collectively, the “EULA” or “Licensed Application” or “Agreement”) apply to Eous Marketplace LLP only and are provided by Eous Marketplace LLP and its global affiliates and related entities (“Eous Marketplace LLP”, “we” or “us”). The purpose of this Licensed Application is to give users to buy food products and promotional products listing on the fudday app. Title to the Licensed Application, including all data and delivered content related to the Licensed Application, belongs solely and exclusively to Eous Marketplace LLP and, shall at all times remain, the property of Eous Marketplace LLP and/or its affiliated companies and licensors. Eous Marketplace LLP reserves all rights not expressly granted to You.
You, an individual or a single company or legal entity and the personnel associated with Your business (collectively, “you” or “Your”), will be granted a limited, non-transferable, non-sublicenseable right to the use the Licensed Application exclusively for your own internal business purposes on any smart phone, tablet, or other mobile computing device (“Mobile Device”) that You own or control. BY CLICKING ON “OK,” “ACCEPT,” “AGREE,” “SUBMIT” OR ANY BUTTON INDICATING ACCEPTANCE OF THE EULA AND/OR BY ACCESSING OR USING fudday, YOU REPRESENT THAT YOU ARE AUTHORIZED TO USE THE APPLICATION AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
A current copy of the EULA and Privacy Statement can be accessed and viewed at any time from the settings page of the app. We recommend that you print and retain copies of the EULA and Privacy for your records. If you do not agree to the EULA, you agree not to use or access the Licensed Application nor are you authorized to do so.
End User License Agreement
Last updated & effective date: April 24, 2021
1. License
Scope of License Grant. Subject to the terms of this EULA, Eous Marketplace LLP grants you a limited, non-exclusive and non-transferable, non-sublicensable right to: (a) download, install and use the Application for your own purpose on any smart phone, tablet computer or other similar mobile device; (b) access, stream, download and use on such Mobile Device the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this EULA.
You may not: (a) copy the Application, except as expressly permitted by this license; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates or any part thereof; (c) move, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time or (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application. If You breach these restrictions, You may be subject to prosecution and damages. The terms of this License may be amended from time to time by Eous Marketplace LLP and will govern any upgrades provided by Eous Marketplace LLP that replace and/or supplement the original Application.
2. Privacy and User Data
By using the Application, or accessing the Site, you agree that you have read and consent to Eous Marketplace LLP’s general data privacy practices as described in Eous Marketplace LLP’s Privacy Statement as Eous Marketplace LLP may modify from time to time. You may access and view the Privacy Statement at any time from the .
You acknowledge that when you download, install or use the Application, Eous Marketplace LLP may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about yourself with others. All information Eous Marketplace LLP collects through or in connection with this Application is subject to Eous Marketplace LLP’s Privacy Statement . By downloading, installing, using and providing information to or through this Application, You consent to all actions taken by Eous Marketplace LLP with respect to Your information in compliance with the Privacy Statement.
The fudday app auto reads your SMS only that comes from the fudday server when you click forgot password, for referral programs when you click on Share your Invite Code you will share that friend's mobile number with Eous Marketplace LLP, and you can contact Eous Marketplace LLP through phone call by clicking on Contact fudday.
fudday is a food delivery app so we required your name, mobile, email and address information for delivering food at your door step. For collecting address information the app has a feature Use My Current Location, for this you have to enable location service feature on your mobile. fudday is neither tracking your live location nor tracking you while app is in background. fudday has a reference program feature in the app so that you can invite your friends to the app and earn extra discount, for this feature we required to read your contact list and need to check already existing fudday users, so you can only invite non fudday users to the app.Your information is not shared with any third party.
3. Term and Termination
The term of this Agreement commences when You download/install the Application and will continue in effect until terminated by You or Eous Marketplace LLP. You may terminate this agreement by deleting the Application and all copies thereof from Your Mobile Device. Eous Marketplace LLP may terminate this Agreement at any time without notice, if Eous Marketplace LLP ceases to support the Application, which Eous Marketplace LLP may do in its sole discretion. Your rights under this License will also terminate automatically without notice by Eous Marketplace LLP if You fail to comply with any terms of this License. The following provisions will survive the termination of this License for any reason.
4. Confidentiality
Eous Marketplace LLP may disclose to You select business and technical information through the Application. Confidential Information shall mean any and all non-public, commercially proprietary or sensitive information or materials belong to, concerning, in the possession of or provided by Eous Marketplace LLP through this Application. Confidential Information shall be held by You in strict confidence and will only be used by You for Your internal business purposes in accordance with the scope of this License. You will not disclose any Confidential Information to any third party unless that information (1) was already in the public domain other than by breach of this License; (2) such Confidential Information was already known to You from a source other than Eous Marketplace LLP; (3) Eous Marketplace LLP authorizes You to disclose such Confidential Information and (4) You can document that Confidential Information was independently developed by You and that you did not have prior access to such Confidential Information.
