Terms & Conditions
Please read these Terms carefully before using the services offered by Hey Spoon Pvt. Ltd
This user agreement (agreement) and the policies referred to herein contain the terms and conditions that apply to your use of “Hey Spoon Pvt. Ltd”(heyspoon) website at www.heyspoon.com (the “site”), its restaurant business page if any, mobile app and any related software applications including but not limited to restaurant search and discovery, online food ordering and table reservations (collectively the ‘services’ ).
If you do not agree to the terms of this agreement or any revised version of this agreement, please do not use this site.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by
- Clicking to “Agree to Heyspoon’s Terms of Service”, where it is made available to you by Heyspoon in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that Heyspoon will treat your use of the Services as acceptance of the Terms from that point onwards.
- 2.2. "Content" Heyspoon content" means content that Heyspoon 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 Heyspoon or its users and is available on the Services. The content will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "
- 2.4. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
- 2.7. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
- 2.8. "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 restaurant search, reviews, food ordering, table booking etc. and includes other persons jointly participating in using the Services including without limitation a user having access to ‘restaurant business page’ to manage claimed business listings or otherwise.
- 2.9. "we", "us", "our", and "Heyspoon" are references to the Company;
- 2.10. "Website" is a reference to our Website www.heyspoon.com or our mobile applications on which we offer our Goods or Services and.
- 2.11. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Heyspoon;
III. Ability to Accept Terms of Service
1. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
2. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them
3. Compliance with Laws. You are responsible for complying with 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).
V. TRANSLATION OF THE TERMS
Heyspoon 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 Heyspoon. 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. Heyspoon as a facilitator
You agree, understand and acknowledge that the website is an online platform that enables you to use our services for the purposes mentioned herinabove. You further agree and acknowledge that Heyspoon is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, all transactions shall be a strictly bipartite contract between you and the eatery joints including but not limited restaurants, Pubs, Cafes etc., on Heyspoon.com.
VII. Access to Heyspoon
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
VI. HEYSPOON’S SERVICE PROVISIONS
1. We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we would be sorry to see you go. Heyspoon may also stop providing Services to you or add or create new limits to our Services at any time. You acknowledge and agree that if Heyspoon 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
2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
3. You acknowledge and agree that while Heyspoon may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Heyspoon may set such fixed upper limits at any time, at Heyspoon's discretion.
4. By using Heyspoon's Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. Heyspoon disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Heyspoon reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Heyspoon does not guarantee 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 Heyspoon. Please contact us by emails to firstname.lastname@example.org, 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 Heyspoon, no other party is authorized to reproduce or republish these digital versions in any format whatsoever without the written permission of Heyspoon.
5. Heyspoon may from time to time introduce referral and/or promotional offers 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 the Site terms. Further, Heyspoon 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 Heyspoon 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 terms and/ or Site terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Heyspoon reserves the right to modify, cancel and discontinue its Program without notice to the User.
VII. Users covenants (Permitted uses and restrictions)
You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
In creating an account and also while using our special features, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that, you may not impersonate someone else, create 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 Services that you are not legally entitled to claim.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name on the Services.
By creating an account, you agree to receive certain communications in connection with the Site or Services. For example, you might receive comments or friend requests from other Users. You can opt-out or manage your preferences regarding non-essential communications through account settings.
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.
You agree to use the data owned by Heyspoon (as available on the Services or through any other means like API etc.) only for personal uses and not for any commercial use unless agreed to by/with Heyspoon in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Heyspoon, unless you have been specifically allowed to do so, by way of a separate agreement with Heyspoon. 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.
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 any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
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: Violate our Guidelines and Policies; Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling; 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. Contains material that violates the standards of good taste or the standards of the Services; 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; Accuses others of illegal activity, or describes physical confrontations; Alleges any matter related to health code violations requiring healthcare department reporting. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Any Attempts to impersonate another person or entity; 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 pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted; Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest; 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; Asserts or implies that Your Content is in any way sponsored or endorsed by us; Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products; Falsely states, misrepresents, or conceals your affiliation with another person or entity; Accesses or uses the account of another user without permission; Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment; Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services; “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else; 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); Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services; Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services; 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; Collects, accesses, or stores personal information about other users of the Services; Is posted by a bot; Harms minor in any way; 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; 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 Attempts to do any of the foregoing.
You acknowledge that we have 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.
You hereby agree and assure Heyspoon that the Site/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, Federal State or local 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 Heyspoon in any form or manner whatsoever.
VIII. Proprietary Rights
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 Our 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 Heyspoon and that you shall not disclose such information without Heyspoon's prior written consent.
