Terms and Conditions:
I. Acceptance of Terms: Thank you for using Ajay’s Delhiwala Sweet home. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Ajay’s Delhiwala Sweet home website at www.ajaysdelhiwala.com (the "Site") and any related mobile or software applications ("Ajay’s Delhiwala Sweet home Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services"). These Terms are effective for all existing and future Ajay’s Delhiwala Sweet home users, including but without limitation to users having access to 'restaurant business page’. Please read these Terms carefully. By accessing or using Ajay’s Delhiwala Sweet home Platform, you are agreeing to these Terms and concluding a legally binding contract with Ajay’s Delhiwala Sweet home and/or its affiliates (hereinafter collectively referred to as "Ajay’s Delhiwala Sweet home"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Ajay’s Delhiwala Sweet home Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. In order to use the Services, you must first agree to the Terms. You can accept the Terms by: Clicking to accept or agree to the Terms, where it is made available to you by Ajay’s Delhiwala Sweet home in the user interface for any particular Service; or actually, using the Services. In this case, you understand and agree that Ajay’s Delhiwala Sweet home will treat your use of the Services as acceptance of the Terms from that point onwards.
II. Definitions
User
"User" or "You" or "“Your" refers to you, as a user of the Services. A
user is someone who accesses or uses the Services for the purpose of
sharing, displaying, hosting, publishing, transacting, or uploading
information or views or pictures and includes other persons jointly
participating in using the Services including without limitation a user
having access to 'restaurant page' or otherwise.
Content
"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. "Ajay’s Delhiwala Sweet
home Content" means content that Ajay’s Delhiwala Sweet home creates 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 Ajay’s Delhiwala
Sweet home or its users and is available on the Services.
Restaurant(s)
"Restaurant" means the restaurant of Ajay’s Delhiwala Sweet home and any
related mobile or software applications of Ajay’s Delhiwala Sweet home.
III. Eligibility to use the services
1.You hereby represent and warrant that you are at least eighteen (18)
years of age or above and are fully able and competent to understand and
agree the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms. 2.Compliance with Laws. You are
following all laws and regulations in the country in which you live when
you access and use the Services. You agree to use the Services only in
compliance with these Terms and applicable law, and in a manner that does
not violate our legal rights or those of any third party(ies).
IV. Changes to the Terms
Ajay’s Delhiwala Sweet home may vary or amend or change or update these
Terms, from time to time entirely at its own discretion. You shall be
responsible for checking these Terms from time to time and ensure
continued compliance with these Terms. Your use of Ajay’s Delhiwala Sweet
home Platform after any such amendment or change in the Terms shall be
deemed as your express acceptance to such amended/changed terms and you
also agree to be bound by such changed/amended Terms.
V. Translation of the Terms
Ajay’s Delhiwala Sweet home may provide a translation of the English
version of the Terms into other languages. You understand and agree that
any translation of the Terms into other languages is only for your
convenience and that the English version shall govern the terms of your
relationship with Ajay’s Delhiwala Sweet home. Furthermore, if there are
any inconsistencies between the English version of the Terms and its
translated version, the English version of the Terms shall prevail over
others.
VI. Provision of the Services being offered by Ajay’s Delhiwala Sweet
home
1. Ajay’s Delhiwala Sweet home is constantly evolving in order to
provide the best possible experience and information to its users.
You acknowledge and agree that the form and nature of the Services
which Ajay’s Delhiwala Sweet home provides, may require effecting
certain changes in it, therefore, Ajay’s Delhiwala Sweet home
reserves the right to suspend/cancel, or discontinue any or all
products or services at any time without notice, and to make
modifications and alterations in any or all of its contents,
products, and services contained on the site without any prior
notice.
2. You acknowledge and agree that if Ajay’s Delhiwala Sweet home
disables access to your account, you may be prevented from accessing
the Services, your account details or any files or other content,
which is contained in your account.
3. You acknowledge and agree that while Ajay’s Delhiwala Sweet home may
not currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services, Ajay’s
Delhiwala Sweet home may set such fixed upper limits at any time,
at its discretion.
4. By using Ajay’s Delhiwala Sweet home's Services you agree to the
following DISCLAIMERS:
i) The Content on these Services is for informational purpose only.
Ajay’s Delhiwala Sweet home disclaims any liability for any
information that may have become outdated since the last time the
particular piece of information was updated. Ajay’s Delhiwala Sweet
home reserves the right to make changes and corrections to any part
of the Content on these Services at any time without prior notice.
Ajay’s Delhiwala Sweet home does not guarantee quality of the goods,
the prices listed in menus or the availability of all menu items at
any restaurant. Unless stated otherwise, all pictures and
information contained on these Services are believed to be owned by
or licensed to Ajay’s Delhiwala Sweet home. Please email a takedown
request (by using the "Contact Us" link) to the webmaster if you are
the copyright owner of any Content on these Services and you think
the use of the above material violates your copyright in any way.
