2. The Services is operated and owned by DISHQ TECH PRIVATE LIMITED (hereinafter referred to as “dishq”, “we”, “us” or “our”), a company registered in Bangalore, Karnataka.
4. How the Services and Service Work
4.1 We are a food & restaurant discovery platform providing you an online channel to view the menu from the list of restaurants and eateries available on the Services (“Vendors”).
4.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.
4.3 Our responsibilities are limited to facilitating the availability of the Services.
5. Account Registration or Use of the Services
5.1 You may access the Services either by (a) registering to create an account (“dishq Account”) and become a member (“Member”); or (b) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your dishq Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Services; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
5.2 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your 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.
5.3 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Services via your dishq Account.
5.5 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your dishq Account on the Services.
5.6 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Services.
5.7 We will create your dishq Account for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above.
5.8 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
5.9 We reserve the right to suspend or terminate your dishq Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
5.10 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 dishq Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your dishq Account.
5.11 Goods and services purchased from the Services are intended for your person use and you represent that the same are not for resale or you are not acting as an agent for other parties.
6. Terms of service
6.1 You agree and acknowledge that we shall not be responsible for:
(a) The services or goods provided by the Vendor including, but not limited, serving of food orders suiting your requirements and needs;
(b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
(c) The availability or unavailability of certain items on the menu; or
(d) The Vendor serving the incorrect orders.
6.2 The details of the menu and price list available on the Services are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.
6.3 You may not be able to avail our Services if your location is outside our current scope of Service.
6.4 You understand that drive times quoted to you on the platform are an approximate estimate and may vary.
6.6 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions..
6.7 If you use the Services, you do the same at your own risk.
6.8 You agree that the Services shall be provided by us only during the working hours of the relevant Vendors.
7. No Endorsement
7.1 We do not endorse any Vendor. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
7.2 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
8.3 As we are providing services in the city of Bangalore, we have complied with applicable laws of India in making the Services and its content available to you. In the event the Services is accessed from outside India or outside our coverage areas, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Bangalore. If you choose to access or use the Services from or in locations outside Bangalore, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
8.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
8.6 You agree to receive promotional SMS’s from dishq or allied partners. In case you wish to opt out of receiving promotional SMS’s please send a mail to firstname.lastname@example.org.
8.7 By using the Services you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact email@example.com.
(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a) any part of the Services or the Services software; or
(b) any equipment or any network on which the Services is stored or any equipment of any Third Party.
9. Access to the Services, Accuracy & Security
9.1 We endeavour to make the Services available to during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
9.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
9.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.
9.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
10. Relationship with Operators if the Services are Accessed on Mobile Devices
10.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
10.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.
10.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
10.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
10.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
10.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
11.1 The services may be under constant upgrades, and some functions and features may not be fully operational.
11.2 Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the services or delay or errors in functionality of the services. As a result, we do not represent that the information posted is correct in every case.
11.3 You acknowledge that third party services are available on the services. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / vendors services.
11.4 While the materials provided on the services were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
11.5 The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
11.6 We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the services. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
11.7 In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or vendor accessed through the services, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
11.8 The photos of the food, as well as the list of ingredients (including the “alcohol” badge) shown are merely representative in nature and may not be as such in reality. The availability of the 3rd party aggregator, restaurant and/or specific dish is not the responsibility of dishq. We shall not be held liable under any circumstances for any matter related to these representations.
12. Intellectual Property
12.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 You may print off one copy, and may download extracts, of any page(s) from the Services or our website/app for your personal reference and you may draw the attention of others within your organisation to material available on the Services.
12.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.4 You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
13 .Treatment of Information Provided by You
13.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us on the Services for the purpose of use on the Services or for our generally marketing (by any means and in any media, including, but not limited to, on our website/app or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
14. Third Party Content
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
17. Governing law and dispute resolution
Use of the Website & App
You agree, undertake and confirm that your use of website/app shall be strictly governed by the following binding principles:
- You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- Belongs to another person and which you do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
- Is misleading or misrepresentative in any way;
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Contains video, photographs, or images of another person (with a minor or an adult).
- Tries to gain unauthorized access or exceeds the scope of authorized access to the website/app or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website/app or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
- Interferes with another user’s use and enjoyment of the website/app or any other individual’s user and enjoyment of similar services;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- Violates any law for the time being in force;
- Deceives or misleads the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
– Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
– Shall not create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “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/app or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website/app or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website/app. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the website/app, or any other systems or networks connected to the website/app or to any server, computer, network, or to any of the services offered on or through the website/app, by hacking, “password mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the website/app or any network connected to the website/app nor breach the security or authentication measures on the website/app or any network connected to the website/app. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to website/app, or any other customer, including any account on the website/app not owned by you, to its source, or exploit the website/app or any service or information made available or offered by or through the website/app, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website/app.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms dishq, or otherwise engage in any conduct or action that might tarnish the image or reputation, of dishq or sellers on platform or otherwise tarnish or dilute any dishq’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website/app or dishq’s systems or networks, or any systems or networks connected to dishq.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website/app or any transaction being conducted on the website/app, or with any other person’s use of the website/app.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the website/app or any service offered on or through the website/app. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website/app, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website/app.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website/app and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website/app, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website/app you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website/app. Please carefully select the type of information that you publicly disclose or share with others on the website/app.
- dishq shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), Hacking, Pen Testing attempts without our prior consent or a mutual legal agreement.