TERMS OF USE
Last update: 1st August 2024
ACCEPTANCE OF TERMS
These terms of use (“Terms”) governs the use of the website, https://cravingly.in/ and our mobile application, owned and operated by Techmatic Systems India Pvt Ltd having registered office at Hitech City, Hyderabad, (“Cravingly”/“we”/ “our”/ “us”) by you (“you” or “your” or “Customer” or “Cravingly” or the “user”). The website/ application and/or our services are collectively referred to as the (“Platform”).
These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the 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").
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.
Compliance with Laws. You are in compliance 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).
Cravingly 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 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.
DEFINITIONS
Customer
"Customer" or "You" or "Your" as detailed above in Clause 1.1., refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing (including but not limited to recipes, dishes, and images), 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 business page' to manage claimed business listings 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 "Customer 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, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "Content" means content that Cravingly creates and makes 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 Cravingly or its Customers, such as Restaurant Partners and is available on the Services.
Restaurant(s)
"Restaurant" means the restaurants listed on Platform.
INTERPRETATION
Words, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any gender, masculine, feminine, or neuter, as the context requires. “And” includes “or.” “Or” is disjunctive but not necessarily exclusive. “Including” means “including but not limited to.” Unless other specifically stated, the term “days” means working days.
NATURE AND APPLICABILITY OF TERMS:
Your access or use of the Platform, transaction on the Platform and use of our services hosted or managed remotely through the Platform, are governed by the terms and conditions, including the applicable policies. These Terms of Use constitutes a legal and binding contract between you on one part and Cravingly on the other part.
By accessing, browsing, interacting or in any way transacting on the Platform, or availing any services, you signify your agreement to be bound by these Terms of Use our policies, including the Privacy Policy available at https://cravingly.in/privacy-policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Platform, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. These Terms are effective for all existing and future Cravingly customers, including but without limitation to users having access to 'restaurant business page' to manage their claimed business listings.
The Platform facilitates (i) posting of dishes, recipes, and images, (ii) food blogging, and (iii) online purchase of food and beverages by various Restaurants.
Cravingly does not have any control over third-party links which are displayed on the Platform and is therefore not responsible for the protection and privacy of your information on these third-party websites. The inclusion of any third-party links, unless specifically stated, does not imply a recommendation or endorsement of the views expressed within them.
Since Cravingly acts only as a portal for these services, it shall not have any liability whatsoever for any aspect of the relationship or transaction between you and the Third-Party Service Provider.
You acknowledge and agree that the form and nature of the Services which Cravingly provides, may require affecting certain changes in it, therefore, Cravingly reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
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.
You acknowledge and agree that if Cravingly 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.
You acknowledge and agree that while Cravingly may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Cravingly may set such fixed upper limits at any time, at Cravingly's discretion.
In our effort to continuously improve the Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
By using Cravingly's Services you agree to the following disclaimers:
The Content on these Services is for informational purposes only. Cravingly disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Cravingly reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Cravingly does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Cravingly . Please email a takedown request (by using the "Contact Us" link on the home page) 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 Cravingly. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Cravingly.
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 Cravingly Platform is for informational purposes only. Such Certification is displayed by Cravingly on an 'as available' basis that is provided to Cravingly by the Restaurant partner(s)/Merchant(s). Cravingly 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 Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Cravingly 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 partner/Merchant.
Cravingly reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Cravingly Platform anytime in future.
Cravingly may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Cravingly Platform terms. Further, Cravingly reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if Cravingly determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Cravingly Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Cravingly reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
Cravingly may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Cravingly may decide at its discretion. Cravingly reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
COMPLIANCES
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but not limited to:
The Indian Contract Act, 1872;
The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, Digital Personal Data Protection Act, 2023, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
YOUR ACCOUNT
To use majority of Platform services, you must register an account on the Platform. You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
You agree to provide accurate, current and complete information during the registration process and to update such information to maintain its accuracy and completeness. Cravingly reserves the right to suspend or terminate your account in the event any information provided during the registration process or thereafter proves to be inaccurate, outdated, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
You may deactivate or suspend your account at any time by sending an email to info@cravingly.in OR visiting the URL https://cravingly.in, Suspension of your account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing use of our services or any liability which may arise out of any activity on your account. Cravingly reserves the right to refuse services to any person or entity at it sole discretion.