Please indicate the exact URL of the webpage in your request. All
images shown here have been digitized by Ajay’s Delhiwala Sweet
home. No other party is authorized to reproduce or republish these
digital versions in any format whatsoever without the prior written
permission of Ajay’s Delhiwala Sweet home.
ii)Any certification,
licenses or permits ("Certification") or information in regard to
such Certification that may be displayed on the Restaurant's
listing page on the Platform is for informational purposes only. Such
Certification is displayed by Ajay’s Delhiwala Sweet home on an 'as
available' basis that is provided by Ajay’s Delhiwala Sweet home. Ajay’s
Delhiwala Sweet home does not make any warranties about the validity,
authenticity, reliability, and accuracy of such Certification or any
information displayed in this regard. Any reliance by a user upon the
Certification or information thereto shall be strictly at such user's own
risk and Ajay’s Delhiwala Sweet home in no manner shall assume any
liability whatsoever for any losses or damages in connection with the use
of this information or for any inaccuracy, invalidity or discrepancy in
the Certification or non-compliance of any applicable local laws or
regulations by the Restaurant.
5.Ajay’s Delhiwala Sweet home reserves the
right to charge a subscription and/or membership and/or a convenience
fees from a user, by giving reasonable prior notice, in respect of any
product, service or any other aspect of its Platform anytime in the
future.
6.Ajay’s Delhiwala Sweet home may from time to time introduce
referral and/or incentive-based programs for its users (Program). These
Program(s) maybe governed by their respective terms and conditions. By
participating in the Program, Users are bound by the Program terms and
conditions as well as Ajay’s Delhiwala Sweet home Platform terms. Further,
Ajay’s Delhiwala Sweet home reserves the right to terminate / suspend the
User's account and/or credits / points earned and/or participation of the
User in the Program if Ajay’s Delhiwala Sweet home determines in its sole
discretion that the User has violated the rules of the Program and/or has
been involved in activities that are in contravention of the Program’s
Terms and/or Ajay’s Delhiwala Sweet home Platform Terms or has engaged
in activities which are fraudulent / unlawful in nature. Furthermore,
Ajay’s Delhiwala Sweet home reserves the right to modify, cancel and
discontinue its Program without prior notice to the User.
VII. Use of Services by you or user
1. Ajay’s Delhiwala Sweet home User Access
a. You authorize us to collect your authentication information, and other
information that may be available on or through your login credentials
while making the payment with your applicable settings and instructions.
b. You represent to us that all the information provided to us in such
process are true, accurate and correct, and that you will update your
information as and when necessary in order to keep it accurate. You may
not impersonate someone else or use an account for anyone other than
yourself, provide an email address other than your own, create multiple
accounts except as otherwise authorized by us, or provide or use false
information to obtain access to the business' listing of the Services
that you are not legally
entitled. You acknowledge that any false claiming of a business listing/s
may cause Ajay’s Delhiwala Sweet home to incur substantial economic
damages and losses for which you may be held liable and accountable. c.
You are also responsible for all activities indulged by you while placing
the order. You agree to notify us immediately of any unauthorized use in
order to enable us to take necessary corrective action. You also agree
that you will not allow any third party to use your Ajay’s Delhiwala
Sweet home credentials for any purpose and that you will be liable for
such unauthorized access.
2. Other Terms
a. In order to connect you to certain technicalities, we provide value
added telephony services through our phone lines, which are displayed on
the restaurant listing page of Ajay’s Delhiwala Sweet home Platform. We
might record all information regarding this call including the voice
recording of the conversation between you, and the restaurant (for
internal billing tracking purposes and customer service improvement at
the restaurant's end). If you do not wish that your information be
recorded in such a manner, please do not use the telephone services
provided by Ajay’s Delhiwala Sweet home. You explicitly agree and permit
Ajay’s Delhiwala Sweet home to record all this information when you avail
the telephony services through the Ajay’s Delhiwala Sweet home provided
phone lines on its Platform. b. You agree to use the Services only for
purposes that are permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in the relevant
jurisdictions of Coimbatore. c. You agree not to access (or attempt to
access) any of the Services by any means other than the interface that
is provided by Ajay’s Delhiwala Sweet home, unless you have been
specifically allowed to do so, by way of a separate agreement with them.
You specifically agree not to access (or attempt to access) any of the
Services through any automated means (including use of scripts or web
crawlers) and shall ensure that you comply with the instructions set out
in any robots.txt file present on the Services. d. You agree that you
will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the
Services). You shall not delete or revise any material or information
posted by you or any other User(s) on behalf of you and anyone else apart
from you, shall not engage in spamming, including but not limited to any
form of emailing, posting or messaging that is unsolicited.
