I. Acceptance of terms Thank you for using Hardeep Punjab. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Hardeep Punjab website at www.hardeeppunjab.com (the "Site") and any related mobile or software applications ("Hardeep Punjab 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").
These Terms are effective for all existing and future Hardeep Punjab users, including but without limitation to users having access to 'restaurant business page' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Hardeep Punjab Platform, you are agreeing to these Terms and concluding a legally binding contract with Hardeep Punjab Media Pvt. Ltd. and/or its affiliates or, if you are in the United States, with Hardeep Punjab USA, LLC and/or its affiliates (hereinafter collectively referred to as "Hardeep Punjab"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Hardeep Punjab Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by Hardeep Punjab in the user interface for any particular Service; or Actually using the Services. In this case, you understand and agree that Hardeep Punjab will treat your use of the Services as acceptance of the Terms from that point onwards.
II. Definitions User "User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, 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 "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Hardeep Punjab Content" means content that Hardeep Punjab creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Hardeep Punjab or its users and is available on the Services.
Restaurant(s) "Restaurant" means the restaurants listed on Hardeep Punjab and any related mobile or software applications of Hardeep Punjab.
III. Eligibility to use 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).
IV. Changes to the terms Hardeep Punjab 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 Hardeep Punjab 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.
V. Translation of the terms Hardeep Punjab may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Hardeep Punjab. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
VI. Provision of the services being offered by Hardeep Punjab Hardeep Punjab is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Hardeep Punjab provides, may require effecting certain changes in it, therefore, Hardeep Punjab 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 Hardeep Punjab 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 Hardeep Punjab may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Hardeep Punjab may set such fixed upper limits at any time, at Hardeep Punjab's discretion.
By using Hardeep Punjab's Services you agree to the following disclaimers:
The Content on these Services is for informational purposes only. Hardeep Punjab disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Hardeep Punjab reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Hardeep Punjab does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Hardeep Punjab. 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 Hardeep Punjab. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Hardeep Punjab.
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 Platform is for informational purposes only. Such Certification is displayed by Hardeep Punjab on an 'as available' basis that is provided to Hardeep Punjab by the Restaurant partner(s). Hardeep Punjab 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 user upon the Certification or information thereto shall be strictly at such user's own risk and Hardeep Punjab 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.
Hardeep Punjab reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Hardeep Punjab Platform anytime in future.
Hardeep Punjab may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Hardeep Punjab Platform terms. Further, Hardeep Punjab reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if Hardeep Punjab determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Hardeep Punjab Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Hardeep Punjab reserves the right to modify, cancel and discontinue its Program without notice to the User.
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 Hardeep Punjab 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 Hardeep Punjab account for any purpose and that you will be liable for such unauthroized access.
By creating an account, you agree to receive certain communications in connection with Hardeep Punjab Platform or Services. For example, you might receive commentsfrom other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
Others Terms 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 Hardeep Punjab 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 Hardeep Punjab. You explicitly agree and permit Hardeep Punjab to record all this information when you avail the telephony services through the Hardeep Punjab provided phone lines on the Hardeep Punjab Platform.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the data owned by Hardeep Punjab (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Hardeep Punjab in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Hardeep Punjab, unless you have been specifically allowed to do so, by way of a separate agreement with Hardeep Punjab. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
VIII. Content Ownership of Hardeep Punjab Content and Proprietary Rights We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Hardeep Punjab 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 Hardeep Punjab and that you shall not disclose such information without Hardeep Punjab's prior written consent.
You agree to protect Hardeep Punjab'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 Hardeep Punjab (or Hardeep Punjab'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 Hardeep Punjab and that you shall not disclose such information without Hardeep Punjab's prior written consent. Unless you have agreed otherwise in writing with Hardeep Punjab, nothing in the Terms gives you a right to use any of Hardeep Punjab'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 Hardeep Punjab; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Hardeep Punjab's Content in whole or in part except as expressly authorized by Hardeep Punjab.
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.
Your License to Hardeep Punjab Content We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Hardeep Punjab 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, Hardeep Punjab 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.
Hardeep Punjab License to Your or User Content By submitting Your Content you hereby irrevocably grant Hardeep Punjab 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 Hardeep Punjab or its Users, any third party services and their users.
Representations Regarding Your or User Content You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and 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 laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Hardeep Punjab.
Content Removal We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of User Content, from such Restaurant's listing page at its sole discretion.
Third party content, including content posted by our users, 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 Hardeep Punjab is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 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.
User Reviews User reviews or ratings for Restaurants do not reflect the opinion of Hardeep Punjab. Hardeep Punjab receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Hardeep Punjab is the personal opinion of the user/reviewer only. Hardeep Punjab is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Hardeep Punjab Platform are independent of the reviews recieved 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 user's review violates any of the Hardeep Punjab' policies, the restaurant may write to us at neutrality@Hardeep Punjab.com and bring such violation to our attention. Hardeep Punjab 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
X. Restrictions on use Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
Violate our Guidelines and Polices; Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
Contains material that violates the standards of good taste or the standards of the Services;
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuses others of illegal activity, or describes physical confrontations;
Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Attempts to impersonate another person or entity; Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
Asserts or implies that Your Content is in any way sponsored or endorsed by us; Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
Falsely states, misrepresents, or conceals your affiliation with another person or entity;
Accesses or uses the account of another user without permission; Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services; "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
Collects, accesses, or stores personal information about other users of the Services;
Is posted by a bot; Harms minors in any way; Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or Attempts to do any of the foregoing.
