a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
i) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii) The terms ‘we’, ‘us’, ‘our’ shall mean the Website or Application and/or the Company, as the context so requires.
iii) The term ‘Order’ shall mean any food or beverage order made from any establishment listed on the Website
iv)The term ‘Establishment’ shall mean and refer to any restaurant, bar, cafes, pub or lounge that serves perishable substances that people eat or drink, and are using the Website/Application or availing the Services of the Company.
v) The term ‘Services’ shall mean the business of providing and hosting, hospitality management software systems and marketplace related services available by the Company on the Website/Application including but not limited to listing of Establishments, Vendors.
vi)The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an Orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website/Application, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website/Application constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website/Application. If the User does not adhere to the changes, it must stop using the Services. Your continuous use of the Services will signify your acceptance of the changed terms.
To fully avail the Services of the Website/Application and use of it, registration is required. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Gender, Mobile Number, Email id, Profession, Date of Birth etc. The Website/Application also offers Sign Up process with our own sign up system and other platforms such as Face book and Google+.
Website/Application uses Face book Connect and Google+ platforms as a medium for signing up only. The user data collected by the Website/Application shall only be through the above mediums which will be provided by the intended user through their Face book or Google+ profile; no other data shall be collected/used by the Website/Application apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Face book and Google+ uses, stores and discloses your information is governed solely by its policies, and the Website/Application bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
Registration for this application is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the application, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
Further, at any time during your use of this Website/Application, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Establishments/Vendors may access the services by registering as an Establishment/Vendor on the Website/Application by providing the following information which inter alia includes the Establishment/Vendor’s Name, Email Id, Phone numbers, Address, Location, Menu details, Product detail, Table Capacity, Estimated Cost for 2 people, Cuisines served, etc.
Further, at any time during your use of this Website/Application, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe You have done so, We hold the right to permanently suspend Your account.
3.MODE OF OPERATION
The Website/Application is a service provider. It is a technology Company which enables (a) the User to browse through a list of Establishments, Vendors around them (b) to order including but not limited to food, fresh fruits, vegetables, bakery products online from such Establishments or Vendors (c) make online payments for the products ordered. The Website/Application provides Users the ability to explore Establishments based on their location, distance and cuisines. The Website/Application would allow Users to track their orders.
After Registering on the Website/Application, Customers can search for their requirements through the search box, seeking an Establishment or a Vendor for a particular Service. Customers may interact with Establishments by placing an enquiry or an Order with them. While the Website/Application ensures that the enquiries and any other general queries related to the Services are resolved and replied to by the Establishments/Vendors, it cannot guarantee that the User will get a reply for his communications posted to the Establishments.
ii. Prices of the Services are always set by the Establishments/Vendors only and the Website/Application is not involved in setting the prices mentioned to you in the quotations that you receive from the Establishments/Vendors. However, the Website/Application may give you an indication only of the approximate price of the services that you wish to avail and such approximations should not be taken as the full and final prices of the Services.
You understand that the Website/Application is in no way responsible for:
i.your communications and interactions with other users, including Establishments/Vendors, on the Website/Application the outcome of your interactions with other Users on the Website/Application;
ii.browsing and searching done by you before deciding to avail the services of a Establishment/Vendor;
iii. your decision to avail the services of a Establishment/Vendor;
iv.cancellation or unresponsiveness of the Establishments to your Enquiries;
v.non-availability of the Establishments/Vendor or any of their equipment, services, etc.;
vi.any violation of the IP rights of a third party by you;
vii. any violation of any applicable laws and regulations at the federal, state, local and international level as a result of your actions, including without limitation any content submitted by you on the Website/Application.
All information provided by Users and Establishments are self-declared and not verified by the Company. You must have the rights and/or permissions to share all Content (text, images, videos, design files, etc.) that you submit to the Website/Application as part of your Profile and all such content must be your own creation. If you have used any materials that are owned by another person, then you must have the appropriate license that grants you the permission to use them. Any content submitted by you must not infringe upon the intellectual property (trademark, copyright, patent or any other proprietary rights) of a third party. If you violate these policies, you will be solely responsible for your actions and will hold the Website/Application and Company indemnified and harmless against any claims that may arise by third parties.