VIII. Content
1. Ownership of Ajay’s Delhiwala Sweet home Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our
Content. We also exclusively own the copyrights, trademarks, service
marks, logos, trade names, trade dress and other intellectual and
proprietary rights throughout the world (the "IP Rights") associated with
the Services and Ajay’s Delhiwala Sweet home Content, which may be
protected by copyright, patent, trademark and other applicable
intellectual property and proprietary rights and laws. You acknowledge
that the Services contain original works and have been developed,
compiled, prepared, revised, selected, and arranged by us and others
through the application of methods and standards of judgment developed
and applied through the expenditure of substantial time, effort, and
money and constitutes valuable intellectual property of us and such
others. You further acknowledge that the Services may contain information
which is designated as confidential by Ajay’s Delhiwala Sweet home and
that you shall not disclose such information without their prior written
consent. b. You agree to protect Ajay’s Delhiwala Sweet home's proprietary
rights and the proprietary rights of all others having rights in the
Services during and after the term of this agreement and to comply with
all reasonable written requests made by us or our suppliers and licensors
of content or otherwise to protect their and others' contractual,
statutory, and common law rights in the Services. You acknowledge and
agree that Ajay’s Delhiwala Sweet home own all legal rights, title, and
interest in and to the Services, including any IP Rights which subsist
in the Services (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). Unless you have agreed
otherwise in writing with Ajay’s Delhiwala Sweet home, nothing in the
Terms gives you a right to use any of its trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features. c. You
agree not to use any framing techniques to enclose any trademark or logo
or other proprietary information of Ajay’s Delhiwala Sweet home, or
remove, conceal or obliterate any copyright or other proprietary notice
or source identifier, including without limitation, the size, color,
location or style of any proprietary mark(s). Any infringement shall lead
to appropriate legal proceedings against you at appropriate forum for
seeking all available/possible remedies under applicable laws of the
country of violation. You cannot modify, reproduce, publicly display or
exploit in any form or manner whatsoever any of Ajay’s Delhiwala Sweet
home's Content in whole or in part except as expressly authorized by it.
d. To the fullest extent permitted by applicable law, we neither warrant
nor
represent that your use of materials displayed on the Services will not
infringe rights of the third parties not owned by or affiliated with us.
You agree to immediately notify us upon becoming aware of any claim that
the Services infringe upon any copyright trademark, or other contractual,
intellectual, statutory, or common law rights by following the
instructions contained below in section
2. Your License to Ajay’s Delhiwala Sweet home Content
a. 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 Ajay’s Delhiwala Sweet home 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, Ajay’s Delhiwala Sweet home
Content or our IP Rights. b. 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 depending on the circumstances.
3. Ajay’s Delhiwala Sweet home License to Your or User Content
By submitting Your Content, you hereby irrevocably grant Ajay’s Delhiwala
Sweet home 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 the 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 Ajay’s Delhiwala
Sweet home or its Users, any third-party services and their users.
4. Representations Regarding Your or User Content
a. 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 b. 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. c. 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 the 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 the 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 Ajay’s Delhiwala Sweet home.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove,
block, or disable access to any Content that we, for any reason or no
reason, consider to be objectionable, in violation of the Terms or
otherwise harmful to the Services or our users in our sole discretion.
Subject to the requirements of applicable law, we are not obligated to
return any of Your Content to you under any circumstances. Further, the
Restaurant reserves the right to delete any images and pictures forming
part of the User Content, from such Restaurant's listing page at its sole
discretion
6. Third Party Content and Links
a. Some of the content available through the Services may include or link
to materials that belong to the third parties, such as third-party
reservation services or online food delivery/ordering/payment. Please
note that your use of such third-party services will be governed by the
terms of service and privacy policy applicable to the corresponding third
party. We may obtain business addresses, phone numbers, and other contact
information from third party vendors who obtain their data from public
sources. b. We have no control over, and make no representation or
endorsement regarding the accuracy, relevancy, copyright compliance,
legality, completeness, timeliness or quality of any product, services,
advertisements and other content appearing in or linked to from the
Services. We do not screen or investigate third party materials before
or after including it on our Services. c. We reserve the right, in our
sole discretion and without any obligation, to make improvements to, or
correct any error or omissions in any portion of the content accessible
on the Services. Where appropriate, we may in our sole discretion and
without any obligation, verify any updates, modifications, or changes to
any content accessible on the Services, but shall not be liable for any
delay or inaccuracies related to such updates. You acknowledge and agree
that Ajay’s Delhiwala Sweet home is not responsible for the availability
of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web
sites or resources. d. Third party content, does not reflect our views
or that of our parent, subsidiary, affiliate companies, branches,
employees, officers, directors, or shareholders. In addition, none of the
content available through the Services is endorsed or certified by the
providers or licensors of such third-party content. We assume no
responsibility or liability for any of Your Content or any third-party
content. e. You further acknowledge and agree that Ajay’s Delhiwala Sweet
home is not liable for any loss or damage which may be incurred by you
as a result of the availability of those external sites or resources, or
as a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on, or
available from, such web sites or resources. Without limiting the
generality of the foregoing, we expressly disclaim any liability for any
offensive, defamatory, illegal, invasive, unfair, or infringing content
provided by the third parties.
