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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
i) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Platform, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii) The terms ‘We’, ‘Us’, ‘Our’ & ‘99Grills’ shall mean the Website or Platform and/or the Company, as the context so requires.
iii) The term ‘Reservation’ shall mean any booking made for a table in any of the participating establishments on Platform.
iv) The term ‘Order’ shall mean any food or beverage order made from any establishment listed on the Website.
v) The term ‘Establishment’ shall mean and refer to any restaurant, bar, cafes, pub or lounge that serves perishable substances that people eat or drink, and are using the Platform or availing the Services of the Company..
vi) The term ‘Services’ shall mean the business of providing and hosting, hospitality management software systems and marketplace related services available by the Company on the Website including but not limited to listing of Establishments.
vii) The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an Orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Platform constitutes the User’s full and final
acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Platform. If the User does not adhere to the changes, it must stop using the Services. Your continuous use of the Services will signify your acceptance of the changed terms.
99Grills is a location based App and is not a service provider. It is a technology Company which enables (a) the User to browse through Establishments around them (b) the User to book reservations in Establishments (c) enable the participating Establishments to offer the reservation of tables and taking food orders which may be done through the use of the Software or Service. 99Grills provides Users the ability to explore Establishments based on their location, distance and cuisines. 99Grills allows Users to instantly check wait times in real time, get in line and make reservations. Users will be notified about their estimated wait time and place in line based on table availability updated on 99Grills by participating Establishments. 99Grills would allow Establishments to track their food orders and reservations made through the Platform. They can publish real time offers to user App, and monitor their floor operation of seating. Establishments are charged on a monthly basis based on the number of guests listed on it. 99Grills will provide analytical summary of data as reports to Establishments on daily, weekly and monthly basis.
After Registering on the Platform, Customers can search their requirements through the search box, seeking a Establishment for a particular Service. Customers may interact with Establishments by placing an enquiry or an Order with them. While 99Grills ensures that the enquiries and any other general queries related to the Services are resolved and replied to by the Establishments, it cannot guarantee that the User will get a reply for his communications posted to the Establishments.
ii) Prices of the Services are always set by the Establishments only and 99Grills is not involved in setting the prices mentioned to you in the quotations that you receive from the Establishments on the Platform. However, 99Grills may give you an indication only of the approximate price of the services that you wish to avail and such approximations should not be taken as the full and final prices of the Services.
You understand that 99Grills is in no way responsible for :
i) your communications and interactions with other users, including Establishments, on the Platform the outcome of your interactions with other Users on the Platform;
ii) browsing and searching done by you before deciding to avail the services of a Establishment;
iii) your decision to avail the services of a Establishment;
iv) cancellation or unresponsiveness of the Establishments to your Enquiries;
v) non-availability of the Establishments or any of their equipment, services, etc.;
vi) any violation of the IP rights of a third party by you;
vii) any violation of any applicable laws and regulations at the federal, state, local and international level as a result of your actions, including without limitation any content submitted by you on the Platform.
All information provided by Users and Establishments are self-declared and not verified by the Company/Platform. You must have the rights and/or permissions to share all Content (text, images, videos, design files, etc.) that you submit to the Platform as part of your Profile and all such content must be your own creation. If you have used any materials that are owned by another person, then you must have the appropriate license that grants you
the permission to use them. Any content submitted by you must not infringe upon the intellectual property (trademark, copyright, patent or any other proprietary rights) of a third party. If you violate these policies, you will be solely responsible for your actions and will hold the Platform and Company indemnified and harmless against any claims that may arise by third parties.
You also warrant that 99Grills will not need to obtain licenses or pay any kind of royalties to any third-party with respect to your Content.
Customers and / or Establishments acknowledges and agrees that 99Grills may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and film, posting, listing, order placed or equiry posted on the Platform to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as the Company/ Platform sees fit, and the Company/Platform does not claim any ownership rights in any such Content.