You acknowledge that Hardeep Punjab has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
You hereby agree and assure Hardeep Punjab that the Hardeep Punjab Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Hardeep Punjab in any form or manner whatsoever.
XI. User feedback If you share or send any ideas, suggestions, changes or documents regarding Hardeep Punjab's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Hardeep Punjab is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Hardeep Punjab may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Hardeep Punjab and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Hardeep Punjab's existing products or marketing strategies; do not include any ideas that Hardeep Punjab's policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, Hardeep Punjab 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 Hardeep Punjab or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Hardeep Punjab's products or marketing strategies might seem similar to ideas submitted to Hardeep Punjab. 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 Hardeep Punjab, without any compensation to you; (2) Hardeep Punjab may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Hardeep Punjab to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
XII. 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 Hardeep Punjab on the Services are subject to change without specific notice to you. In consideration for Hardeep Punjab granting you access to and use of the Services, you agree that Hardeep Punjab may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Hardeep Punjab by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Hardeep Punjab 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 Hardeep Punjab found on or through the Hardeep Punjab 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. Hardeep Punjab 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 Hardeep Punjab Platform and mobile application.
XIII. Additional Terms and Conditions for Users using the various services offered by Hardeep Punjab: A. ONLINE FOOD ORDERING: It is the sole responsibility of participating restaurant ("Restaurant") to honor your order, as and Hardeep Punjab is only a conduit between you and the Restaurant. Hardeep Punjab shall not be liable for any acts or omissions on part of the Restaurant including deficiency in service, wrong delivery of order, quality of food, time taken to prepare or deliver the order, etc.
For the users in India, it is hereby clarified by Hardeep Punjab that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant, importers or manufacturers of the food 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 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. Hardeep Punjab shall not be liable in the event food ordered by you does not meet your dietary or any other requirements and 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 Hardeep Punjab's terms and privacy policies.
You or any person instructed by you shall not use food purchased via the Hardeep Punjab Platform for resale.
You agree that where either Restaurant or Hardeep Punjab is undertaking delivery of an Order, Hardeep Punjab is authorized to collect an additional charge for the delivery service ("Delivery Charge"). The Delivery charge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, demand during peak hours. Hardeep Punjab will use reasonable efforts to inform you of the Delivery Charge that may apply to you, provided you will be responsible for Delivery Charge incurred for your Order regardless of your awareness of such Delivery Charge.
All prices listed on the Hardeep Punjab Platform are correct at the time of publication, and have been placed as received from the Restaurant. While we take great care to keep them up to date, the final price charged to you by the Restaurant may change at the time of delivery. In the event of a conflict between price on the Hardeep Punjab Platform and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price except Delivery Charge of Hardeep Punjab.
The total price for food ordered, including delivery charges and other charges, will be displayed on the Hardeep Punjab Platform when you place your order. Users shall make full paymenttowards such food ordered via the Hardeep Punjab Platform.
Delivery periods/Pickup time quoted at the time of ordering are approximate only, and may vary. When You opt for Pickup, You shall be solely liable to ensure compliance with the conditions governing the Pickup at the time of placing the Order, and Hardeep Punjab shall not be liable in any manner in this regard.
Personal Promo code can only be used by You subject to such terms and conditions set forth by Hardeep Punjab from time to time.
Cancellation and refund policy:
You cannot cancel an Order once the Restaurant has provided its confirmation.
In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds.
No replacement / refund / or any other resolution will be provided without Restaurant’s permission.
Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order, 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 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.
For India only
Eligibility: To become eligible for Hardeep Punjab’s loyalty program ("Piggybank"), you must be a Subscribed User of the Hardeep Punjab Platform. A “Subscribed User or "You" or "Your” for the purpose of this clause means a user who has subscribed to Hardeep Punjab Platform by creating an account on the Hardeep Punjab Platform using his/her email or any other mode as made available on the Hardeep Punjab Platform.
Loyalty Points: You will earn reward points equivalent to 10% of the Order value (“Coins”) for every Order made through the Hardeep Punjab Platform.
Accumulated Coins, may be utilized by You for availing discount upto 10% of order value (rounded down) less taxes, on any future Order on the Hardeep Punjab Platform at any participating Restaurant.
You can utilize the accumulated Coins only through your account and cannot pool Coins from different accounts
You cannot sell or transfer your Coins to anyone.
Your Coins will expire when you delete your Hardeep Punjab account or Hardeep Punjab withdraws Piggybank.
Every time, You place an Order from the Restaurant participating in Piggybank, Hardeep Punjab shall contribute INR 1(Rupees One Only) to a charitable cause.