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/or claiming your business' listing, 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 or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. 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 or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Cravingly or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
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 Cravingly account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive certain communications in connection with Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
AGE
This Platform and the services hereunder are intended for persons above the age of 18 (Eighteen). If you are under the age of 18 (Eighteen) or the age of legal majority as per place from where you access the Platform, you may purchase access to the services only with the involvement of your legal guardian, subject to such legal guardian understanding and agreeing to these Terms of Use.
MODIFICATION TO THE TERMS OF USE
Cravingly reserves the right to change or modify these Terms or any policy or guideline of the Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Platform upon such changes or modification of the Terms will constitute binding acceptance of the modified Terms by you.
USE OF THE PLATFORM
You agree to use the Platform only for purposes that are permitted by (a) these Terms of Use and (b) any applicable laws, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
You agree to not engage in any activity, that may interfere with, disrupts, damage or access the Platform or any devices, servers, networks, or other properties or services in an unauthorized manner.
You agree and acknowledge that you shall be responsible for breach of any obligations under these Terms of Use, applicable third-party contract, applicable law or regulation, and for the consequences of any such breach.
You understand and acknowledge that in addition to the purchase price of the services including third party services, you may be charged certain amount as ‘Subscription’.
In order to connect you to certain restaurants, we provide value added telephony services through our phone lines, which are displayed on the specific restaurant listing page on the Platform, which connect directly to restaurants' phone lines. We 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 Cravingly. You explicitly agree and permit Cravingly to record all this information when you avail the telephony services through the Cravingly provided phone lines on the Cravingly Platform.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Cravingly, unless you have been specifically allowed to do so, by way of a separate agreement with Cravingly. 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 Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
USER CONDUCT AND RULES ON THE PLATFORM
Note: Cravingly serves as a platform that connects food enthusiasts to engage with one another. However, we do not take responsibility for any issues or disputes arising from interactions between users, including the quality of food or services provided by other users on our platform.
Note: Cravingly is just a platform to host.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
is misleading in any way;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
threatens the unity, integrity, defense, security or sovereignty of India, 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.
A User may be considered fraudulent or loss to business due to fraudulent activity in the event:
Users fails to produce adequate documents during the payment details verification.
Misuse of another User's address/phone/email;
Users uses invalid address/email/phone no.;
Users refuses to pay for any services;
Miscellaneous activities conducted with the sole intention to cause loss to Cravingly.
You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages, you will not imitate, abuse, harass, any User or violate and exploit, any of these Terms.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may avail the Services on the Platform or access the account of a person and/or a family member with written consent by such person, which we may request in our sole discretion. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
If you are registering / managing an account on behalf of your family member, you will be asked to provide confirmation that such person has consented you to register / manage / operate their account.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Platform, to understand our practices. The personal information / data provided to us by you during the course of usage of our Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use this Platform.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property in and related to the Platform, any software, service, techniques and processes used in connection with the Platform, belongs exclusively to Cravingly or its licensors. Through your use of the Platform, by no means are any rights impliedly or expressly granted by Cravingly to you in respect of such Platform.
Cravingly and/or its licensors assert all proprietary rights in and to all names and copyrights, trademarks contained on or related to the Platform. Any use of the Cravingly's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Cravingly and may be actionable under the applicable laws. You will not remove, alter, obscure or modify any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services.
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 Cravingly 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 Cravingly and that you shall not disclose such information without Cravingly's prior written consent.
You agree to protect Cravingly'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 Cravingly (or Cravingly'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). You further acknowledge that the Services may contain information which is designated as confidential by Cravingly and that you shall not disclose such information without Cravingly's prior written consent. Unless you have agreed otherwise in writing with Cravingly, nothing in the Terms gives you a right to use any of Cravingly'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 Cravingly; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an 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 Cravingly's Content in whole or in part except as expressly authorized by Cravingly.