99Grills offers information and a method to obtain such services, but does not and does not intend to provide the services or act in any way as a service provider and has no responsibility or liability for any services provided to you by participating Establishments. Our responsibilities are limited to facilitating the availability of the Services.
he Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platforms. Users can’t copy, adapt, modify any content without written permission of the Company.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the 99Grills Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
If you are accessing the Platform from outside the territory of India, then you must be competent to contract as per the local laws of your location.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the software as a service offered on the Platform, or any portion thereof, at any time, without notice or cause. 99Grills also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of 99Grills and/or other visitors to the web site. 99Grills reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 hereinabove.
By using this Platform, and providing his/her contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to email@example.com with the subject [Unsubscribe].
User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.
To fully avail the Services of the Platform and use of it, registration is required. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Gender, Mobile Number, Email id, Profession, Date of Birth etc. 99Grills also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.
99Grills uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by 99Grills shall only be through the above mediums which will be be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by 99Grills apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and 99Grills bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
Registration for this application is available only to those above the age of 13 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the application, You may do so through Your legal guardian and Hubble IT Solutions Private Limited reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your 99Grills Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your 99Grills Account.
Establishments may access the services by registering as an Establishment on the 99Grills Platform by providing the following information which inter alia includes the Establishment Name, Email Id, Phone numbers, Address, Location, Menu details, Table Capacity, Estimated Cost for 2 people, Cuisines served,Room layout and session timings etc.
Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
The use of the 99Grills Platform by the User is free of cost. The User will have to pay for the Services availed from any of the Establishments. Users are required to make payments in accordance with Clause 10 of this Agreement. The Establishments are charged on a monthly basis for the use of the 99Grills Platform. Failure to pay on time could entitle 99Grills to block the Establishments from using the Platform. 99Grills may charge the Establishments a late fee if the Establishments fail to make the payments even after the due date.
The Company reserves the right to amend the fee policy for use of the Platforms, the download of the Platform and the charges for any or all services offered/rendered. In such an event, the User will be intimated of the same when it attempts to access the Platform, and the User shall have the option of declining to avail of the services offered on the Platform. Any such change, if made, shall com into effect immediately upon such change being notified to the User, unless specified otherwise.
To process financial transactions on the Platform, We use third-party electronic payment processors or service providers (“ESPs”). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b) Visa Debit cards issued by domestic banks and those which are acceptable by the ESP;
c) Net banking/Direct Debit payments from select banks in India;
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safe key to complete the transaction.
The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By using the Platform, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Platform, or affiliated Platforms where reference to such affiliated Platforms has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
The User agrees and acknowledges that he/she is a restricted User of this Platform, and that he/she:
a) agrees to provide genuine credentials during the process of registration on the 99Grills Platform. You shall not use a fictitious identity to register.We are not liable if the User provide incorrect information or if Establishments doesn’t update the Platform.
b) agrees to ensure the email address and mobile number provided during account Registration are valid at all times and shall keep your contact information accurate and up-to-date.In Case of change in mobile number, the User will have to create a new User account. The user can update his/her email id anytime.
c) agrees that he/she are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d) Understands and acknowledges that the offers published by Establishments, are solely that Establishments responsibility to give it to Customer or not. 99Grills shall not be liable for any offers claimed or unclaimed. Establishments reserve right to change amend or withdraw offers without prior notice
e) Understands that if customers delete the Platform but claim that they have made the Reservations and the Reservation request received, then 99Grills shall not be responsible for that.
f) Authorizes 99Grills to use, store or otherwise process Your personal information in order to make Reservations for You and for marketing and promotional purposes.
g) Agrees and understands that he/she can use only after login. User can do only one get in line or Reservation per session per day.
h) Agrees and understands that he/she can cancel his Reservation
i) Agrees and understand that if he/she make a reservation and is a No Show at Establishments, he/she will be refrained to make any reservation for the same day.