You also warrant that the Website/Application will not need to obtain licenses or pay any
kind of royalties to any third-party with respect to your Content.
Users, Establishments and Vendors acknowledges and agrees that the Website/Application may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and film, posting, listing, order placed or enquiry posted on the Website/Application to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as the Company sees fit, and the Company does not claim any ownership rights in any such Content.
The Website/Application offers information and a method to obtain such services, but does not and does not intend to provide the services or act in any way as a service provider and has no responsibility or liability for any services provided to you by participating Establishments. Our responsibilities are limited to facilitating the availability of the Services.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website/Application. Users can’t copy, adapt, and modify any content without written permission of the Company.
a.The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website/Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
b.If you are accessing the Website/Application from outside the territory of India, then you must be competent to contract as per the local laws of your location.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
A User may terminate his/her use of the Website/Application at any time. The Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the Website/Application at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the software as a service offered on the Website/Application, or any portion thereof, at any time, without notice or cause. The Website/Application also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website/Application and/or other visitors to the Website/Application. The Website/Application reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 hereinabove.
By using this Website/Application, and providing his/her contact information to the Company through the Website/Application, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to firstname.lastname@example.org with the subject [Unsubscribe]. The User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website/Application or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of the Website/Application by the User is free of cost. The User will have to pay for the Services availed from any of the Establishments. Users are required to make payments in accordance with Clause 10 of this Agreement. The Establishments are charged on a monthly basis for the use of the Website/Application. Failure to pay on time could entitle the Website/Application to block the Establishments from using the Website/Application. The Website/Application may charge the Establishments a late fee if the Establishments fail to make the payments even after the due date. The Company reserves the right to amend the fee policy for use of the Website, the download of the Application and the charges for any or all services offered/rendered. In such an event, the User will be intimated of the same when it attempts to access the Website/Application, and the User shall have the option of declining to avail of the services offered on the Website/Application. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
To process financial transactions on the Website/Application, we use third-party electronic payment processor Pay money. As required, you permanently authorize us to instruct Pay money to handle account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of Pay money. In the event of conflict between these Agreements and the Pay money’s terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b)Visa Debit cards issued by domestic banks and those which are acceptable by the Pay money;
Net banking/Direct Debit payments from select banks in India;
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safe key to complete the transaction.
The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By using the Website/Application, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website/Application, or affiliated platforms where reference to such affiliated Platforms has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
11. USER OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted User of this Website/Application, and that he/she:
a)Agrees to provide genuine credentials during the process of registration on the Website/Application. You shall not use a fictitious identity to register.We are not liable if the User provide incorrect information or if Establishments doesn’t update the Website/Application.
b) agrees to ensure the email address and mobile number provided during account Registration are valid at all times and shall keep your contact information accurate and up-to-date.In Case of change in mobile number, the User will have to create a new User account. The user can update his/her email id anytime.
c) Agrees that he/she are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d) Understands and acknowledges that the offers published by Establishments, are solely that Establishments/Vendors responsibility to give it to Customer or not. Website/Application shall not be liable for any offers claimed or unclaimed. Establishments/Vendors reserve right to change amend or withdraw offers without prior notice
e) Authorizes the Website/Application to use, store or otherwise process Your personal information for marketing and promotional purposes.
f) Understands and agrees that, to the fullest extent permissible by law, the Website/Application and their successors and assigns, or any of their affiliates or their
g) It is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website/Application. Any such use/limited use of the Website/Application will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website/Application is expressly prohibited.
h) It agrees not to access (or attempt to access) the Website/Application and/or the materials or services by any means other than through the interface provided by the Website/Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application will lead to suspension or termination of the User’s access to the Website/Application, as detailed in Section 11 herein below. The User acknowledges and agrees that by accessing or using the Website/Application or any of the services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website/Application. The User expressly agrees and acknowledges that the services displayed on the Website/Application may not be owned by the Company, and that the same may be the exclusive property of certain third parties who have chosen to market their services through the Company’s Website/Application, and that the Company is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website/Application, at its sole discretion.
i) In places where Website/Application permits the User to post, or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable /offensive may be removed from the Website/Application immediately and without notice, and further that the User’s access to the Website/Application may also be permanently revoked, at the sole discretion of the Company.
j) Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website/Application or the services provided therein (or the servers and networks which are connected to the Website/Application);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 under any law, rule or regulation currently in force; 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;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application;
vii. Download any file posted/uploaded by another User of the Website/Application that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website/Application or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network connected to the Website/Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website/Application, or any other Customer of the Website/Application, including any User account maintained on the Website/Application not operated/managed by the User, or exploit the Website/Application or information made available or offered by or through the Website/Application, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/Applications or any affiliated or linked platforms;
x. Collect or store data about other Users of the Website/Application.
xi. Use the Website/Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/Application or any other third party (ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website/Application;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website/Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website/Application;
xix. Engage in advertising to, or solicitation of, other Users of the Website/Application to buy or sell any products or services not currently displayed on the Website/Application. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website/Application. It shall be a violation of these Terms to use any information obtained from the Website/Application in Order to harass, abuse, or harm another person, or in Order to contact, advertise to, solicit, or sell to another User of the Website/Application without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Website/Application to disclose any and all information relating to the User in the possession of the Company/Website/Application to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website/Application might be directed to disclose any information (including the identity of persons providing information or materials on the Website/Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
12.SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website/Application, and/or refuse to usage of the application to the User, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the Participating Establishment fails to make the payments on time.
d) If the User’s actions may cause any harm, damage or loss to the other Users/ participating Establishments or to the Website/Application/Company, at the sole discretion of the Company.
i.Your use of the website,
ii. Any Discussions or Messages you provide;
iii. Your violation of these Terms and Conditions;
iv. Your violation of any rights of another;
v. Your conduct in connection with the Website/Application; or
vi. Any food or services purchased or obtained by you in connection with the platform.
b. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Website/Application be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website/Application had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website/Application and/or the services or materials contained therein.
14. LIMITATION OF LIABILITY
a. The Website/Application accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website/Application or any product purchased or service availed of by the User through the Website/Application. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website/Application will not be liable to you for the unavailability or failure of the Website/Application.
b. Users may be held legally responsible for damages suffered by other Users, the Website/Application or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website/Application. All Customers and Establishments
c. Are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d. The Website/Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website/Application and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e. To the fullest extent permitted by law, the Website/Application shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website/Application.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website/Application’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website/Application and other distinctive brand features of the Website/Application are the property of the Company. Furthermore, with respect to the Website/Application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website/Application.
The User may not use any of the intellectual property displayed on the Website/Application in any manner that is likely to cause confusion among existing or prospective Users of the Website/Application, or that in any manner disparages or discredits the Company/Website/Application, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to the User. The User is aware that the Company merely provides a Website/Application through which the aforementioned services are listed for sale to the Users of the Website/Application, and the neither the Company nor the Website/Application owns any of the intellectual property relating to the services displayed on the Website/Application.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16. DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website/Application, all services offered on the Website/Application are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The User agrees and undertakes that it is accessing the Website/Application and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the Website/Application, or accessing/using any information displayed thereon.
c) The Company/Website/Application makes no representations as to the reliability, capability, honesty or qualifications of any Establishment or the quality, security or legality of any Services and disclaims any and all liability relating thereto. The Company/Website/Application does not implicitly or explicitly support or endorse the procurement of any Service/ Establishment on the Website/Application.
d) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website/application, written or oral, will not create any warranty and the Website/Application disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website/Application and the Website/Application doesn’t make any warranty about the conduct of Users on the Website/Application.
e) The Company/Website/Application does not guarantee that the functions and services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website/Application.
f) The Website/Application may avail services from third party to serve you better and these services will be provided on “as is” basis and the Website/Application disclaims any liabilities resulting from these third party services. The Website/Application will not be responsible for any internet delays and damages caused by such problems.
g) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the Users to the Company or this Website/Application will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that it owns or otherwise controls all of the rights to the content contributed to the Website/Application, and that use of such content by the Company/Website/Application does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website/Application by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website/Application, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
18. FORCE MAJEURE
Neither the Company nor the Website/Application shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
19. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore, India;
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Haryana, India, and that the Courts at Bangalore, shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User writing an email to email@example.com.
21. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Contact Us: The Users can use the “Join Now” section on the website or Email Us section of Website/Application or email Us at firstname.lastname@example.org for any help, questions and concerns in the use of or technical problems occurring in the Website/Application.