Terms and Conditions
Welcome to Clearancekart.com
Our mission is to rescue delicious surplus food from getting wasted and to bring delicious and affordable food to people everywhere at a scale that creates a positive and lasting impact. We operate the website www.clearancekart.com where users can purchase produce, packaged goods, other food items, merchandise, any other items we offer for sale, and all related services and promotions (collectively, “Products”). Products are made available through periodic grocery boxes containing Products. We use the word “Website” in these Terms of Service to refer to any and all websites owned or operated by Rescuefood(including the websites currently located at www.clearancekart.com and https://blog.clearancekart.com) through which access to our Products are available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website and sale and delivery of Products are collectively referred to herein as the “Services.” As used in these Terms of Service, the terms “Clearancekart.com,” “we” and “us” refer to Clearancekart.com.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND CLEARANCEKART.COM RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE TERMS, NOR FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
It’s really important that you read and understand these Terms, so to encourage you to read to the end.
1. An Important Note About Food Safety and Allergens
You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, refrigeration, cooking, use, and consumption of the Products. You are solely responsible for inspecting all Products for any damage or other issues upon delivery. We recommend that you use a food thermometer to ensure that the internal temperature of any meat, poultry, or seafood is 40° F or below. If you believe that any Products are not suitable for consumption, do not consume the items.
We recommend that you immediately refrigerate all perishable Products upon delivery and follow Indian law instructions on refrigeration and food safety, and the Indian law instructions on safe food handling. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
We cannot currently accommodate any modification due to allergies, and thus do not guarantee that your order will be free from any allergens. You are solely responsible for knowing about and monitoring any food allergies you may have, and handling, preparing, using, and consuming any Products accordingly. We cannot guarantee that cross-contamination will not occur between Products.
We attempt to display accurate images of the Products on the Website; however, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition, and other characteristics of each Product will vary from product to product. Images on the Website are examples only.
2. Amendment of The Terms
We regularly review the Terms to make sure they accurately reflect our business operations. As such, Clearancekart.com reserves the right to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). We may also, at our option, choose to notify you by email or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.
3. Modifications and Updates to the Websites and Product offerings
Clerancekart.com reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Products, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Website content at our sole discretion at any time without prior notice to you.
You agree that Clearancekart.com has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
4. Your Account
a. Account registration. While the Website is publicly available, you must register for a user account before you are able to access certain areas of the Website or order Products. You may register for an account directly via the Website.
You may not register for an account on behalf of any person (other than yourself). No person or entity may have more than one account unless expressly permitted by Clearancekart.com.
b. Account set-up. Your account and account profile page will be created based upon the information you provide to us. In order for us to provide you with the best service possible, you agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use a strong password (passwords that use a combination of upper and lowercase letters, numbers, and symbols).
You should not disclose your username or password to any third party, and you agree to immediately notify Clearancakart.com of any unauthorized use of your account. You will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions.
c. Account suspension and deactivation. We may, in our discretion, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason. We may do this if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. Any discount, credits, referral, or coupon codes associated with such accounts will be deactivated. We also reserve the right to cancel accounts of users who fail to comply with the Terms, including the terms and conditions regarding user conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If your account is deactivated or suspended, Clearancekart.com will have the right, but not the obligation to delete your information.
If Clearancekart.com has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Clearancekart.com’s reasonable satisfaction.
5. Orders and Cancellation
a. Orders. When you create your account, you may be able to select your preferred delivery day for your orders.
Once your Order has been placed, you will no longer be able to add, remove, or substitute any Products in your Order, and your credit card or payment account associated with your account will automatically be charged on the billing date in the My Account section of your account page.
You will be able to see your shopping window dates, billing date, and delivery date for your next order listed under the “Upcoming Box” section of your My Account page. If you wish to start shopping prior to the start of your next shopping window and place an Order on an earlier delivery date, you may have the option do in your My Account page, which will change your default delivery day to the new weekly delivery day shown on that page. If you elect to change your default delivery day, you will be able to view your new shopping window dates, billing date, and delivery date listed.
b. Cold-Pack Orders. We require that certain of our Products be shipped to you in specialized packaging designed to keep items refrigerator-cold in transit (a “Cold Pack”), and we designate these Products during your shopping experience as requiring a Cold Pack (“Cold-Pack Products”).
