Terms & Conditions

Terms Of Use

Website Terms of Use

The website, www.grocely.com ("Site") is published and maintained by Grocely Retail Distribution ("Company"), an establishment registered under Proprietorship firm and existing in accordance with the laws of India with its registered office at 310, Block IV, Ganga Shopping Complex, Sector – 29, Noida - 201303, Uttar Pradesh (India). The Terms are effective upon acceptance and govern the relationship between you and Company, including the sale and supply of any products on the Site. If these Terms conflict with any other document, the Terms will prevail for the purposes of usage of the Site. If you do not agree to be bound by these Terms and the Privacy Policy, you may not use the Site in any way.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE SITE, YOU ACCEPT THESE TERMS. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY SELLER AFFILIATED WITH THE COMPANY, YOU WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR SELLER. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS SHALL PREVAIL.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our Products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences.

User Agreement

You ("You" or "End User" or "Your" or "Buyer" or "Customer") are required to read and accept all of the terms and conditions laid down in these Terms and Conditions ( "Terms" ) and the linked Privacy Policy, before you may use www.grocely.com (hereinafter referred to as "Site"" or "Company" or "we" or "our"). The Site allows you to browse, select and purchase luxury and fashion items online, leather goods and accessories, electronic gadgets, vouchers etc.

The term 'User' may refer to Seller and Users may refer to 'Seller' and 'Buyer' as and where applicable. This User Agreement ("Agreement") sets out the terms and conditions on which company shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by Company from time to time.

The use of the Website is offered to the Users conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon Users' 'acceptance'. 'Acceptance' shall mean Users' affirmative action in clicking on "I have read the Terms and Conditions and I accept them" box and on the Submit button as provided on the registration page. For removal of doubts, it is clarified that use of the Website by the Users constitutes an acknowledgement and acceptance by the Users of this Agreement. If the Users do not agree with any part of such terms, conditions and notices, the Users must not use the Website.

Company at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any products and services through the website without assigning any reason thereof. Any contract to provide any service by the Company is not complete until the entire consideration towards the service is received by Company.

By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.

You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases. The Site takes no responsibility for the services or products that are sold or supplied by third party sellers. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a seller and / for services that may involve potential bodily harm the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.

We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.

Privacy Policy

The Users hereby consent, express and agree that he/she have read and fully understood the Privacy Policy of Company in respect of the Website, as set out in Privacy Policy. The Users further consent that the terms and contents of such Privacy Policy are acceptable to him/her.

General:

By using this Site, the User agrees to comply with all of the Terms hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Description of Services:

Company provides users with access to sales of luxury, general and fashion items online, leather goods and accessories, electronic gadgets, vouchers etc.

Modified Terms:

The Company reserves the right at all times to discontinue or modify any of the Terms and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. We suggest that you read the Terms and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Term sand Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company's posting thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by the User of such modifications.

Equipment:

The User shall be responsible for obtaining and maintaining telephone, computer hardware 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.

License and Site Access:

Company grants you a limited license to access and make personal use of the Site and avail the services. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Company.

Membership Eligibility:

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Company for any reason. Users may not have more than one account. Maintaining more than one account by a User shall amount to fraudulent act on part of the user and attract actions. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.

Your Account:

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Pricing Information in case of sale by Company:

We strive to provide you with the best prices possible on products and/or services you buy from Company; however, Company does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. While Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Company will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Company accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Company's dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

Cancellation by Company:

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user's account in case of cancellation by Company).

Cancellations by the Customer:

In case of requests for order cancellations, Company reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. Company has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Company and accept Company's decision regarding the cancellation. In the event of cancellation of order by the customer Company shall not refund the voucher, if any used against such order.

Fraudulent /Declined Transactions:

Our fraud detection team constantly monitors the user's account in order to avoid fraudulent accounts and transactions. Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, Company reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, Company shall owe no liability for any refunds. Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy. Any issues or concerns should be highlighted to Company by the Customer. Issues or concerns highlighted by any person/party other than the Customer will not be considered a bona fide dispute.

Credit Card Details:

You agree, understand and confirm that the credit card details provided by you for availing of services on Company will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Company. Further the said information will not be utilized and shared by Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Submitted content:

Company does not claim ownership of any materials you make available through the Site. At Company's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.

