TERMS OF SERVICE
www.mealdial.com is owned and operated by MealDial (hereinafter referred to as the “website”, “site”, “We”, “Us”, or “Our”, “Company”), with its office located at Mawlai, Shillong. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Our website is an online platform via which users (hereinafter referred to as “customers”, “you”, “your”) can order food from the menu published on the website for home delivery (hereinafter referred to as the “Services”).
BY USING THE WEBSITE, USERS/CUSTOMERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “here under” and words of similar import refer to the Terms as a whole.
1.2 “www.mealdial.com” means the online platform that enables Users/customers to order food from the menu listed on our website list for delivery i.e. our website is an online food ordering and delivery platform.
1.3 “User/customer” means the person/individual who sign up/create an account on our website in order to order food for delivery.
1.4 “Account” means the account which Users have to create in order to use the services provided by our Website.
1.5 “Services” means online food ordering and delivery service which we offer and you may request via our Website.
1.6 “SNS” means Social Networking Site such as Facebook, Twitter, Pinterest etc.
1.7 “Content” means all information, data, images, documents, files, scripts, applications, electronic media, logos, text, webpage and any other file or data or similar material to each of the foregoing which is uploaded, posted, published, shared, distributed, disseminated or incorporated, processed or entered into, onto or via the Services.
1.8 “User content” means all Content that a user submits or transmits to be made available through our website.
1.9 “ Our website Content” means all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding user Content.
2.1 The official language of these terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3.1 You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national laws, rules and regulations. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years.
3.2 If you are under the age of 16, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.
3.3 The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
3.4 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
4.1 In order to avail our services, it is mandatory for the users to create an account on our website.
4.2 Thus, Users shall create an account either directly with us or may register with us by using their valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts(each such account, a “Third-Party Account”).
4.3 If users access the Services through a SNS, they may link their Account with Third-Party Accounts, by allowing us to access their Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. Users represent that they are entitled to disclose their Third-Party Account login information to us and/or grant us access to their Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by them of any of the terms and conditions that govern their use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. Users have the ability to disable the connection between their Account and their Third-Party Accounts at any time by accessing the “Settings” section of the website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
4.4 If you directly want to sign up with us and create an account directly on our website then:-
- a) You must register for an account with us (an “Account”) and provide certain personal information such as name, email address, contact number and password.
- b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.5 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.6 When creating an Account, don’t:
- a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- b) Use a username that is the name of another person with the intent to impersonate that person;
- c) Use a username that is subject to rights of another person without appropriate authorization; or
- d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.7 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
4.8 You may not transfer or sell your www.mealdial.com account and User ID to another party.
4.9 Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.10 One individual can own only one account in his/her name.
4.11 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
5.1 Our website is an online platform which allows users to search and order food from the menu published on our website and get the ordered food delivered at an address provided to us by the users. As of now, we offer free home delivery. This may change in the future and we shall inform you about the same when we start charging for home delivery in the future.
5.2 Our website also allows users to track the order placed by them on our website by clicking on the track icon made available to users on our homepage and filling in the details requested by us such as Order ID and billing email.
5.3 We are a food delivery service provider providing you an online platform to (a) order food online from the menu available on our website/Services, (b) pre-pay for your order by banking channels made available to you on the Services or paying for your product by debit or credit card or pay with cash upon delivery.
5.4 After placing your order, you shall be required to visit your cart which will display the list of food ordered by you along with the total bill. After this, you shall be required to click on proceed to checkout which will redirect you to the billing details page where you will have to furnish the information asked by us and you shall also have an option of providing us with any order notes.
5.5 Any order that you place with us is subject to availability. We reserve the right to change our menu and prices at any time without any prior notice to you. You shall be required to check the menu and prices every time you choose to order food via our website.
5.6 Our website shall not at any time be responsible/liable to any user if the ordered food does not suit the user.
- PLACING AN ORDER:
6.1 When you place your order online, we will send you an email/text message to confirm that we have received your order request. This email/text message confirmation will be produced automatically so that you have confirmation of your order details. The confirmation message will specify delivery details including the approximate delivery time and the total bill amount.
6.2 We generally take 45 to 50 minutes in delivering the food ordered by you via our website. This may vary depending on the distance and for other unforeseen circumstances such as delivery may be delayed in case of rains, floods etc.
6.3 We take the last order at 09:00 pm. Thus, we shall not entertain any order request after 09:00 pm.
6.4 If the food ordered by you is unavailable at that moment then we will inform you regarding the same by text message (SMS) or phone call.
- PRICING OF THE FOOD:
7.1 The price of the food is displayed on the menu published on our website. The prices of food are subject to change any time at our sole discretion which will be reflected on our menu published on our website.
7.2 A delivery fee may be added to your order in the future. Any taxes applicable will be collected at the time of check out. Delivery charges when made applicable in future will be based on the minimum order value and distance to the place of delivery. These charges are subject to change at our sole discretion from time to time to reflect costs of fuel, costs of delivery, and other costs.
- CANCELLATION AND REFUNDS:
8.1 You shall have the option of cancelling the order placed by you on our website within 15 minutes of placing the initial order. After this period, we shall not allow any cancellations to take place.
8.2 Our website does not at any time offer any refunds to its users/customers.
8.4 All complaints and inquiries under this clause shall be directed to our offices and user shall not try to resolve such issues with our delivery drivers as they are not knowledgeable or responsible for resolution.