7. User Reviews
a. User reviews or ratings for the Restaurant do not reflect the opinion
of Ajay’s Delhiwala Sweet home. Ajay’s Delhiwala Sweet home receives
multiple reviews or ratings for Restaurants by users, which reflect the
opinions of the Users. It is pertinent to state that each and every review
posted on Ajay’s Delhiwala Sweet home is the personal opinion of the
user/reviewer only. b. We are a neutral platform and we don't arbitrate
disputes, however in case if someone writes a review that the restaurant
does not consider to be true, the restaurant representative would be able
to contact the reviewer or post a public response in order to clear up
any misunderstandings. If the User or Reviewer believes that any
particular user's review violates any of Ajay’s Delhiwala Sweet home'
policies, the user may write to us at info@ajaysdelhiwalasweethome.com
and bring such violation to our attention. Ajay’s Delhiwala Sweet home
may remove the review in its
sole discretion if the review is in violation of the Terms, or content
guidelines and policies or otherwise harmful to the Services.
IX. Content Guidelines and Privacy Policy
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines
and Polices related to Content
2. Privacy Policy
You represent that you have read, understood and agreed to our Privacy
Policy. Please note that we may disclose information about you to the
third parties or government authorities if we believe that such a
disclosure is reasonably necessary to (i)Take action regarding suspected
illegal activities; (ii)Enforce or apply our Terms and Privacy Policy
(iii)Comply with legal process or other government inquiry, such as a
search warrant, subpoena, statute, judicial proceeding, or other legal
process/notice served on us; or (iv)Protect our rights, reputation, and
property, or that of our users, affiliates, or the general public
X. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services,
you specifically agree not to post or transmit any content (including
review) or engage in any activity that in our sole discretion:
1.Violate our Guidelines and Polices 2. Is harmful, threatening, abusive,
harassing, tortious, indecent, defamatory, discriminatory, vulgar,
profane, obscene, libellous, hateful or otherwise objectionable, invasive
of another's privacy, relating or encouraging money laundering or gambling
3. Constitutes an inauthentic or knowingly erroneous review, or does not
address the goods and services, atmosphere, or other attributes of the
business you are reviewing. 4.Contains material that violates the
standards of good taste or the standards of the Services
5.Violates any third-party right, including, but not limited to, right
of privacy, right of publicity, copyright, trademark, patent, trade
secret, or any other intellectual property or proprietary rights 6.
Accuses others of illegal activity, or describes physical confrontations
7. Alleges any matter related to health code violations requiring
healthcare department reporting. Refer to our Guidelines and Policies for
more details about health code violations. 8.Attempts to impersonate
another person or entity; 9.Disguises or attempts to disguise the origin
of Your Content, including but not limited to by: (i)Submitting Your
Content under a false name or false pretences; or (ii)Disguising or
attempting to disguise the IP address from which Your Content is submitted
10.Constitutes a form of deceptive advertisement or causes, or is a result
of, a conflict of interest 11.Is commercial in nature, including but not
limited to spam, surveys, contests, pyramid schemes, postings or reviews
submitted or removed in exchange for payment, postings or reviews
submitted or removed by or at the request of the business being reviewed,
or other advertising materials 12.Asserts or implies that Your Content
is in any way sponsored or endorsed by us 13.Contains material that is
not in English or, in the case of products or services provided in foreign
languages, the language relevant to such products or services 14.Falsely
states, misrepresents, or conceals your affiliation with another person
or entity 15.Accesses or uses the account of without permission
16.Distributes computer viruses or other codes, files, or programs that
interrupt, destroy, or limit the functionality of any computer software
or hardware or electronic communications equipment 17.Interferes with,
disrupts, or destroys the functionality or use of any features of the
Services or the servers or networks connected to the Services 18."Hacks"
or accesses without permission our proprietary or confidential records,
records of another user, or those of anyone else
19.Violates any contract or fiduciary relationship (for example, by
disclosing proprietary or confidential information of your employer or
client in breach of any employment, consulting, or non-disclosure
agreement) 20.Decompiles, reverse engineers, disassembles or otherwise
attempts to derive source code from the Services 21.Removes, circumvents,
disables, damages or otherwise interferes with security-related features,
or features that enforce limitations on use of the Services 22.Violates
the restrictions in any robot exclusion headers on the Services, if any,
or bypasses or circumvents other measures employed to prevent or limit
access to the Services 23.Collects, accesses, or stores personal
information about other users of the Services 24.Is posted by a bot
25.Harms minors in any way 26.Threatens the unity, integrity, defense,
security or sovereignty of India or of the country of use, friendly
relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation 27.Modifies, copies, scrapes or
crawls, displays, publishes, licenses, sells, rents, leases, lends,
transfers or otherwise commercialize any rights to the Services or Our
Content or 28.Attempts to do any of the foregoing. 1. You acknowledge
that Ajay’s Delhiwala Sweet home has no obligation to monitor your – or
anyone else's – access to or use of the Services for violations of the
Terms, or to review or edit any content. However, we have the right to
do so for the purpose of operating and improving the Services (including
without limitation for fraud prevention, risk assessment, investigation
and customer support purposes), to ensure your compliance with the Terms
and to comply with applicable law or the order or requirement of legal
process, a court, consent decree, administrative agency or other
governmental body 2. You hereby agree and assure Ajay’s Delhiwala Sweet
home that its Platform/Services shall be used for lawful purposes only
and that you will not violate laws, regulations, ordinances or
other such requirements of any applicable Central, or local State
government or international law(s). You shall not upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam mail, chain letters
or any other form of solicitation, encumber or suffer to exist any lien
or security interest on the subject matter of these Terms or to make any
representation or warranty on behalf of Ajay’s Delhiwala Sweet home in
any form or manner whatsoever 4. Any Content uploaded by you, shall be
subject to relevant laws of India and of the country of use and may be
disabled, or and may be subject to investigation under applicable laws.
