EATCLICKSHARE

 

Terms of Services/Use

1. General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.eatclickshare.com.

Definition

We”, “Us”, “Our” shall mean eatclickshare, a domain owned by Axius Software and Consultancy Services Private Limited.

Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website.

You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, or browsing through the Website.

Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Website.

Restaurant” refers to any natural / legal entity carrying on the business of a Food Business Operator as per the Food Safety and Standards Regulations.

About US

Eatclickshare is an online portal that allows its users and restaurants to upload various details, including without limitation, pictures of dishes and menu cards.

Your use of the Website and services and tools are governed by these terms and conditions (“Terms of Use”) as applicable to the Website, including the applicable policies which are incorporated herein. If you use the Website you shall be subject to the policies that are applicable to the Website for such use.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. 

Browsing, Accessing or otherwise using the site indicates your Agreement to all the Terms and Conditions under this Terms of Use. By accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

Eligibility and Access

Users above the age of 18 and competent to contract as per the laws of the Union of India shall be entitled to use the Website and avail of the offers and services provided therein. To register, You must provide Your true and correct information as requested while registering. If you are a minor and wish to use the website, You may do so through Your legal guardian andthe Companyreserves the right to terminate Your account on knowledge of You being a minor and using the membership of the site.

The Company may further, in its discretion terminate or end the relationship with any User with or without furnishing reasons for the same.

Further, You are solely responsible for protecting the confidentiality of Your username and password and any activity under the account will be deemed to have been done by You. In the event You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to permanently suspend your account.

Privacy Policy

The Privacy Policy is separately available on the Website, and can be perused by You at Your convenience.

Communications

By using this website, it is deemed that You have consented to receiving calls, autodialed and/or pre-recorded message, calls and e-mails from Us on the mobile/telephone number/e-mail ID provided by You while accessing the Website. This includes contacting you through information received from and through other parties.  The use of this website is also your consent to receive SMSs from Us at any time we deem fit.  This consent to be contacted is for purposes that include but not limited to providing timely information of the order confirmation, dispatch and delivery details.

You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under this document and all other policies followed by Us.

The sharing of the information provided by you will governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

Website as an Intermediary Platform

The Website is a platform that Users utilize to view pictures and details uploaded by other users and restaurants.

1.    All communication which, inter alia, include the contract, its terms, Your obligations, the, etc are outcomes of the communication between the User and You. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.

2.    We do not endorse any of the restaurants on the website nor place any guarantee as to its services, prices, quality, nature, ambience, activities, requisite qualifications and requirements under the laws in force.

3.    You agree and understand that some of the information contained and shared on the website belongs to third parties, and is not monitored or controlled by Eatclickshare. In some instances, the only role and contribution of Eatclickshare is to facilitate the interaction between the users and the restaurants, and not to monitor or regulate the same.

4.   Eatclickshare also does not provide any guarantee about the availability, quality, hygiene, preparation time, taste and flavour of the food items listed on the site by restaurants.

5.  You release and indemnify Us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people, or business entities acting under false pretence. We neither guarantee nor take any liability for any action whatsoever by Users on this Website.

Marketing Information provided by us

Any sales and marketing information provided by Us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., are uploaded by the registered users or those who upload. The company has no role to play in the views or details provided by such User / Restaurant. Eatclickshare does not claim ownership of any of the intellectual property rights contained on the website, unless the content has been created by Eatclickshare.

Prohibited And Restricted Items And Services

1. Eatclickshare reserves the right to decide whether any item or picture may be displayed on the website on a case to case basis. There are certain material and items that we do not allow to be displayed on our website in any form. Further, we retain the right to modify any content you submit prior to its display.

2. To promote a safe, fair and enjoyable experience, Eatclickshare.com has established a set of rules and policies for item listings. You are requested, not to:

a. Write Misleading Titles

b. Upload Inappropriate/wrong picture

c. List items in inappropriate categories

d. Misrepresent the restaurant location

 

3. Furthermore, your picture

a. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, stolen goods and or services which do not belong to you or you do not have the authority for.

b. Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.

Dealings with Organizations and Individuals

You acknowledge and agree that Eatclickshare shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. These dealings are solely between you and such organizations and/or individuals.

If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Eatclickshare is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Eatclickshare, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

Third Party Information

The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork provided by third parties (collectively, " Third Party Content"), is a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Use.

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

The content that you post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.

User Obligation

  1. You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. 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 within the content of the Website is prohibited.   
  2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. 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 Website or content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically banned. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website.
  3. In places where this Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

a)        Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

b)       Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

c)        Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d)       Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; 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;

e)        Post any file that infringes the copyright, patent or trademark of other legal entities.

f)         Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

g)        Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source; or exploit the Website or Service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

h)       Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

i)         Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

j)         Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

k)       Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

l)         Violate any applicable laws or regulations for the time being in force within or outside India;

m)    Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;

n)       Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

  1. We have no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EATCLICKSHARE MAKES NO WARRANTY THAT

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED;

(IV) THE FOOD YOU ORDER FROM A RESTAURANT BASED ON THE PICTURES ON THE WEBSITE SHALL REMAIN TRUE TO THE PICTURE OR THE REVIEWS;

(v) THE REVIEWS OF RESTAURANTS ON THE WEBSITE SHALL BE ACCURATE OR RELIABLE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EATCLICKSHARE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

 

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EATCLICKSHARE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

BY UPLOADING CONTENT ON THE WEBSITE, THE USER UNDERSTANDS AND ACCEPTS THAT THE CONTENT THEY UPLOAD / POST IS BEING MADE AVAILABLE TO USERS WHO MAY CHOOSE TO COPY SUCH CONTENT IN VIOLATION OF THESE TERMS. IT IS HEREBY SPECIFIED THAT WE SHALL NOT BE LIABLE FOR ANY SUCH ACTIONS OF USERS, EITHER TO THE USER ORIGINALLY UPLOADING THE CONTENT THAT HAS BEEN COPIED OR OTHERWISE MANIPULATED, OR TO THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

Indemnification and Limitation of Liability

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

 

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

Intellectual Property Rights

You acknowledge and agree that the materials on the Website, other than the user Content and third Party Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Eatclickshare, and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Eatclickshare reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eatclickshare without restriction. Any assignment or transfer by you shall be null and void.

Disputes and Jurisdiction

All disputes will be resolved through a two step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be appointed by the Company. The decision of the mediator is not binding on the parties. However, the parties in good faith will attempt to bind by the decision.

Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in Kolkata.

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