- NO LIABILITY:
9.1 Due to inclement weather or treacherous road conditions, if our delivery vehicles are unable to reach your location, we will make attempts to reach you at the first available opportunity and schedule alternate delivery times. Therefore we shall not be responsible for any delays in delivering your order when the delay is caused due to inclement weather or unforeseen delivery complications. We will attempt to deliver your order as quickly as possible when the conditions permit.
9.2 If you are not available to accept the delivery in person then our delivery driver shall leave the packages at your door and this will be considered that your order has been delivered to you.
9.3 User shall be responsible to ensure that their premises are safe and any pets are on leash when our delivery person is on user’s premises.
9.4 Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.
- USER WARRANTIES:
10.1 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
10.2 You warrant that food ordered via our website is not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
10.3 You should check that the food you order is suitable for you. We shall not at any time be held responsible for your choice of orders.
10.4 You agree that the delivery time provided to you is approximate only and the delivery time may vary.
11.1 All payments hereunder shall be made to us via:-
- a) cash on delivery;
- b) payment via card on delivery;
- c) online payment using your credit/debit card;
- d) payment via Digital wallets like ..Paytm etc.
11.2 Our website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution due to payment issues. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
11.3 User understands and expressly authorizes us to collect payment from or charge the credit card for availing our services.
11.4 Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
11.5 All transactions are completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. Users agree that users shall hold us harmless against any such dispute or legal claim.
11.6 You agree to pay us for the total amount for any order placed via our website. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
- ACCESS TO THE SERVICE:
12.1 Our website grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial use. If at any time our website reasonably believes in its sole discretion that you are using the Service beyond this scope, we may terminate your access to the Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
(b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
(c) You shall not access the Services in order to build a similar or competitive service; and
(d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.
12.2 Your license to use our website is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms.
12.3 While using our Site, you agree not to:
- a) Defame, abuse, harass, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- b) Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- c) Restrict or inhibit any other user from using our Site, including, without limitation, by means of “hacking” or defacing any portion our Site;
- d) Violate any applicable laws or regulations;
- e) Upload to, submit to, transmit through, or display on our Site (i) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any confidential, proprietary or trade secret information of any third party; or (iii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- f) Engage in spamming;
- g) Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, or other destructive items;
- h) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site; and
- i) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.
- j) Record, transmit, submit, upload or otherwise make available any Content in the form of information on order notes, emails, feedbacks etc. that is unlawful, harmful, threatening, abusive, harassing, lewd, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- k) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our website;
- l) Interfere with or disrupt the website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;
- m) Intentionally or unintentionally violate any applicable local, state, national law and any regulations having the force of law;
- n) “Stalk” or otherwise harass another;
12.4 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site.
- MATERIALS SUBMITTED BY USER:
13.1 You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any service you request or to show you how your User Submitted Materials would appear in our products or services.
13.2 All User content is your sole responsibility. This means that you, and not we, are entirely responsible for all User content that you upload, post, transmit or otherwise make available via the Web Site. If you post personal information in Community User Forums or on other publicly available areas of the Web Site, then you may receive unsolicited messages from third parties. Our website cannot ensure the security of any information you post on publicly available areas of the Web
- INTELLECTUAL PROPERTY OF COMPANY:
14.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.mealdial.comor any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
14.2 www.mealdial.com names and logos and all related product and service and our slogans are the trademarks or service marks of our website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
14.3 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
14.4 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
14.5 Notices regarding our website should be sent to: email@example.com (email address of our copyright agent to whom copyright infringement complaints can be filed).
14.6 We take the protection of our copyright very seriously. Thus, if we discover that you have infringed any of our copyright, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you from using those materials. You could also be ordered to pay legal costs.
- OUR RIGHTS:
All right, title, and interest in and to the website (excluding Content provided by users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of India. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.
- REVIEWS, FEEDBACK, SUBMISSIONS:
16.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
16.2 We are and shall be under no obligation (1) to maintain any feedback/Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
16.3 You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- LINKS TO THIRD PARTY SITES:
17.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.
17.2 You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
17.3 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other members and Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services.
17.5 In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.
17.6 We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
17.7 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
18.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
18.2 Without limiting the foregoing, we may close, suspend or limit your access to our website:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
18.3 If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- LIMITATION OF LIABILITY:
20.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
20.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- DISCLAIMER OF WARRANTIES:
21.1 ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
- Your use of or your inability to use our Website, Services and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
- The duration or manner in which, as a User, you upload, download, store and share file/content.
21.4 Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
21.5 The material in the Platform is provided for lawful purposes only.
- GOVERNING LAWS AND JURISDICTION:
22.1 These Terms and any action related thereto will be governed by the laws of India.
22.2 Users agree to submit to the exclusive jurisdiction of the courts in Shillong, Meghalaya, India in relation to proceedings arising out of this agreement.
- DISPUTE RESOLUTION:
23.1 In case of any dispute with us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
23.2 The venue for arbitration shall be Shillong, Meghalaya, India and the language used for arbitration shall be English.
23.3 The award of the arbitration shall be binding on both, you and us.
23.4 The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
25.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
25.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
25.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) the email was sent to the specified email address.
- NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
28.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
28.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
- FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
- ELECTRONIC COMMUNICATION:
30.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and/or start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
30.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
30.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
30.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
- LEGAL COMPLIANCE
31.1 In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
31.2 You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.
- ENTIRE AGREEMENT:
The Agreement, in connection with the other obligations, policies and rules detailed in writing on the website, constitute the entire agreement between you and the website.
- CONTACT US:
34.1 For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org
34.2 Our Permanent Address is Mawlai, Shillong Meghalaya 793008 India.
34.3 Our legal representatives can be contacted at email@example.com
34.4 Our Dispute Resolution team can be contacted at firstname.lastname@example.org