Further, if you are found to be in non-compliance with the laws and
regulations, these terms, or the privacy policy of Ajay’s Delhiwala
Sweet home Platform, Ajay’s Delhiwala Sweet home shall have the right to
immediately block your access and usage of its Platform and Ajay’s
Delhiwala Sweet home shall have the right to remove any non-compliant
content and or comment forthwith, uploaded by you and shall further have
the right to take appropriate recourse to such remedies as would be
available to it under various statutes.
XI. User feedback
1.If you share or send any ideas, suggestions, changes or documents
regarding Ajay’s Delhiwala Sweet home's existing business ("Feedback"),
you agree that (i) your Feedback does not contain the confidential,
secretive or proprietary information of third parties (ii) Ajay’s
Delhiwala Sweet home is under no obligation of confidentiality with
respect to such Feedback, and shall be free to use the Feedback on an
unrestricted basis (iii) Ajay’s Delhiwala Sweet home may have already
received similar Feedback from some other user or it may be under
consideration or in development, and (iv) By providing the Feedback, you
grant us a binding, non-exclusive, royalty-free, perpetual, global
license to use, modify, develop, publish, distribute and sublicense the
Feedback, and you irrevocably waive, against Ajay’s Delhiwala Sweet home
and its users any claims/assertions, whatsoever of any nature, with regard
to such Feedback. 2.Please provide only specific Feedback on Ajay’s
Delhiwala Sweet home's existing products or marketing strategies; do not
include any ideas that Ajay’s Delhiwala Sweet home's policy will not
permit it to accept or consider. 3.Notwithstanding the abovementioned
clause, Ajay’s Delhiwala Sweet home or any of its employees do not accept
or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new or improved products or technologies,
product enhancements, processes, materials, marketing plans or new
product names. Please do not submit any unsolicited ideas, original
creative artwork, suggestions or other works
("Submissions") in any form to Ajay’s Delhiwala Sweet home or any of its
employees. 4.The purpose of this policy is to avoid potential
misunderstandings or disputes when Ajay’s Delhiwala Sweet home's products
or marketing strategies might seem similar to the ideas submitted to
Ajay’s Delhiwala Sweet home. If, despite our request to not send us your
ideas, you still submit them, then regardless of what your letter says,
the following terms shall apply to your Submissions. 5.Terms of Idea
Submission You agree that: (1) Your Submissions and their Contents will
automatically become the property of Ajay’s Delhiwala Sweet home, without
any compensation to you (2) Ajay’s Delhiwala Sweet home may use or
redistribute the Submissions and their Contents for any purpose and in
any way (3) There is no obligation for Ajay’s Delhiwala Sweet home to
review the Submission; and (4) There is no obligation to keep any
Submissions confidential.
XII. Advertising
1.Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be
targeted to the content of information stored on the Services, queries
made through the Services or other information. The manner, mode and
extent of advertising by Ajay’s Delhiwala Sweet home on the Services are
subject to change without specific notice to you. In consideration for
Ajay’s Delhiwala Sweet home granting you access to and use of the Services
you agree that Ajay’s Delhiwala Sweet home may place such advertising on
the Services. 2.Part of the site may contain advertising information or
promotional material or other material submitted to Ajay’s Delhiwala Sweet
home by third parties or Users. Responsibility for ensuring that the
material submitted for inclusion on the Ajay’s Delhiwala Sweet home
Platform or mobile apps complies with applicable international and
national law is exclusively on the party providing the
information/material. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than Ajay’s Delhiwala
Sweet home found on or through the Ajay’s Delhiwala Sweet home Platform
and or mobile apps, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, shall be solely between you and such
advertiser. Ajay’s Delhiwala Sweet home will not be
responsible or liable for any error or omission, inaccuracy in advertising
material or any loss or damage of any sort incurred as a result of any
such dealings or as a result of the presence of such other advertiser(s)
on Ajay’s Delhiwala Sweet home Platform and mobile application. 3.For any
information related to a charitable campaign ("Charitable Campaign") made
available to Users and/or displayed on the Ajay’s Delhiwala Sweet home
Platform where Users have an option to donate money by way of (a) payment
on a third-party website; or (b) depositing funds to a third-party bank
account, Ajay’s Delhiwala Sweet home is not involved in any manner in the
collection or utilization of funds collected pursuant to the Charitable
Campaign. Ajay’s Delhiwala Sweet home does not accept any responsibility
or liability for the accuracy, completeness, legality or reliability of
any information related to the Charitable Campaign. Information related
to the Charitable Campaign is displayed for informational purposes only
and Users are advised to do an independent verification before taking any
action in this regard.
