Terms & Conditions
This website is operated by Fresh World Australia (henceforth referred to as “the Concern”). The Terms and Conditions and all applicable Policies (as defined below), which are herein incorporated by way of reference, govern your rights and obligations as a User of the www.freshworld.com.au (henceforth referred to as “the Website”) while accessing and using the platform and/or availing the Services.
Please read these Terms and Conditions, and Policies carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
User Agreement
This Agreement sets forth the terms and conditions that apply to the use of the Website by the User. By using this Site, the User agrees to comply with all of the terms and conditions hereof. This User Agreement contains policies, terms and conditions, agreement, and rules and regulations applicable to any user who may access or use www.freshworld.com.au, including any sub domains, webpages or extension of the website and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website.
Right to Amend: Fresh World Australia reserves the right to change this Website and/or alter the terms and conditions of this User Agreement from time to time and retains the right to deny access to anyone who the Concern believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/terms shall be effective from the time that the Concern posts the same on the Website.
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by Fresh World Australia Terms and Conditions, Fresh World Australia Policies for Sellers, Fresh World Australia Privacy Policies, and Fresh World Australia Shipment and Refund Policies.
Definitions
User Eligibility
The services from the Fresh World Australia site may be availed only by persons who are competent to enter legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Fresh World Australia Platform. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
User is any person using the Services and/or the Indirect Services on behalf of a proprietor/partnership/ firm/Concern. The user represents and warrants that he/she is duly authorized to accept the Terms and Conditions and the Policies for the User.
Buyer is any person who is a user of www.freshworld.com.au and who buys a merchandise from the Site by accepting the Terms and Conditions, and the Policies of the Concern.
Payments
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid by the buyer through the Payment Gateway system. Fresh World Australia utilizes the Payment Gateway Facility. The customers can choose either net banking or credit/debit cards for making payments.
Cash on Delivery (COD) is also available on selected products to destinations identified by pin codes, and with a minimum shipping charge. Cash on Delivery means a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Concern in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. Cash on Delivery facility shall not be available for Delivery of items outside India. For more insight, you may also read Fresh World Australia’ s Payment Policy.
Despatch/Despatched shall mean that the items, for which a Transaction Price has been paid by the buyer or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Concern, have been freighted by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
Despatch Details means the true, accurate and valid data, information, details or documents as specified by the Concern from time to time, which the seller/Logistics Partner is obligated to provide to the Concern [on the Website] as proof that the item has been Despatched and/or Delivered, as the case maybe.
Delivery/Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Concern) by the Fresh World Australia/seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Concern or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking/financial information.
Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/debit/cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
Logistics Partner means logistics and courier Concern appointed by the Concern that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Concern may require.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed on the Website.
Transaction Price means the price to be paid by the buyer for the items to be purchased for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
Valid Card means any valid credit card/valid debit card/valid cash card or any other card of whatsoever nature issued by Visa or MasterCard or Maestro and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic/online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
Payment Gateway Facility means the automated electronic payment or collection and remittance facility provided by the Concern to Buyers and Sellers to facilitate purchase and sale of items and making payments there for on the Website directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Concern, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.
You agree that your sole purpose of registering or using the Website is to buy or sell merchandise or products as may be specifically notified by the Concern on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Concern has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Concern reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
Seller Registration: To be eligible to sell items on the Website, the User is required to separately register with the Website of the Concern and Payment Gateway Facility. The seller shall provide complete details of the Seller Bank Account as a part of the Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account.
Buyer Registration: Onetime registration as User by providing the email ID, is required for purchase of any merchandise from our site. The Payment Gateway Facility is available to buyers who hold a Valid Card or Valid Bank Account.
Electronic Communication: The Concern communicates with the User through electronic means. You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Concern. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Concern is through electronic records and you consent to receive communication from the Concern via electronic records, which will be deemed adequate service of notice/electronic record.
Terms of Use
The Users understand and agree that the Concern and the Website merely provide hosting services to its Users who access the Website for purchase and sale of the products that are notified in the Website and that are permitted to be bought and sold under applicable law. You also give permission to the Website and the Concern to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Concern or the Website to do so.
The membership on the Website is free and the Concern does not levy any charges/fees for browsing or buying on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by the Concern through the Website such as packing, warehousing, courier, etc., the Seller will be charged Facility Charges incorporated herein by reference. The Concern reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Concern at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services. Changes to the User Agreement or any of the rules and policies of the Concern shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
You are responsible for paying all charges/fees associated with the use of the Website and shall be liable to pay all applicable taxes, charges, cesses etc. which may be levied. All fees/charges shall be quoted in Indian Rupees and shall be payable to Fresh World Australia within such time as specified in the invoice. In case of any non-payment, the Concern reserves the right to issue a warning or temporarily/indefinitely suspend or terminate your membership with the Website and disallow access to the Website. The Concern also reserves the right to take any legal action against you in case of any non-payment of charges/fees to the Concern.
If you buy anything on the Website, you agree to also comply with the terms and conditions set out in the Policy for Users incorporated herein by reference.
If you propose to sell any product on the Website, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.
The Concern will have the right to appoint any third party service provider, including but not restricted to one or more of the Concern’s affiliate to provide backend operations and support as instructed by the Concern from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
The Concern neither originates nor transmits any communication/information on behalf of any User nor does it modify the contents of any communication transmitted. The Concern has no control over third parties and contents generated by the Users on the Website.