Limited use/Prohibitation against Unlawful use

The Users agree and undertake not to buy, trade, resell or exploit for any commercial or non commercial purposes, any part of Service. As condition of the use of the Website, the Users warrant that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms Of Services including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party's use and/or enjoyment of the Website or cause any damage or hamper with the business of Company. The Users shall refrain from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for or through the Website. "Users Information" is defined as any information provided to Company in the registration, buying process, in the feedback area or through any e-mail feature. The Users are solely responsible for User Information, and company acts only as a passive conduit for Users' online distribution and publication of Users Information. Company is in no way responsible for correctness or security of any Users information. The Users further agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted, provided that Company's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted. No Advertising Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the "Questions and Answers function", etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which the User is not currently, or in the immediate future, selling on the Website. No contractual conclusion outside of the Website. Any type or format of texts and graphics published by a User on the Website must not target contract conclusions outside of the Website, or directly or indirectly request the same.

Disclaimer of Warranties/Limitation Of Liability

Disclaimer of Warranty:

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY Company. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT Company IN ANY CASE WHATSOEVER. Company DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN Company, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Company BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME. IF FOR ANY REASON, LAW DOES NOT PERMIT EXCLUSIONS OF LIABILITY THEN, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO SUCH AMOUNT PAID BY THE USER AND RETAINED BY THE COMPANY FOR THE TRANSACTION IN QUESTION.

All commercial/contractual terms are offered by and agreed to between the User and the Buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. Company does not have any control, or determines, or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between the Buyer and the User. Company shall not and is not required to mediate or resolve any dispute or disagreement between the User and the Buyer. Company is a facilitator for the services at the website and acts only as an online platform. All the services offered to, through or via the website are provided on "as is" basis without any representation or warranty of any kind from Company, either express or implied, including without limitation any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness. Company's liability in any circumstance is limited only to the amount of fees, if any, paid by the User to Company. Company 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 will be error free and/or uninterrupted. Consequently, Company assumes no liability whatsoever for any monetary or other damage suffered by User on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.

  2. Any interruption or errors in the operation of the Website.

Users expressly understand and agree that Company shall not 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 (even if Company has been advised of the possibility of such damages). Company shall not at any point of time during any transaction between the Buyer/ and the User on website come into or take possession of any of the products or services offered on the Website nor shall it at any point gain title to or have any rights or claims over the products or services offered by the User to the Buyer.

At no time shall any right, title or interest over the products vest with Company nor shall Company have any obligations or liabilities in respect of such contract. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered by User are only for a restricted time and only for the available supply as offered by User. Company is not liable for temporary unavailability of the Website, the failure of individual or all website functions, or incorrect functioning of the Website. Company is particularly not liable for technical problems which cause offers or bids to be accepted or processed late or incorrectly, or not at all. Company particularly does not guarantee that the system time clock will match an officially set time.

At any point of time Company's Website may be temporarily unavailable, or only available to a limited extent, as a result of maintenance work or other reasons, without the Users being able to derive any claims against Company for this.

Links to Third Party Sites

Users understand and agree that Company and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Users and are third party user generated contents. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. Company has no control over the third party user generated contents The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Company or the Website and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Site. Company is providing these links to the Users only as convenience, and the inclusion of any link does not imply endorsement by Company or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Company is not responsible for any errors, omissions or representations on any Linked Site. Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Use of Communication Services

Electronic Communication:

When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Company will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The Users agree and undertake to use the Communication Services only to post, send / receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the Users agree and undertake that when using a Communication Service, the Users will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that the Users know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;

  • violate any applicable laws or regulations for the time being in force in or outside India; and

  • Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate the Users' access to any or all of the Communication Services at any time without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the Users' participation in any communication service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.

Termination of Agreement and Services/Access Restriction

Company reserves the right, in its sole discretion, to terminate access to the website and the related services or any portion thereof at any time, without any prior notice. The Users agree that Company may under certain circumstances and without prior notice, immediately terminate the Users' user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the Users of this Agreement or the Privacy Policy, Buying and selling forbidden products, requests by enforcement or government agencies, requests by the Users, non-payment of fees owed by the User in connection with the Services as specified. This Agreement may be terminated by the User only through a written notice to Company or by sending an email to Grocely through www.grocely.com/help as long as all the requirements below are met.