XIII. Additional Terms and Conditions for Users using the various services
offered by Ajay’s Delhiwala Sweet home:
1. ONLINE ORDERING:
1.Ajay’s Delhiwala Sweet home provides online ordering services by
entering into contractual arrangements with the Users for the purpose of
listing their menu items or the Products (as defined below) for online
ordering for the Users only on Ajay’s Delhiwala Sweet home Platform.
2.The Users can access the menu items or Products listed on the Ajay’s
Delhiwala Sweet home Platform and place online orders against available
resources through its platform. 3.Your request to order food and beverages
or Products from the Restaurant on Ajay’s Delhiwala Sweet home Platform
shall constitute an unconditional and irrevocable authorization issued
in favor of Ajay’s Delhiwala Sweet home to record the online orders for
food and beverages or Products on your behalf. 4.Delivery of an order
placed by you through Ajay’s Delhiwala Sweet home Platform be undertaken
directly by the Restaurant facilitated by Ajay’s Delhiwala Sweet home
through third-party who may be available to provide delivery services to
you (“Delivery Partners”). In both these cases, Ajay’s Delhiwala Sweet
home is merely acting as an intermediary between you and the Delivery
Partners, or you. 5.The acceptance by a Delivery Partner of undertaking
delivery of your order shall constitute a contract of service under the
Consumer Protection
Act, 2019 or any successor legislations, between you and the Delivery
Partner, to which Ajay’s Delhiwala Sweet home is not a party under any
applicable law. It is clarified that Ajay’s Delhiwala Sweet home does not
provide any delivery or logistics services and only enables the delivery
of food and beverages or Products ordered by the Users through Ajay’s
Delhiwala Sweet home Platform by connecting the Users with the Delivery
Partners, as the case may be. 6.Where Ajay’s Delhiwala Sweet home is only
facilitating delivery of an order placed by you, they shall not be liable
for any acts or omissions on part of the Delivery Partner including
deficiency in service, wrong delivery of order, time taken to deliver the
order, order package tampering, etc. 7.You may be charged a delivery fee
for delivery of your order by the Delivery Partner or by the Restaurant
as the case may be, (“Delivery Charges"). You agree that Ajay’s Delhiwala
Sweet home is no were responsible for the Collection of Delivery Charges,
for the delivery service provided by the Delivery Partner, as the case
may be. The Delivery Charges may vary from order to order, which may be
determined on multiple factors which shall include but not limited to
Restaurant, order value, distance, and demand during peak hours. Ajay’s
Delhiwala Sweet home will use reasonable efforts to inform you of the
Delivery Charges that may apply to you, provided you will be responsible
for Delivery Charges incurred for your order regardless of your awareness
of such Delivery Charges. For being, the charges would apply as; Rs.40
for the First 4 Kms from the place of the Restaurant; Additional Rs.10
per km thereafter after 4 kms. Delivery Charges to be Paid in Cash to the
Delivery Executive Directly and it would not be Included in the Invoice
Copy issued for the Order you placed.
A. Online Ordering with the Restaurant:
All prices listed on Ajay’s Delhiwala Sweet home Platform are provided
by the Restaurant only. While we take great care to keep them up to date,
the final price charged to you by the Restaurant might change at the time
of delivery depending upon any given situation if any prevails. In the
event of a conflict between the price on Ajay’s Delhiwala Sweet home
Platform and price charged by the Restaurant, the price charged by the
Restaurant in the actual Invoice shall be deemed to be the correct price
excluding the Delivery Charge which is paid to the Delivery Partner and
nowhere Ajay’s
Delhiwala Sweet home to be held responsible for any Delivery Related
Conflicts.
B. Delivery Partner Services
a. Ajay’s Delhiwala Sweet home have a Contractual Agreement with the
Delivery Partner under the name and style “Kovai Delivery Boys” whereby
Ajay’s Delhiwala Sweet home allows Users to place online orders in their
Platform and allows on the user behalf for Kovai Delivery Boys to Deliver
the same at the Pre-determined Prices as mentioned above. b. The Kovai
Delivery Boys Delivery Services are presently only available for Users
in Coimbatore only. c. Ajay’s Delhiwala Sweet home disclaims all
warranties and liabilities associated with the Kovai Delivery Boys. d.
Ajay’s Delhiwala Sweet home disclaims all liability associated with any
harm or injury caused to you upon the services of the Kovai Delivery Boys
for the orders through Ajay’s Delhiwala Sweet home Platform. e. You shall
comply with the applicable law while placing an order for the Kovai
Delivery Boys. f. It is your responsibility to determine the accuracy,
quality, condition or packaging of your Order before accepting the
delivery. In the event of any discrepancy in your order, do not accept
its delivery and report such discrepancy to Ajay’s Delhiwala Sweet home
via writing a mail to us on such discrepancy with the Supporting documents
of the Order (Invoice Copy or Acknowledgement for the Order Placed). Once
the delivery of an order has been accepted by you, Ajay’s Delhiwala Sweet
home shall not be liable for any issue with regard to the order, including
without limitation, any missing product, tampered order or incorrect
delivery from the Kovai Delivery Boys.