You agree to protect our 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 Heyspoon (or Heyspoon's licensors) own all legal right, 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 Heyspoon, nothing in the Terms gives you a right to use any of Heyspoon's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Heyspoon; 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 the Heyspoon’s content in whole or in part except as expressly authorized by Heyspoon.
Your License to Heyspoon Content:
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 Heyspoon 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, Heyspoon Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
Heyspoon License to Your or User Content:
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.
Representations Regarding Your or User Content:
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 their 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 Terms or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.
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. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion.
Third Party Content and Links
The content on our website may include third party content, including that posted by our users, such third party content does not reflect our views nether we endorse or certify such content for its authenticity. You further acknowledge and agree that Heyspoon 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.
Any reviews by our users do not reflect the opinion of Heyspoon. You understand that Heyspoon is a facilitating platform for the services mentioned herein. The advertisements on Heyspoon are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the Services. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that isn’t true about the restaurant, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the restaurant believes that any particular user’s review violates Heyspoon’s Policy, he can flag the review to our attention. Heyspoon may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
XI. USER FEEDBACK
If you share or send any ideas, suggestions, changes or documents ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Heyspoon is under no obligation of confidentiality with respect to such Feedback, (iii) Heyspoon 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 Heyspoon and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
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 Heyspoon on the Services are subject to change without specific notice to you. In consideration for Heyspoon granting you access to and use of the Services, you agree that Heyspoon may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Heyspoon by third parties. Responsibility for ensuring that material submitted for inclusion on the Site 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 Heyspoon found on or through the Site 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. Heyspoon 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 the Site and mobile apps.
XIV. TERMS & CONDITIONS FOR ONLINE TABLE BOOKING
1. Reserve your table.
- The user can make a request through heyspoon website / mobile app by providing email address and mobile number along with other details as required.
- The mobile number and the email address provided will be subject to verification by Heyspoon.
- The user hereby undertakes to provide only genuine and authentic details and also ensure to follow instructions as required for the purpose of verification
- Heyspoon will provide request receipt intimation to the user by email and SMS. The user shall ensure the details are accurate and rectify discrepancies if any immediately.
- Upon receipt of the offer from the restaurant against the users request the table booking will be confirmed at the users end.
- The availability of reservations is determined at the time of User’s query.
Heyspoon is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the Heyspoon Site or App or by calling the number provided.
If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, Heyspoon will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be terminated if you are a no-show for three reservations within a 12-month period. If you receive a no-show notification email in error, please contact Heysponn for information on how to dispute it. User agrees that all final no-show determinations will be made by Heyspoon in its sole discretion.
Claims: Heyspoon does not take any accountability for the table booking and your dining experience as it is delivered by a restaurant. We will however investigate any written complaints against a restaurant on receipt of complete details. Deficiency in customer service can lead to suspension of reservation services for a restaurant.
Heyspoon does not accept any liability arising out of a claim regarding a deficiency in service or food quality. Liability rests with the restaurant or the hotel and claims should be made directly with the restaurant or the hotel. The acceptance of this clause is a prerequisite for any reservation query and confirmation.
XV. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
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, HEYSPOON, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("HEYSPOON PARTIES") 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 HEYSPOON 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. THE HEYSPOON 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 COMMUNICATIONS 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 HEYSPOON 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 HEYSPOON, 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.
Limitation of Liability
FURTHERMORE, THE TOTAL LIABILITY OF THE HEYSPOON PARTIES TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST THE HEYSPOON PARTIES WILL AT ALL TIMES BE LIMITED TO FIVE THOUSAND RUPEES (INR 5000.00).
You agree to indemnify, defend, and hold harmless the Heyspoon Parties 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. TERMINATION OF YOUR ACCESS TO THE SERVICES
You can terminate your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by clicking here, and ceasing further use of the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
XVI. GENERAL TERMS
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.
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.
Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Heyspoon and you shall have no authority to bind Heyspoon in any form or manner, whatsoever.
Governing Laws and Jurisdiction of Courts.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of India and be subject to the exclusive jurisdiction of courts at Bangalore and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. Heyspoon shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against the Licensee in the event that, in the opinion of Heyspoon, such action is necessary or desirable.
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 responsible for any such costs.
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.
Unless otherwise stated in this Agreement, all notices to be given under this Agreement must be in writing and must be emailed to:
Heyspoon Private Limited,
No. 23/A, 2nd Floor, Imperial Court, Cunningham Road,
Email address: email@example.com