The Concern is not responsible for information provided by you to the Concern or submitted on the Website or provided or displayed to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication. For all such acts you shall be solely responsible and the Concern or the Website merely is a platform where such information is distributed, published, displayed, or used by Users. The Concern or the Website is not liable for accuracy, appropriateness, or legality of such information.
Fresh World Australia has made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
User Obligations
The Users will treat the Website as a mere platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
The Users agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any information or list any information or item 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Impersonate another person or use an anonymous proxy.
Harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; violates any law for the time being in force; deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or involve in any malicious activity that come within the purview of cyber laws that exist from time to time in India and abroad.
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.
Shall not be false, inaccurate, or misleading.
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
May give rise to liability on part of the Website or the Concern or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Concern; and
Link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended in 2008 and from time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website.
In case you choose to provide feedback on the Website, which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/obscene contents.
If there is any violation of the above provisions, the Concern has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Concern accountable for any loss of data in any circumstances.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
In case of any transaction or attempted transaction pertaining to any item listed on the Website, which is violative of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Concern of such violation at freshworldaustralia@gmail.com
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the Website in any manner without the knowledge of and consent fromFresh World Australia. Further, you shall not use the Website to promote your own or any other person’s business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Concern in writing.
You shall not attempt to ‘double dip’ during a dispute by receiving or attempting to receive funds from the Concern and/or its service providers and/or the buyer or seller as the case maybe.
Disclaimers
The Website is only a platform where users may meet and interact with one another for their transactions. The Website or the Concern is not and cannot be a party to or control in any manner any transaction between two users of the Website.
All commercial/contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale.
The Concern is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on the Website. The Users acknowledge that the Concern will not be liable for any damages, interests or claims, etc. resulting from not processing or any delay in processing a Transaction/Transaction Price which is beyond the control of the Concern. The Concern shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
The Concern does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on the Website. In particular, the Concern does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Concern shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
The Concern does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to use your best judgment and independently verify the bona fides of any User that you choose to deal with on the Website.
The Website is only a venue through which Users can reach a larger base to buy and sell unique products. At no time shall any right, title, or interest over the items vest with the Concern nor shall the Concern have any obligations or liabilities in respect of such contract. The Concern is not responsible for unsatisfactory or delayed performance of sellers or damages or delays because of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
The Concern and its suppliers, affiliates and service providers make available the Website and services including the Fresh World Australia Logistics, Payment Gateway facility for electronic payment on an “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Concern specifically disclaims any such warranty. You expressly agree that the use of the Website and the Payment Gateway electronic payment facility is at your own risk.
Indemnification
You agree to indemnify, defend and hold harmless Fresh World Australia subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You release and indemnify the Concern and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. The Concern cannot control the information provided by other Users, which is made available on the Website notwithstanding the Concern’s reasonable efforts in that behalf. You may find another User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Limited liability of the Concern
In no event shall the Concern or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Payment Gateway Facility, services provided by the Logistics Partner or any other services or this User Agreement.
The Concern liability in any circumstance is limited to the amount of charges/fees, if any, paid by you to the Concern. The Concern, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or the Logistics Partner or Payment Gateway Facility will be error free and/or uninterrupted. The Concern provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Concern assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Payment Gateway Facility. Any delay, failure, interruption, or errors in the operation of the Website or the Logistics Partner or Payment Gateway Facility.
Payment
Payments for the items on the Website, at the option of the relevant seller, can be made by way of (i) Payment on Billing which can be made through the Payment Gateway Facility or (ii) Cash on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Concern on the Website in its sole discretion.
For the purposes of buying and/or selling any item listed on the Website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Concern.
You acknowledge and accept that you have specifically authorized the Concern to collect, process, facilitate and remit payments and/or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
In order to enable Users to carry out transactions on the Website, the Concern will in addition to other methods of payment provide an electronic payment facility, i.e. payment Gateway Facility. The payment Gateway Facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/debit/cash card brands and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The payment Gateway Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
The Concern shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Concern’s control (including without limitation actions of Issuing Bank or Nodal Bank or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/remitted by the Concern through the payment Gateway Facility. The Concern neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Concern be liable for any actual or consequential damages arising from any claim of delay.
Breach
Without limiting other remedies that the Concern may pursue, the Concern may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:
You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference.
Any misuse of the Payment Gateway Facility
The Concern is unable to verify or authenticate any information provided by you;
The Concern believes that your actions may cause legal liability to the Concern, other Users, or yourself.
No actions, omissions or decisions taken by the Concern shall waive any rights or claims that the Concern may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Concern. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Concern reserves the right to recover any amounts due and owed by you to the Concern and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Grievance Redressal Mechanism
In case of any grievance, objection or complaint on your part with respect to the Website, other Users, Payment Gateway Facility or the Concern, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at freshworldaustralia@gmail.com provide him with all necessary information and/or documents to enable the Concern/Grievance Officer to resolve the issue.
The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011.
General
The User shall be responsible for obtaining and maintaining computer hardware, telephone and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Concern and you shall have no authority to bind the Concern in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Concern shall be given by email to freshworldaustralia@gmail.com and any notices to you by the Concern shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
In case any clause of this User Agreement or the application thereof to any User or circumstance is deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Concern with respect to the subject matter herein.
The Concern at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Concern assigns this User Agreement on the same terms or such terms that are no less satisfying to you.
All remedies of the Concern under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
Arbitration
If any dispute arises between you and the Concern during your use of the Website or the Payment Gateway Facility or other Fresh World Australia Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or Payment Gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Concern whose decision shall be final. The place of arbitration shall be Noida, Uttar Pradesh, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.