C. General Terms and Conditions
a. Ajay’s Delhiwala Sweet home shall not be liable for any acts or
omissions on part of the Delivery Partner including deficiency in service,
wrong delivery of order/ order mismatch, time taken to deliver the order,
etc. b. Please note that some of the food and beverages or Products may
be suitable for certain ages only. You should check the dish you are
ordering and read its description, if provided, prior to placing your
order. Ajay’s Delhiwala Sweet home shall not be liable in the event the
food and
beverages or the Product ordered by You does not meet your dietary or any
other requirements and/or restrictions. c. While placing an order you
shall be required to provide certain details, including without
limitation, contact number and delivery address. You agree to take
particular care when providing these details and warrant that these
details are accurate and complete at the time of placing an Order. By
providing these details, you express your acceptance to Ajay’s Delhiwala
Sweet home's terms and privacy policies. d. You or any person instructed
by you shall not resell food and beverages or Products purchased via
Ajay’s Delhiwala Sweet home Platform. e. The total price for food ordered,
Excluding the Delivery Charges, will be displayed on the Ajay’s Delhiwala
Sweet home Platform when you place your order, which may be rounded up
to the nearest amount. Users shall make full payment towards such food
or Products ordered via Ajay’s Delhiwala Sweet home Platform. f. Any
amount that may be charged to you by Ajay’s Delhiwala Sweet home over and
above the order value, shall be inclusive of applicable taxes. g. Delivery
periods/Takeaway time quoted at the time of ordering are approximate only
and may vary.
h. Cancellation and Refund Policy:
i. You acknowledge that your cancellation, or attempted or purported
cancellation of an Order shall amount to breach of your unconditional and
irrevocable authorization in favor of Ajay’s Delhiwala Sweet home to
place that Order against the Restaurant on your behalf (“Authorization
Breach"). In the event you commit an Authorization Breach, you shall be
liable to pay the liquidated damages of an amount equivalent to the Order
Value. You hereby authorize Ajay’s Delhiwala Sweet home to deduct or
collect the amount payable as liquidated damages through such means as
Ajay’s Delhiwala Sweet home may determine in its discretion, including
without limitation, by deducting such amount from any payment made towards
the order. ii. In the event, you have provided incorrect particulars,
e.g., contact number, delivery address etc., or that you were
unresponsive, not reachable or unavailable for fulfillment of the services
offered to you, then you will not be eligible for any refunds. iii. No
replacement / refund / or any other resolution will be provided without
the Restaurant’s permission.
iv. Any complaint, with respect to the Order which shall include instances
but not limited to food spillage, foreign object in food, delivery of the
wrong order or food and beverages or Products, poor quality, you will be
required to share the proof of the same before any resolution can be
provided. v. Also, once the order is placed no cancellation or
modification would be entertained and no Refund or Adjustments would be
allowed for the said cancellation, if any.
XIV. Disclaimer of Warranties, Limitation of Liability, and
Indemnification
1. Disclaimer of Warranties
You acknowledge and agree that the services are provided "as is" and "as
available" and that your use of the services shall be at your sole risk.
To the fullest extent permitted by applicable law, Ajay’s Delhiwala Sweet
home, its affiliates and their respective officers, directors, employees,
agents, affiliates, branches, subsidiaries, and licensors ("Ajay’s
Delhiwala Sweet home") disclaim all warranties, express or implied, in
connection with the services including mobile apps and your use of them.
To the fullest extent permitted by applicable law, the Ajay’s Delhiwala
Sweet home parties make no warranties or representations that the services
have been and will be provided with due skill, care and diligence or
about the accuracy or completeness of the services' content and assume
no responsibility for any (i) errors, mistakes, or inaccuracies of content
(ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of the services (iii) any
unauthorized access to or use of our servers and/or any and all personal
information stored therein (iv) any interruption or cessation of
transmission to or from the services (v) any bugs, viruses, trojan horses,
or the like which may be transmitted to or through the services through
the actions of any third party (vi) any loss of your data or content from
the Services and/or (vii) any errors or omissions in any content or for
any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted, or otherwise made available via the
services. Any material downloaded or otherwise obtained through the use
of the services is done at your own discretion and risk and you will be
solely responsible for any damage to your computer system or other device
or loss of data that results from the download of any such material.
Ajay’s Delhiwala Sweet home parties will not be a party to or in any way
be responsible for monitoring any transaction between you and third-party
providers of products or services. You are solely responsible for all of
your communication and interactions with other users of the services and
with other persons with whom you communicate or interact as a result of
your use of the services. No advice or information, whether oral or
written, obtained by you from Ajay’s Delhiwala Sweet home or through or
from the services shall create any warranty not expressly stated
in the terms. Unless you have been expressly authorized to do so in
writing by Ajay’s Delhiwala Sweet home, you agree that in using the
services, you will not use any trade mark, service mark, trade name, logo
of any company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of such marks, names
or logos.