The Establishments agrees and acknowledges that it is a restricted User of this Platform, and that:
a) It agrees to provide genuine credentials during the process of registration on the Platform.
b) It agrees to ensure the email address and mobile numbers provided during account Registration are valid at all times and shall keep your contact information accurate and up-to-date.
c) It agrees that they are solely responsible for maintaining the confidentiality of their account passwords. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d) It understands and acknowledges that the offers published by Establishments, are solely that Establishments responsibility to give it to Customer or not. 99Grills shall not liable for any offers claimed or unclaimed.
e) It understands that if Users delete the Platform but claim that they have made the Reservations and the Reservation request received, then 99Grills shall not responsible for that.
f) It authorizes99Grillsto use, store or otherwise process Your personal information in order to make Reservations for You and for marketing and promotional purposes.
g) It agrees and understands that Establishments are restricted to share password from anyone and maintaining the confidentiality of the Password. 99Grills is not be liable for any consequences arising out of such cases.
h) It has to make monthly payments for the use 99Grills Platform before the Due date. 99Grills has full freedom to block the Establishments using the app, incase of default of the payment. 99Grills can charge a late fee if the Establishments do not pay even after the due date.
i) It will need to sign a contract with Us for the use of the Services.
j) It is required any moveable property given by the Company for the purpose of this Agreement.
k) It must fulfill any offers that are listed on the Platform. The Establishments shall be liable to provide an explanation if it fails to fulfill any offer that is listed by it
l) It shall be liable for updating information on the host app. failing to do so, 99Grills is not liable for wrong or inaccurate wait time information or reservation availability showing on Customer Platform.
m) It shall be liable for making any change in settings and publishing the data on the customer app, after the guest has made reservation.
n) It is liable for publishing the rates on the menu card.
p) It is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Platform is expressly prohibited.
q) It agrees not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform, as detailed in Section
herein below. The User acknowledges and agrees that by accessing or using the Platform or any of the services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company/Platform disclaims any and all liabilities arising in relation to such offensive content on the Platform. The User expressly agrees and acknowledges that the services displayed on the Platform may not be owned by the Company/Platform, and that the same may be the exclusive property of certain third parties who have chosen to market their services through the Company’s Platform, and that the Company/Platform is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
r) In places where Platform permits the User to post, or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Platform immediately and without notice, and further that the User’s access to the Platform may also be permanently revoked, at the sole discretion of the Company.
Further undertakes not to:
i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii) Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform);
iii) Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v) Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform;
vii) Download any file posted/uploaded by another User of the Platform that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii) Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other Customer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
ix) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked Platforms;
x) Collect or store data about other Users of the Platform.
xi) Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
xii) Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
xiii) Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv) Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi) Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii) Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii) Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Platform;
xix) Engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services not currently displayed on the Platform. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform in Order to harass, abuse, or harm another person, or in Order to contact, advertise to, solicit, or sell to another User of the Platform without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
Not with standing other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the application to the User, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the Participating Establishment fails to make the payments on time.
d) If the User’s actions may cause any harm, damage or loss to the other Users/ participating Establishments or to the Platform/Company, at the sole discretion of the Company.
i) Your use of the website,
ii) Any Discussions or Messages you provide;
iii) Your violation of these Terms and Conditions;
iv) Your violation of any rights of another;
v) Your conduct in connection with the Platform(s); or
vi) Any food or services purchased or obtained by you in connection with the platform(s).
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent. In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the services or materials contained therein.
The Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Platform or any product purchased or service availed of by the User through Platform. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
Users may be held legally responsible for damages suffered by other Users, the Platform or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Platform. All Customers and Establishments
are to comply with all laws applicable to them or to their activities, and with all posted 99Grills Policies, which are hereby incorporated into this Agreement by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the the Platform.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned services are listed for sale to the Users of the Platform, and the neither the Company nor the Platform owns any of the intellectual property relating to the services displayed on the Platform.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Except as otherwise expressly stated on the Platform, all services offered on the Platform are offered on an "as is" basis without any warranty whatsoever, either express or implied.
The User agrees and undertakes that it is accessing the Platform and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the Platform, or accessing/using any information displayed thereon.
