Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Website/App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website/App following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
1.1 By agreeing to these Terms of Service, You represent that you are at least 18 (Eighteen) years of age and you have given us your consent to allow any of your minor dependents to use our services. You may not use our services for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.2 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website/App through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - MODIFICATIONS TO THE SERVICE AND PRICES
2.1 Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 3 - SERVICES
3.1 We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited. We do not warrant that the quality of any services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.
SECTION 4 - PAYMENT TOOLS AND OPTIONAL TOOLS
4.1 We may provide You with access to third-party tools which are different payment gateways over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
4.2 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website/App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 - THIRD-PARTY LINKS
5.1 Certain content, products and services available via our Service may include materials from third- parties. Third-party links on this site may direct you to third-party Website/Apps that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Website/Apps, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Website/Apps
5.2 Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party.
SECTION 6 - PERSONAL INFORMATION
SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS
7.1 Occasionally there may be information on Our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information in the Service or on any related Website/App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website/App, should be taken to indicate that all information in the Service or on any related Website/App has been modified or updated.
SECTION 8 - CONTENT
8.1 "Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Our Content" means content that we create and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than us or our users and is available on the Services.
SECTION 9 - PROPRIETARY RIGHTS
9.1 We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Our Content or our IP Rights. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
9.2 By submitting Your Content you hereby irrevocably grant Us a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Us or Our Users, any third party services and their users.
9.3 You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not ToastApp.
SECTION 10 - PROHIBITED USE
10.1 In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website/App, other Website/Apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related Website/App, other Website/Apps, or the Internet. We reserve the right to terminate your use of the service or any related Website/App for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
11.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to You. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 12 – INDEMNIFICATION
12.1 You agree to indemnify, defend and hold harmless Us and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
13.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - GOVERNING LAW
14.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and shall be subject to the jurisdiction of the courts in Hyderabad.
SECTION 15 - GENERAL
15.2 In case of any grievance arising from the use of the Website/App, please contact us within 24 hours and the same shall be redressed within 48 hours from receipt of such complaint.
SECTION 16 - USER RATINGS/REVIEWS
16.1 User reviews or ratings for Restaurants/Menu Items do not reflect our opinion. We receive multiple reviews or ratings for Restaurants and Menu Items by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on our Sites/Apps is the personal opinion of the user/reviewer only.
16.2 We are a neutral platform and we don't arbitrate disputes, however in case if a user writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular user's review violates any of Our policies, the restaurant may write to us at email@example.com and bring such violation to our attention. We may remove the review in our sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
SECTION 17 - EVENTS AND OFFERS
17.1 Event notifications and offers notifications on the ToastApp are sent by the respective Restaurants. Restaurants are the sole authors of, own, or otherwise control all of the content in Events and Offers Notifications. We provide a platform for Our Users to be able to locate the Events around the town and Offers running in various restaurants. Users acknowledge that in no way, we can be held responsible for the wrong information provided by the restaurants resulting in some loss(including but not limited to physically, mentally, financially) to the Users. We try to provide you with the correct information as much as we could but We do not guarantee, represent or warrant that the content in the notifications will always be true. If You have any concerns with the content in the Event And Offers notification, please write to us at firstname.lastname@example.org. We may remove the notification at our sole discretion if it is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
SECTION 18 - FOOD ORDERING
18.1 We provide food ordering services by entering into contractual arrangements with Restaurants("Restaurant Partners") for the purpose of listing their food and beverages for online ordering by the Users on Our Platform. The Users can access the list of food and beverages of the Restaurant Partner by visiting the restaurant and scanning the QR code using our App and placing food orders, which the Restaurant Partner may or may not accept in its absolute discretion.
18.2 Your request to order food and beverages from a Restaurant Partner shall constitute an unconditional and irrevocable authorization issued in favour of ToastApp to place online orders for food and beverages against the Restaurant Partners on your behalf. An order, when placed on your behalf by ToastApp and accepted by a Restaurant Partner, constitutes a separate contract of sale of goods under the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 or any successor legislations between the Restaurant Partner and the User, to which ToastApp is not a party. ToastApp is not a manufacturer, seller or distributor of food or beverages and merely places an order against the Restaurant Partners on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to ToastApp, and facilitates the sale and purchase of food and beverages between Users and Restaurant Partners, under the contract for sale and purchase of food and beverages between the Users and Restaurant Partners. ToastApp shall not be liable for any acts or omissions on part of the Restaurant Partner including deficiency in service, wrong delivery of order, quality of food, time taken to prepare or deliver the order, etc.
18.3 The liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partners, importers or manufacturers of the food products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.