Terms and Condition

Effective Date: 08/02/2023

Site Covered: 08/02/2023

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

THE AGREEMENT: The use of this website and services on this website provided by “WAAYU” (hereinafter referred to as “We”, “Us”, “Our” , “Website”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all the pages on this website (hereinafter collectively referred to as the “Website”) and any services provided by or on this Website (“Services”). If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use.

1. PROPRIETARY RIGHTS

Copyrights. All the contents on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are either Copyright or are the proprietary property of WAAYU's affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WAAYU’s prior written permission. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of “WAAYU” or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WAAYU. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WAAYU Or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WAAYU. Other trademarks, registered trademarks, product names and other names of Restaurants, Hotels or Cafes or their respective logos displayed on the Site are the property of their respective owners.

Patents. WAAYU's products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. WAAYU  reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to violate or infringe  upon such rights or decompile, reverse engineer, or disassemble any of the WAAYU's products or processes.

Software. Any software, including any files, images generated by the software code and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to WAAYU. WAAYU retains absolute and complete title to and all the intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any of the Software.

 

2. USER CONDUCT

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;

(b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;

(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

(d) not to use or attempt to use another's account, service or system without authorization from WAAYU, or create or use a false identity on this Site;

(e) not to transmit through or on this Site, spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

(f) not to divulge your username and password to others either on or off the Site;

(g) not to obtain or attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,

(h) In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations. This Site is controlled and operated in India. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site.

3. USER CONDUCT- ONLINE COMMUNITIES AND OTHER INTERACTIVE AREAS

The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property rights, that could constitute a criminal offense, give rise to civil and criminal liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities. WAAYU reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless WAAYU and its affiliates and parties with whom WAAYU has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

4. ONLINE COMMUNICATIONS ON AND THROUGH THE SITE

Except as otherwise provided in Clause 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, purchase foods & beverages orders, performance, data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such Information to WAAYU, via email or other means, you grant to WAAYU an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose.

5. PRIVACY POLICY

You acknowledge and agree that WAAYU may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. We reserve the right to change this Privacy Policy from time to time. We shall not reduce your rights under this Privacy Policy without your explicit consent.

6. WAAYU CONTENT , PRODUCT AND SERVICE INFORMATION - LIMITATIONS

All content available through the Site, including but not limited to data, technical drawings,  and purchase order information and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for food products & beverages and services are subject to change without notice and WAAYU reserves the right to make changes and accurate amendments without notice to processing, materials, or configuration. WAAYU does not guarantee that the food products & beverages or services listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of Clause 8 below.

WAAYU Mobile Application is owned and developed by Destek Infosolutions Pvt. Ltd. solely and exclusively.

7. LINKS AND THIRD PARTY CONTENT .

LINKS TO OTHER WEBSITES

This Site may, from time to time, contain links to other Websites. These links are provided as a convenience and are absolutely not under the control of WAAYU and do not constitute an endorsement, sponsorship or recommendation by WAAYU. Inclusion of or linking to any third party site does not imply approval by us.

Links from Other Web Sites

All links to this Site must be approved in writing by WAAYU except that WAAYU consents to links in which:

(1) the link is a text-only link containing only the title of the home page of this Site;

(2) the link "points" only to the homepage of the Site and not to deeper pages;

(3) the link, when activated by a user, displays this home page of the Site full-screen and not within a "frame" on the linked Web site and

(4) the appearance, position, and other aspects of the link does not

• create the false appearance that an entity or its activities or its food products are associated with or sponsored by WAAYU or its affiliates, or
• be such as to damage or dilute the goodwill associated with the name and trademarks of WAAYU or its affiliates. WAAYU reserves the right to revoke this consent to link at any time in its sole discretion.

Third Party Content.

This Site may, from time to time, contain material, data or information provided, posted or offered by the third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither WAAYU nor its affiliates shall have any liability whatsoever towards you for any such third party material, data or information. If you access a third party website, you do so at your own risk. WAAYU does not endorse or accept any responsibility for third party sites or third party contents.

8. NO LIABILITY

1. WAAYU hereby makes it clear that WAAYU is neither a manufacturer nor a seller nor a distributor of any products of foods and beverages.
2. WAAYU is only a technology platform and a facilitator which facilitates the Customers to place online orders of foods & beverages to the respective onboarded Restaurants, Hotels and Cafes.
3. WAAYU shall not be liable for any actions or omissions by the onboarded Restaurants, Hotels and Cafes including deficiency in service, wrong delivery or order, quality of foods & beverages, delayed delivery of food products and beverages.
4. WAAYU clearly states that, the liability of any violation of The Food Safety and Standards Act, 2006 and applicable rules & regulations made thereunder shall solely be towards the Restaurant Owners or manufacturers of Food Products. Further, WAAYU shall not be liable in the event that the food ordered by the Customer does not meet the Customer’s dietary requirements or any other requirements.
5. WAAYU makes it clear that, in case, due to the above mentioned causes, if any Customer is aggrieved by the Services, the arising dispute shall only be between the aggrieved customer and the respective Restaurant, Hotel or Cafe Owner. WAAYU shall not be liable and also shall not be a party to any such dispute between the customer and the respective restaurant owner.

9. DISCLAIMERS

 THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WAAYU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT WAAYU DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WAAYU  AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. WAAYU DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES WAAYU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE USE OF THIS SITE.

WAAYU ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NON DELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WAAYU, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WAAYU DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAAYU OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WAAYU OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PARTNERS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, COLLATERAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WAAYU  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE USERS ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

 

11. GENERAL PROVISIONS:

1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language. 

1. JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and us, with the exception of its conflict of legal provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the local courts of India. The Parties agree that this a choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. 

1. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally, amicably and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to the binding arbitration. The arbitration shall be conducted in India. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing laws of the State of Each Party shall pay their own costs and fees. Claims necessitating arbitration under this Clause include, but are not limited to: contract claims, tort claims, claims based on state laws and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us shall not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. 

1. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by us, the rights and liabilities of us will bind and insure to any assignees, administrators, successors, and executors. 

1. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts shall be enforceable to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force. 

1. NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provisions. Waiver of any part or sub-part of this Agreement shall not constitute a waiver of any other part or sub-part. 

1. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement. 

1. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. 

1. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. 

1. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: contact@waayu.app .