The Company/Platform makes no representations as to the reliability, capability, honesty or qualifications of any Establishment or the quality, security or legality of any Services and 99Grills disclaims any and all liability relating thereto. The Company/Platform does not implicitly or explicitly support or endorse the procurement of any Service/ Establishment on the Platform.
The User agrees that any kind of information, resources, activities, recommendations obtained/availed from webstite/application, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Platform and the Platform doesn’t make any warranty about the conduct of Users on the Platform.
The Company/Platform does not guarantee that the functions and services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
The Platform may avail services from third party to serve you better and these services will be provided on “as is” basis and the Platform disclaims any liabilities resulting from these third party services. The Platform will not be responsible for any internet delays and damages caused by such problems.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the Users to the Company or this Platform will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that it owns or otherwise controls all of the rights to the content contributed to the Platform, and that use of such content by the Company/Platform does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Platform by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Platform, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Gurgaon, India;
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Haryana, India, and that the Courts at Gurgaon, shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User writing an email to firstname.lastname@example.org.
Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Contact Us: The Users can use the “Contact Us” section on the website or email Us at email@example.com for any help, questions and concerns in the use of or technical problems occurring in the Platform.
“You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Application.
“Application”, shall mean and refer to 99 Grills created by Hubble IT Solutions Private Limited.
“Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. To clear any doubts, please refer to Clause 2 below.
Third Parties” refer to any Application, company or individual apart from the User and the creator of the Application.
We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:
We collect personal information for users which includes, but is not limited to, Name, Gender, Mobile Number, Email id, Profession, Date of Birth, etc and Other information relevant to customer surveys and/or offers etc.
Establishments’ data such as Name, Email Id, Phone numbers, Address, Location, Menu details, Tables capacity, Cuisines served, Room layout, session timings etc.
Tracking Information such as, the IP address of your device, Device ID, etc when connected to the Internet.
The Application may include hyperlinks to other Applications, Applications content or resources. However, we have no control over such external links present in the Application, which are provided by persons or companies other than Us. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website or application in question.
You acknowledge and agree that We are not responsible for any collection or disclosure of your Personal Information by any external sites, Application, companies or persons, nor do We endorse any advertising, products or other material on or available from such external Application, Applications or resources.
We may allow third parties/individuals to display advertisements when you use the Application.
The information provided by You at the time of registration and as feedback shall be used to contact You when necessary. For more details about the nature of such communications, please refer to our Terms of Service. Further, Your personal details may be collected and stored by us for internal record.
We require this information to understand your needs, and provide you with a better service, and in particular for the following reasons:
1. Internal record keeping.
2. To Provide your information to Establishments using our 99Grills Host Application to facilitate the reservation of tables and online ordering.
3. We may use the information to improve our products and services.
4. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information.
99Grills uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by 99Grills shall only be through the above mediums which will be be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by 99Grills apart from those that was permitted during Sign Up process.
However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and 99Grills bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
We use data collection devices such as "cookies" on certain pages of our Applications. "Cookies" are small files sitting on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie". Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users.
1) Understand and save user's preferences for future visits.
2) Keep track of advertisements.
3) Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Application.
Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply . A cookie cannot read data off your hard drive.
Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Application.
Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Application.
Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.
Any information that you make publically available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties.
Following registration, You can review and change the information You submitted at the stage of registration, except Your display name/ user name and mobile number. An option for facilitating such change shall be present on the home screen of the Application and your personal account at www.99Grills.com. If You change any information, We may keep track of Your old information. User can edit profile with edit profile section on the application and establishments also can edit information from Host Application by emailing us.
We shall retain in Our files, information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of your personally identifiable information shall be completely removed from our databases in response to Your requests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure by members inside and outside the Company, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.
You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Application or otherwise and Your use and access of Applications, Application and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.
The Users can use the “Contact Us” section on the Application/ Website or email Us at firstname.lastname@example.org for any help, questions and concerns in the use of or technical problems occurring in the Application.