We will charge you extra for cold pack orders if necessary.
c. Cancelling or pausing your Orders
You cannot cancel, pause, skip, or alter an Order that you’ve already been charged for, even if that Order hasn’t shipped yet. For more information, please read our cancellation policy.
d. Donating your skipped box. Instead of skipping a box, you can instead choose to donate the value of your box to a food bank through the “My Orders” section of your My Account page. If you select this option, you will be charged for the amount shown on that page and Clearancekart.com will donate the amount of your donation to the needy people or other philanthropic partner we select on your behalf. Electing to donate your box is not considered a tax-deductible charitable contribution.
e. Donating box – You will pay the full price for the value of the bag and clearancekart.com will donate the food to the needy people or other philanthropic partner we select on your behalf.
6. Prices, Payments, and Promotions
a. Prices. You acknowledge that the amount billed may vary due to Promotions, Credits, the particular number and assortment of Products you add to your cart in each Order, and changes in applicable taxes, shipping charges, or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your account.
b. Payment and credit cards. You are responsible for providing Clearancekart.com with valid credit card, debit card or payment account details and for the timely payment of all fees.
If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account. Doing so may temporarily disrupt your access to your account while Clearancekart.com verifies your new payment information. Any change in the chosen payment method will go into effect for the next billing date.
c. Default. If Clearancekart.com is unable to successfully charge your credit card or payment account for fees due, we reserve the right to restrict, suspend access to, or terminate your account and cancel your Order.
d. Promotions. From time to time, Clearancekart.com may offer discounts, coupons, and other promotions to new or existing customers (collectively “Promotions”). Promotions are subject to eligibility criteria and additional terms and conditions (“Promotional Terms”), which will be provided to you at the time you redeem the Promotion or in other communications made available to you. We encourage you read all Promotional Terms carefully. In order to utilize a Promotion, you will be required to create an account with Clearancekart.com and may be required to take other actions as described in the Promotional Terms, such as entering a promotional code on the “Manage Account” section of your My Account page, and your use of any Promotion will be deemed to confirm your agreement to these Terms of Service and any Promotional Terms applicable to the Promotion. Certain Promotional Terms may include a “claim by” date, which identifies the date by which the Promotion must be claimed and applied to your account through the method described in the Promotional Terms, and a “use by” date, which identifies the final date on which your shopping window can close to remain eligible to use the Promotion. Following the expiration or exhaustion of your Promotion, you agree and acknowledge that you will be billed at the standard prices for your future Orders pursuant to these Terms of Service.
Clearancekart.com may determine your eligibility for any Promotion in our sole discretion, and we may use information such as your device ID, method of payment, purchase history, or contact information to determine your eligibility for a Promotion. We reserve the right to revoke any offer, and suspend your access to the Services, if we determine you are not or were not eligible for a Promotion. We also reserve the right, in our sole discretion, to modify or terminate any Promotion, at any time and without notice or liability to you. Without limiting the foregoing, Clearancekart.com reserves the right to withdraw or deactivate any Promotions in the event the applicable promotional code is posted to a third-party website.
Unless otherwise expressly stated in the Promotional Terms, all Promotions are non-transferrable and may be used only by the intended recipient, may only be utilized once, are not redeemable for cash or other property, may not be combined with any other offers or promotions, and are void where prohibited by law.
7. Product availability, Refunds and credits
a. Product availability. A reference to a Product on the Website does not imply or guarantee that it is or will be available at the time of your shopping window or during fulfillment of your Order.
We attempt to display images of the Products on the Website as accurately as possible. However, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition and other characteristics of each Product will vary from product to product. Images available on the Website are examples only.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. Unless Clearancekart.com agrees or states otherwise in writing, all fees and charges are nonrefundable.
b. Refunds and credits. If you discover a quality issue regarding your Order, you must reach out to Clearancekart.com within one day of your receipt of your Order.
Depending on the circumstances, we may in our sole and absolute discretion replace any Product at our expense, provide you a full or partial refund of the purchase price for the Product, or provide you a credit of promotional value intended to be applied to your next eligible purchase from Clearancekart.com (a “Credit”). We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you with a refund, replacement, or Credit, as applicable, at our election.
Credits are subject to any additional terms and conditions described at the time such Credit is provided or as otherwise described under the “Manage Account” section of your My Account page, including any expiration dates. Credits will typically be automatically applied to your account, but certain Credits may require additional action on your part (e.g., entering a coupon code) in order to be applied to future purchases, which will be communicated to you at the time of issuance. Once applied to your account, Credits will automatically be applied to the purchase of your next Order(s) until exhausted or expired.
Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property. Credits only remain available if you maintain a valid account with Clearancekart.com. That means that if you cancel your account, any outstanding Credits associated with your cancelled account will immediately expire. You may only redeem Credits after they are applied to your account. If for some reason you believe there is a discrepancy regarding your Credit balance, please contact us. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
If you purchase a Product as part of a “buy one get one” Promotion, the discount is based on the lowest priced Product, then applied to each Product proportionately. If you receive a refund or Credit for any Product purchased as part of a “buy one get one” Promotion, your refund or Credit will be the discounted amount of that Product.
If you receive a refund or Credit for any Product purchased as part of a discount Promotion, your refund or Credit will be the discounted amount of that Product.
8. Shipping and Delivery
You agree to pay any shipping and handling charges shown in your cart at the time you add the minimum Order value of Products to your cart. All Products should be shipped to you personally and are not for resale or export.
You will have the opportunity to select a preferred delivery day, but note that the day is an estimate only, and that your actual delivery date may vary. Any person at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. You should plan for immediate and proper storage of your products upon delivery.
9. Referral Program
Our referral program rewards our customers for spreading the word about Clearancekart.com. Each time a new customer uses your unique referral code (“Referral Code”) at checkout, you’ll both receive a special offer. You can learn more about our referral program. If you participate in our referral program by sharing your Referral Code, you’re subject to the following terms and conditions.
A “Qualified Referral” is a purchase made at www.clearancekart.com by a new customer who arrives at our website by using your Referral Code (a “Referred Customer”). You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not considered additional Qualified Referrals. You may not make purchases using your own Referral Code (for example, by using a different email address).
Only individual people are eligible to participate in Clearancekart.com’s referral program. Businesses may not use referral codes for affiliate lead generation. You must comply with all “spam” laws. For example, any emails you send with your Referral Code must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged. Any distribution of your Referral Code that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. You may not post your Referral Code on coupon sites. Any Referral Codes on coupon sites will be automatically disabled, and you may be issued a new Referral Code in Clearancekart.com’s discretion.
You may earn no more than 30 Qualified Referrals (i.e. referral rewards) per calendar year. You are responsible for any and all tax liability resulting from Referral Rewards.
Clearancekart.com reserves the right to cancel its referral program or to change the terms and conditions of the program at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Clearancekart.com reserves the right to close the account of (and/or request payment of any discount or credit provided to) any customer who uses or attempts to use the referral program in violation of these terms and conditions or in violation of any applicable law or regulation. Clearancekart.com also reserves the right to close the account of any customer whose Referral Code is found posted to coupon sites more than three times.
11. Information About the Website
a. License to use. Subject to your compliance with the Terms, Clearancekart.com grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Clearancekart.com, in the manner permitted by the Terms.
b. Service limitations. The Website is currently configured for use in India only and is not intended for use outside of India. If you choose to access the Website from a location outside India, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
12. Third-Party Terms
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Clearancekart.com of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
17. Warranties, Disclaimers, Limitation of Liability, and Indemnification
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, CLEARANCEKART.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY IMAGES OF THE PRODUCTS ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE APPEARANCE, COLOR, SIZE, CONDITION AND OTHER CHARACTERISTICS OF EACH PRODUCT WILL VARY FROM PRODUCT TO PRODUCT. IMAGES AVAILABLE ON THE WEBSITE ARE EXAMPLES ONLY.
A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
b. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE CLEARANCEKART.COM AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
WITHOUT LIMITING THE FOREGOING, CLEARANCEKART.COM DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL CLEARANCEKART.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLEARANCEKART.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, CLEARANCEKART.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED RUPEES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE CLEARANCEKART.COM FROM AND AGAINST, AND COVENANT NOT TO SUE CLEARANCEKART.COM FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS.
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold Clearancekart.com, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.
d. Obligation to defend
You agree that, at Clearancekart.com’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Clearncekart.com may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Clearancekart.com(which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
e. No implied indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
Customer or organization or group of people or any entity are not allowed to ever sue clearancekart.com and cannot file a case against clearancekart.com. People are responsible for their own purchase or anything related to the website clearancekart.com but no one is permitted to sue clearancekart.com at any circumstances.
We have the right to modify the terms and conditions at any time without any notice.