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 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 XVI.
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 Cravingly 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, Cravingly 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.
In consideration of availing the Services on the Cravingly Platform and by submitting Your Content, you hereby irrevocably grant Cravingly a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'restaurant business page' to manage claimed business listings or otherwise) 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, 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 Cravingly or its Customers, any third party services and their users.
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 law.
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 Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Cravingly.
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 Customers 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 Customer Content, from such Restaurant's listing page at its sole discretion.
Third Party Content and Links
Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or food delivery/ordering. 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.
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 material before or after including it on our Services.
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 Cravingly 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.
Third party content, including content posted by our Customers or Restaurant, 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.
You further acknowledge and agree that Cravingly 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 websites 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 third parties.
CUSTOMER REVIEWS AND FEEDBACK
Customer reviews or ratings for Restaurants do not reflect the opinion of Cravingly. Cravingly receives multiple reviews or ratings for Restaurants by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Cravingly is the personal opinion of the Customer/reviewer only. Cravingly is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Platform are independent of the reviews received by such advertisers.
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 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 Customer's review violates any of the Cravingly’ policies, the restaurant may write to us at info@cravingly.in and bring such violation to our attention. Cravingly 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.
If you share or send any ideas, suggestions, changes or documents regarding Cravingly's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Cravingly is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Cravingly may have already received similar Feedback from some other Customer 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 Cravingly and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Cravingly 's existing products or marketing strategies; do not include any ideas that Cravingly 's policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, Cravingly 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 Cravingly or any of its employees.
The purpose of this policy is to avoid potential misunderstandings or disputes when Cravingly 's products or marketing strategies might seem similar to ideas submitted to Cravingly. 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.
Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of Cravingly, without any compensation to you; (2) Cravingly may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Cravingly to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
ADVERTISING
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 Cravingly on the Services are subject to change without specific notice to you. In consideration for Cravingly granting you access to and use of the Services, you agree that Cravingly may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Cravingly by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the 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 Cravingly found on or through the 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. Cravingly 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 Platform and mobile application.
For any information related to a charitable campaign ("Charitable Campaign") sent to Customers and/or displayed on the Platform where Customers 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, Cravingly is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Cravingly 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 Customers are advised to do an independent verification before taking any action in this regard.
DELIVERY:
Cravingly is not involved in any manner in Delivery services. Cravingly is merely acting as an intermediary between you and third-party Delivery Partners or you and the Restaurant Partner or the Store, as the case may be.
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 Cravingly is not a party under any applicable law. It is clarified that Cravingly does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the Platform by connecting the Customers with the Delivery Partners or the Restaurant or the Store, as the case may be. Cravingly 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.
Where Cravingly is facilitating delivery of an order placed by you on the Platform, there may be a chance that your order is grouped or batched with another order.
You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant or the Store, as the Delivery Partner or the Restaurant Partner or the Store may determine (“Delivery Charges"). You agree that Cravingly is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Charges for the delivery service provided by the Restaurant or the Store or 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 be limited to Restaurant Partner / Store, order value, distance, time of the day. Cravingly will 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.
In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Restaurant Partner or the Store, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Cravingly is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Surge for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, demand during peak hours. Cravingly will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
In respect of the order placed by You, Cravingly shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.
Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
All prices listed on the Platform are provided by the Restaurant Partner, including packaging or handling charges, if any, at the time of publication on the Platform and the same are displayed by Cravingly as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of Cravingly.