5. Indemnification
UPON Eous Marketplace LLP REQUEST YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE Eous Marketplace LLP PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS BROUGHT AGAINST IT BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATED TO YOUR (A) USE OF THE APPLICATION, (B) VIOLATION OF THIS LICENSE AGREEMENT, OR (C) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHTS. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Eous Marketplace LLP in connection with or arising from any such claim, lawsuit, action, demand or other proceeding. Eous Marketplace LLP may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with Eous Marketplace LLP in asserting any available defences.
6. Warranties
You expressly acknowledge and agree that the use of the Licensed Application, services and Confidential Information is at Your sole risk. You further acknowledge that the use of the Licensed Application, services and Confidential Information are provided “AS IS” and “AS AVAILABLE” with all faults and without warranty of any kind and Eous Marketplace LLP disclaims all warranties and conditions with respect to the Licensed Application, services or Confidential Information. Eous Marketplace LLP further disclaims any express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose, accuracy and non-infringement of third party rights. Eous Marketplace LLP does not warrant against interference with Your use and enjoyment of the Licensed Application, services or Confidential Information. Eous Marketplace LLP does not warrant that the Licensed Application will meet your requirements or demands or that Services will be uninterrupted or error-free, or that defects in the Licensed Application, services or Confidential Information will be corrected. No oral or written information or advice given by an authorized Eous Marketplace LLP representative shall create a warranty. In the event the Licensed Application, services or confidential information prove defective, You assume the entire cost of all necessary servicing, repair or correction.
7. Limitation of Liability
IN NO EVENT SHALL Eous Marketplace LLP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
8. Export Control
You may not use or otherwise export the Licensed Application, services or Confidential Information except as authorized by the laws of the India and the laws of the jurisdiction in which the Licensed Application, services or Confidential Information was obtained. You may not export the Licensed Application, services or Confidential Information (a) into any India embargoed country or (b) to anyone on the Indian Department of Commerce Denied Person’s List or Entity List. Your use and continued use of the Licensed Application, services and Confidential Information represents and warrants that You will not violate any such laws and that You are not located in any such country or on any such list.
9. Product Description
Eous Marketplace LLP, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
10. Governing Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Cochin.
11. Entire Agreement
This License Agreement constitutes the final and complete expression of their agreement between the parties on the subject matter hereof, and supersedes any and all prior and contemporaneous agreements and understandings. No other agreements, oral or otherwise, on the subject matter hereof shall be deemed to exist or to bind any of the Parties. Eous Marketplace LLP has the right at any time to change or modify this License, or to impose new conditions, including, without limitations, adding fees or charges for use. You must regularly review the License for updates and modifications. Your continued use of the Licensed Application after the modified License is posted constitutes your acceptance of the modified License terms.
12. Assignment
You may not assign this Agreement or any other rights or obligations herein, including by change of control, merger, operation of law or any other manner, without obtaining express written consent of Eous Marketplace LLP. Any attempted transfer in violation of this section is void.
13. Severability
If any part of this License is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity or enforceability of the remainder of this License, unless the License so construed fails to meet the essential business purposes of the Parties as manifested herein. Whenever possible, each provision of this License shall be interpreted in such a way as to be effective and valid under applicable law. If a provision is prohibited by or invalid under applicable law, it shall be ineffective only to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this License.
14. Relationship
Nothing in this License shall be construed to imply that You or any of Your officers, employees or agents, is an employee of Eous Marketplace LLP for any purpose. Nothing herein is to imply an agency, joint venture or partner relationship between the parties.
15. Access
If Eous Marketplace LLP has reason to believe that Your account is no longer secure, Eous Marketplace LLP reserves the right to deny You access to the Licensed Application. You are responsible for maintaining the confidentiality of your username and password, and You are entirely responsible for any and all activities including information provided or received through Your account. You agree to take all necessary precautions to prevent misuse and unauthorized access to the Licensed Application or Confidential Information.
16. Business / Assets Sale or Transfers
Eous Marketplace LLP may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Eous Marketplace LLP entity will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Eous Marketplace LLP entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
17. Eous Marketplace LLP Marks
You shall not use in any advertising, promotion, marketing or other activity any name, trade name, trademark, service mark or other Eous Marketplace LLP designation except upon prior written consent of Eous Marketplace LLP. Should you have any questions concerning this License, write to
Eous Marketplace LLP
3rd Floor, VM Plaza,
Palarivattom, Kochi,
Kerala - 682025.
admin@eousmarketplace.com