These terms and conditions of use ("Terms of Service") of the Website (as defined below) between Fooddialer, a product owned and developed by Futurescape Technologies Pvt. Ltd. (hereinafter referred to as Futurescape Technologies Pvt. Ltd.") and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which Futurescape Technologies Pvt. Ltd. offers You access to the Website and the Services (as defined below) through the Website.
1.1 fooddialer.com (referred to here as "fooddialer") provides its Service (as defined below) to You through its Web site or reseller sites (the "Site"), subject to this Terms of Service agreement. By accepting this TERMS OF SERVICE or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TERMS OF SERVICE. If You are entering into this TERMS OF SERVICE on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TERMS OF SERVICE, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TERMS OF SERVICE, You must not accept these TERMS OF SERVICE and may not use the Service.
1.2 fooddialer may change this TERMS OF SERVICE from time to time without prior notice. You can review the most current version of this TERMS OF SERVICE at any time on the website. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TERMS OF SERVICE is not acceptable to You, your only remedy is to stop accessing and using the Service.
2.1 The Site is a Web-based solution through which restaurants may provide online ordering for their customers and customers may connect with restaurants to place orders for pickup, dine-in and/or delivery. The "Service" includes (a) the Site, (b) the online ordering system, tools and services provided through the Site and by the Application Programming Interface ("API") made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the API (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TERMS OF SERVICE.
3.1 Subject to the terms and conditions of this TERMS OF SERVICE, You may access and use the Service only for Your purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TERMS OF SERVICE; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TERMS OF SERVICE, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to fooddialer. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with fooddialer, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are solely responsible for all materials, information, data, text, messages or other materials that You, or any Authorized User, upload, post, e-mail, transmit, or otherwise make available via the Service ("Your Content"). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account.
3.4 You warrant that You own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by fooddialer as described herein, does not violate applicable law or the rights of any third party. You hereby grant fooddialer, fooddialer's affiliates, resellers and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Internet, (ii) processing Your Content in connection with providing the Services to You, and/or (iii) storing or hosting Your Content in a remote database or on the Site for access. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
3.5 fooddialer reserves the right to access any or all of Your accounts for support, maintenance or servicing.
3.6 You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to fooddialer’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.7 The failure of fooddialer to exercise or enforce any right or provision of this TERMS OF SERVICE shall not be a waiver of that right. You acknowledge that this TERMS OF SERVICE is a contract between You and fooddialer, even though it is electronic and is not physically signed by You and fooddialer, and it governs Your use of the Service and takes the place of any prior agreements between You and fooddialer.
3.8 fooddialer reserves the right to modify or discontinue any service with or without notice to you. fooddialer shall not be liable to you or any third party should fooddialer exercise its right to modify or discontinue services.
3.9 Unauthorized access to the Site is a breach of this Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by fooddialer for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that fooddialer has approved in advance in writing.
3.10 You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.11 Use of the Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit fooddialer's right to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of the Site, which may include disclosing Your Content to the applicable authorities.
4.1 The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software that is the property of fooddialer or its content suppliers and protected by international copyright laws. No license is granted to You to use such copyrighted material in any way.
4.2 fooddialer and fooddialer's various logos used or displayed on the Service are trademarks of fooddialer and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the fooddialer products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
5.1 Trials and Payments. All plans come with an initial free trial period of up to 30 days. Hardware cost is not included in trial period. After the trial period, you may opt for a 3-month or 6-month payment plan. All Payments are to be made in advance.
5.2 Cancellation and Refunds. Cancellation request should be made in writing through mail. In case of cancellation, refunds will only be made for the unused months and not for current or previous month. Hardware costs will not be refunded in any case.
5.3 Credit Card Billing, Receipts and Privacy. The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application.
5.4 Credit Card Disclaimer. fooddialer does not store any credit card data and related personal information.
5.5 Credit Card Privacy. fooddialer uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for fooddialer. Though fooddialer takes every measure to protect our users’ credit card information, should any third party illegally break through our security and access our database, then your data may be at risk. In such an event, you release fooddialer from all liability regarding the storage of your credit card information.
6.1 The service, including the site and content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, to the fullest extent permitted by law and fooddialer expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that fooddialer does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from fooddialer or through the service shall create any warranty not expressly stated in this terms of service.
7.1 Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall fooddialer be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, fooddialer shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under this terms of service between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
8.1 fooddialer may assign or transfer this TERMS OF SERVICE, in whole or in part, without restriction.
10.1 The Service may link to other sites on the Internet and/or otherwise include references to content provided by third parties including, but not limited to third party Web sites and third party advertisements ("Third Party Content"). The linking to any Third Party Content is provided merely as a convenience and should not be considered as an endorsement of the Third Party Content by fooddialer. fooddialer is not in a position to evaluate the decency, truthfulness, and/or accuracy of any Third Party Content and your reliance on any Third Party Content is done so at your own risk. Moreover, any and all communications, transactions, and other interactions between you and any third party are the responsibility of you and the third party and fooddialer shall have no obligation or responsibility of any such communications, transactions, and interactions.
11.1 You represent and warrant that: (i) you are over the age of eighteen (18); and (ii) are fully able and competent to accept this TERMS OF SERVICE. For the avoidance of doubt, if you are under the age of eighteen (18), please do not use the Web site.
12.1 fooddialer shall be free to reproduce, use, disclose, and distribute any and all communication conducted with us through the Site including but not limited to feedback, questions, comments, suggestions and the like (the "Communications"). You shall have no right of confidentiality in the Communications and fooddialer shall have no obligation to protect the Communications from disclosure. We shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
13.1 You agree to indemnify, defend and hold fooddialer and its resellers and partners (including all officers, directors, employees, contractors and agents of the foregoing) harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses, including attorneys' fees (collectively, the "claims"), arising out of, incident to, or resulting directly or indirectly from your use of the services, your content, or breach of this agreement.
14.1 All of the information that fooddialer collects from You, such as registration and credit card information, is subject to applicable privacy laws. fooddialer will not use private user information collected from You for any use not connected to providing Services under this Agreement. fooddialer will take all reasonable measures to protect personal information and will not disclose any personal information to any third-party. You agree to bear all risks of loss associated with disclosing such information and agree to waive any and all claims of loss as against fooddialer.
15.1 The Site features trademarks, service marks, and logos that are the property of fooddialer and/or its affiliates, suppliers, partners and licensors. The Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and You agree not to use them in any manner without the prior written permission of the applicable owner.
15.2 fooddialer may be required by state or federal law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon fooddialer's posting them on the Site or delivering them to You through e-mail. You may update Your e-mail address by visiting the Services where You have provided contact information. If You do not provide fooddialer with accurate information, fooddialer cannot be held liable if fooddialer fails to notify You.
15.3 fooddialer's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and Your right to use the Services may not be assigned by You without the prior written approval of fooddialer.
15.4 This Agreement constitutes the entire agreement between You and fooddialer and governs Your use of the Site and Services, superseding any prior agreements that You may have with fooddialer. Any additional or different terms in Your ordering documentation such as purchase orders are hereby deemed to be material alterations and notice of objection to, and rejection of, them is hereby given.
16.1 The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by fooddialer. fooddialer shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. fooddialer reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
17.1 In the event that fooddialer is unable to perform any of its obligations under this Agreement or You are unable to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure or other causes beyond our reasonable control, fooddialer shall immediately give notice to You, if practicable, and shall take reasonable measures to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended indefinitely.
18.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.