On Time Guarantee: Orders placed at select Restaurant Partners may have this service available. When enabled, Cravingly uses its technology platform to allocate a suitable delivery partner, who provides the service, in such a way that it minimises the delays in the orders. This includes prioritising allocation of Delivery Partners, along with making sure these orders are not clubbed with any other orders. However, you acknowledge that such services are facilitated by the Delivery Partner on a best effort basis, hence should your order fail to reach you on or prior to the On Time Guarantee Time, you would be eligible to claim and receive a coupon of up to 100% of your order value. You will be required to claim the Coupon within twenty four (24) hours from the time such Order is delivered to you failing which your eligibility to receive the Coupon will expire. Further the validity period of the Coupon would be 3 (three) days from receipt thereof. Notwithstanding anything set out herein above, you shall not be eligible to receive the Coupon if:
Delay on the On Time Guarantee Time is for unforeseen reasons eg. strikes, natural disaster, Restaurant Partner’s inability to provide the Order.
You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.
You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
The order is a bulk order (as per Cravingly’s standard order size)
The order is cancelled due to any reason.
For the purpose of this clause, words capitalised shall have the following meaning: “On Time Guarantee Time" shall mean the Promised Delivery Time, which starts when the order is accepted by the Restaurant Partner. The actual delivery time will be counted as the period between the Restaurant Partner accepting the order and the Delivery Partner reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. “Coupon" shall mean one-time code generated by Cravingly for delay in On Time Guarantee Time to be used as per applicable conditions.
ORDER DELETION:
In the event you delete an order from the Cravingly order history on the Cravingly mobile application, the following Terms and Conditions shall be applicable to you:
Your order details will be removed from the Cravingly Platform in its entirety. An order once deleted will not only be deleted from the 'your orders' tab on the mobile application and no support will be offered on such deleted order(s). Such an order once deleted will however remain present in Cravingly's records in accordance with the privacy policy.
Notwithstanding anything set out herein above, Cravingly shall not be responsible in cases where the deleted order can be traced due to:
any interruptions, service or technology failure or problems in use of the internet and electronic communications or other systems outside the control of Cravingly.
order details still being available on your email, sms or other modes of communication where the order details were available.
any stakeholder (including Restaurant Partner or Delivery Partner) reaching out to you through the information you choose to share with such Restaurant Partner or Delivery Party or any third party directly.
Restaurant Partner(s) undertaking delivery of orders themselves reaching out to you directly.
payment pertaining to such an order being available in your bank statement.
General Terms and Conditions
Cravingly is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Cravingly, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Store(s).
Cravingly shall not be liable for any acts or omissions on part of the Restaurant Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
The Restaurant Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Cravingly.
For the Customers in India, it is hereby clarified by Cravingly that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
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. Cravingly 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.
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 Cravingly's terms and privacy policies.
You or any person instructed by you shall not resell food and beverages or Products purchased via the Cravingly Platform.
The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Cravingly Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Cravingly Platform.
Any amount that may be charged to you by Cravingly over and above the order value, shall be inclusive of applicable taxes.
Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
Personal Promo code can only be used by You subject to such terms and conditions set forth by Cravingly from time to time.
CANCELLATION AND REFUND POLICY
You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Cravingly, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Cravingly to place that order against the Restaurant Partners/Store(s) 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 Cravingly to deduct or collect the amount payable as liquidated damages through such means as Cravingly may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
There may be cases where Cravingly is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Cravingly, Restaurant Partner/Store or Delivery Partner. In such cases, Cravingly shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission.
Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects 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.
You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.
All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
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, CRAVINGLY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("CRAVINGLY 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 CRAVINGLY 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 CRAVINGLY 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 CUSTOMERS 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 CRAVINGLY 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 CRAVINGLY, 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
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CRAVINGLY PARTIES 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 THE CRAVINGLY 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 CRAVINGLY'S REASONABLE CONTROL. IN NO EVENT SHALL THE CRAVINGLY 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.
NO WARRANTY
CRAVINGLY DISCLAIM ALL WARRANTIES REGARDING SERVICES UNLESS EXPRESSLY AGREED IN WRITING HEREUNDER. WE SHALL ENDEAVOR TO MAINTAIN OUR SERVICES AND OUR SECURITY CERTIFICATION ON A BEST-EFFORT BASIS; HOWEVER, WE DO NOT WARRANT THAT THE SERVICE WILL BE FREE FROM ERROR, MALICIOUS CODE OR ANY VIRUS OR PROVIDED IN AN UNINTERRUPTED MANNER.