2. Limitation of Liability
to the fullest extent permitted by
applicable law, in no event shall Ajay’s Delhiwala Sweet home be liable
to you for any damages resulting from any (i) errors, mistakes, or
inaccuracies of content, and/or (ii) personal injury or property damage,
of any nature whatsoever, resulting from your access to and use of the
services including mobile app, and/or (iii) any unauthorized access to
or use of our servers and/or any and all personal information stored
therein, and/or (iv) any interruption or cessation of transmission to or
from our servers, and/or (v) any bugs, viruses, trojan horses, or the
like, which may be transmitted to or through the services by any third
party, and/or (vi) any loss of your data or content from the services,
and/or (vii) any errors or omissions in any content or for any loss or
damage of any kind incurred as a result of your use of any content posted,
transmitted, or otherwise made available via the services, whether based
on warranty, contract, tort, or any other legal theory, and whether or
not Ajay’s Delhiwala Sweet home parties are advised of the possibility
of such damages, and/or (viii) the disclosure of information pursuant to
these terms or our privacy policy, and/or (ix) your failure to keep your
password or account details secure and confidential, and/or (x) loss or
damage which may be incurred by you, including but not limited to loss
or damage as a result of reliance placed by you on the completeness,
accuracy or existence of any advertising, or as a result of any
relationship or transaction between you and any advertiser or sponsor
whose advertising appears on the services, and/or delay or failure in
performance resulting from causes beyond Ajay’s Delhiwala Sweet home's
reasonable control. In no event shall Ajay’s Delhiwala Sweet home parties
be liable to you for any indirect, incidental, special, punitive,
exemplary or consequential damages whatsoever, however caused and under
any theory of liability, including but not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or
business reputation, any loss of data suffered, cost of procurement of
substitute goods or services, or other intangible loss.
3. Indemnification
You agree to indemnify, defend, and hold harmless Ajay’s Delhiwala Sweet home from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services (iii) your access to and use of the Services (iv) your violation of any rights of another party or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XV. General Terms
1. Interpretation:
The section and subject headings in these Terms are included for reference
only and shall not be used to interpret any provisions of these Terms.
2. Entire Agreement and Waiver:
The Terms, together with the 'Privacy Policy' and 'Guidelines and
Policies', shall constitute the entire agreement between you and us
concerning the Services. No failure or delay by us in exercising any
right, power or privilege under the Terms shall operate as a waiver of
such right or acceptance of any variation of the Terms and nor shall any
single or partial exercise by either party of any right, power or
privilege preclude any further exercise of that right or the exercise of
any other right, power or privilege.
3. Severability:
If any provision of these Terms is deemed unlawful, invalid, or
unenforceable by a judicial court for any reason, then that provision
shall be deemed severed from these Terms, and the remainder of the Terms
shall continue in full force and effect.
4. Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a
partnership or agency between you and Ajay’s Delhiwala Sweet home and you
shall have no authority to bind Ajay’s Delhiwala Sweet home in any form
or manner, whatsoever.
5. Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be
subject to charges by your Internet or mobile service provider, so check
with them first if you are not sure, as you will be solely responsible
for any such costs incurred.
6. Linking and Framing:
You may not frame the Services. You may link to the Services, provided
that you acknowledge and agree that you will not link the Services to any
website containing any inappropriate, profane, defamatory, infringing,
obscene, indecent, or unlawful topic, name, material, or information or
that violates any intellectual property, proprietary, privacy, or
publicity rights. Any violation of this provision may, in our sole
discretion, result in termination of your use of and access to the
Services effective immediately.
XVI. Notice of Copyright Infringement and Grievance Redressal Mechanism
Ajay’s Delhiwala Sweet home shall not be liable for any infringement of
copyright arising out of materials posted on or transmitted through Ajay’s
Delhiwala Sweet home Platform, or items advertised on its Platform, by
end users or any other third parties. We respect the intellectual property
rights of others and require those that use the Services to do the same.
We may, in appropriate circumstances and at our discretion, remove or
disable access to material on the Services that infringes upon the
copyright rights of others. We also may, in our discretion, remove or
disable links or references to an online location that contains infringing
material or infringing activity. In the event that any users of the
Services repeatedly infringe on others' copyrights, we may in our sole
discretion terminate those individuals' rights to use the Services If you
believe that your copyright has been or is being infringed upon by
material found in the Services, you are required to follow the below
procedure to file a notification:
Identify in writing the
copyrighted material that you claim has been
infringed upon Identify in writing the material on the Services that
you allege is infringing upon copyrighted material, and provide
sufficient information that reasonably identifies the location of
the alleged infringing material (for example, the user name of the
alleged infringer and the business listing it is posted under)
Include the following Statement: "I have a good faith belief thatthe use of the content on the Services as described above is not
authorized by the copyright owner, its agent, or law"
Include the following Statement: "I swear under penalty of perjurythat the information in my notice is accurate and I am the copyright
owner or I am authorized to act on the copyright owner's behalf"
Provide your contact information including your address, telephone
number, and e-mail address (if available)
Provide your physical or electronic signature