CRAVINGLY HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CRAVINGLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Cravingly 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.
TERMINATION
You can delete your account at any time by from the edit profile screan - Delete account option > click on the 'Delete Account' button and ceasing further use of the Services.
Cravingly reserves the right to suspend or terminate a user’s access to the Platform and the services with or without notice and to exercise any other remedy available under law, in the event:
Such user is in breach of this Terms of Use, Privacy Policy or in violation of any other applicable laws in India;
A third-party reports violation of any of its right as a result of your use of the services;
Cravingly is unable to verify or authenticate any information provided by you;
Cravingly has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such user; or
Cravingly believes in its sole discretion that User’s actions may cause inconvenience and give rise to liability for such User, other users or for Cravingly or are contrary to the interests of the Platform.
You agree that any termination of your access to the Services may be affected 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
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.
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.
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 Cravingly and you shall have no authority to bind Cravingly in any form or manner, whatsoever.
Cravingly may use consultants and other sub-contractors in connection with the performance of obligations and exercise of rights under these Terms.
You acknowledge that Cravingly’s failure to exercise or enforce any legal right or remedy provided in these Terms (or which Cravingly has the benefit of under any applicable law), will not be construed as a formal waiver of Cravingly’s rights and that Cravingly will still be entitled to use those rights or remedies.
Any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you first started using the Platform are not covered by Cravingly’s policies.
You are not permitted to assign or transfer any rights you have under these Terms without Cravingly’s prior written consent. Furthermore, Cravingly can grant, assign, delegate or transfer its rights, responsibilities, and obligations of these Terms without your prior approval.
Governing Law/Waiver:
This Terms of Use shall be interpreted, construed and enforced in all respects in accordance with the laws of India. Subject to arbitration, Courts of Hyderabad shall have exclusive jurisdiction in any matter related with this Terms of Use. All differences, disputes, issues arising out of these Terms of Use shall be resolved by a Sole Arbitrator appointed under the provision of the Arbitration and Conciliation Act, 1996.
The Arbitration shall be conducted in accordance with the Arbitration & Conciliation Act, 1996 and the accompanying rules. The costs of the Arbitration shall be borne equally by both parties. The decision of the arbitrator shall be final and binding. The arbitration proceedings shall be in English. The venue of the arbitration proceedings shall exclusively be held at Hyderabad.
NOTICE OF COPYRIGHT INFRINGEMENT
Cravingly shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Cravingly Platform, or items advertised on the Cravingly 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 Customers 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 that the 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 perjury that 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;
Send us a written communication to info@cravingly.in.
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
PAYMENT, FEES AND TAXES
You agree to pay all service fees, consulting fees, reasonable expenses and other fees applicable to your use of the services. While we strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of services that you purchase and may vary based on the number or duration of the services subscribed to.
The fees could be paid online through the facility made on the Platform. Cravingly uses a third-party payment processing services and is not responsible for any loss or damage incurred by you during this process by these third parties.
All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount by us.
You may be requested to make the payment immediately or on a deferred basis, at based on the type of service or product being availed by you.
We may share an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.
Cravingly reserves the right to modify the fee structure by modifying these Terms which shall be considered as valid and agreed communication.
FORCE MAJEURE
In the event either party’s performance under this Terms of Use is prevented or delayed in whole or any part due to, circumstances or events beyond their control including but not limited to delays due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis (including quarantines), or other causes of like character ("Force Majeure Event"), then to the extent the parties are prevented or delayed from performing their obligations hereunder by reason thereof despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, the parties shall be excused from performance hereunder for so long as such causes, circumstances or events shall continue to prevent or delay such performance. The occurrence of a Force Majeure Event shall be communicated immediately to the other party.
GRIEVANCE OFFICER
We have appointed a Grievance Officer to address any concerns or grievances that you may have regarding the processing of your Personal Information. In the event you have any such grievances, please write to our Grievance Officer at info@cravingly.in and our officer will attempt to resolve your issues in a timely manner.