Hardeep Punjab reserves the right to withdraw Piggybank at any time and/or modify the terms and conditions for Piggybank, without any prior intimation to You. In case Hardeep Punjab withdraws Piggybank, the Coins accumulated in Your account shall lapse and You will be unable to utilize it.
B. BOOK SERVICE/TABLE RESERVATIONS: The user can make a request for booking a table at a restaurant, offering table reservation via the Hardeep Punjab Platform and related mobile or software application and such booking will be confirmed to a user by email, short message service ("SMS") and/or by any other means of communication only after the restaurant accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a table reservation. While using the Hardeep Punjab Book Service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Hardeep Punjab's terms and privacy policies and agree to receive booking confirmations by email SMS and/or by any other means of communication after booking a table through the Hardeep Punjab Book Service. User further agrees not to make more than one reservation for user's personal use for the same mealtime.
Fees: Hardeep Punjab may charge booking fee ("Booking Fee") from the user upon availing the Hardeep Punjab Book Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the user at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the restaurant from which payment has been made for identification purposes.
Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant. Hardeep Punjab will use its best endeavors to keep the user informed of the status of the booking. For bookings where Booking Fee is not applicable, the user may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the user is required to cancel the confirmed booking twenty four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Hardeep Punjab shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, Hardeep Punjab reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above.
Late Arrivals: Hardeep Punjab advises the users to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Hardeep Punjab shall in no manner be liable for such cancellation initiated by the Restaurant. Hardeep Punjab hereby reserves its right to retain the Booking Fee paid by the users, in the event the user is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the restaurant.
Dispute: In the event the restaurant fails to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with Hardeep Punjab within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Hardeep Punjab will make reasonable efforts to verify the facts of such complaint/ dispute with the restaurant and may at its sole discretion initiate the refund of the Booking Fee to such user.
Additional Request: In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the restaurant by Hardeep Punjab and confirmed to the user basis restaurant's response. While Hardeep Punjab will take all the care to ensure timely communication of these requests to both the user and the restaurant, the liability to fulfill the request lies solely with the restaurant and Hardeep Punjab shall in no manner be liable if the restaurant does not honor any of the confirmed additional requests of the users.
Call Recording: Hardeep Punjab may contact via telephone, SMS or other electronic messaging or by email with information about your Hardeep Punjab Book Service or any feedback thereon. Any calls that may be made by Hardeep Punjab, by itself or through a third party, to the users or the restaurant pertaining to any booking requests of a user may be recorded for internal training and quality purposes by Hardeep Punjab or any third party appointed by Hardeep Punjab.
Liability Limitation: Notwithstanding anything otherwise set out herein, Hardeep Punjab shall in no manner be liable in any way for any in-person interactions with the restaurant as a result of the booking or for the User's experience at the restaurant or in the event a restaurant does not honor a confirmed booking. Hardeep Punjab is only a platform connecting users to the restaurant and shall not be liable for any acts or omissions on part of the restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the user.
C. Hardeep Punjab GOLD: Hardeep Punjab Gold is a membership based program available in select countries which allows its members to avail offer(s) (as defined below) on food and beverage items (“Offer(s)”) offered by a host of restaurants which have partnered with Hardeep Punjab ("Partner Restaurants").
Membership: As a member of Hardeep Punjab Gold, You will be entitled to avail Offer(s) at the Partner Restaurants based on and subject to the membership plan purchased by You via the Hardeep Punjab Platform read along with these Terms.
In order to avail the Offer(s), You shall ensure to provide Your membership details, which shall be available on Your Hardeep Punjab mobile application, to the representative of the Partner Restaurant at the time of placing Your order and prior to billing.
Your Hardeep Punjab Gold membership cannot be used on more than two devices during the term of Your membership. The member will be responsible to pay the Partner Restaurant all costs and charges payable for all the other items consumed by the members, which are not covered under the Offers. In the event that a member does not settle all costs and charges payable by him/her, Hardeep Punjab shall, after ascertaining itself of the correctness of the claim of the Partner Restaurant, reach out to the member on behalf of the Partner Restaurant, to resolve the dispute amicably. In the event that the member is unable to provide sufficient proof of payment of the costs and charges payable by him/her, Hardeep Punjab shall reserve the right to cancel such members Hardeep Punjab Gold membership without refund. Additionally, the Partner Restaurant shall be entitled to charge you towards service charge, value added taxes, or any other statutory charges, as applicable, for the items ordered by you including the complimentary food item or beverages, which are not covered under Hardeep Punjab Gold Offers and You will be solely liable to pay such additional charges.
The Offer(s): (i) can be redeemed only at the Partner Restaurants and such Partner Restaurants may be updated from time to time; (ii) can be redeemed only in accordance to your membership plan; (iii) is not valid on home delivery or take away; (iv) cannot be clubbed with any other offers or discounts or deals or combos extended by Partner Restaurant or Hardeep Punjab or any other third party; (v) is not exchangeable for cash; (vi) requires a minimum of 2 people on the table; (vii) can be redeemed at each Partner Restaurant not more than once in a day; (viii) can be redeemed only if the member is physically present at the time of unlocking the visit; (ix) on food is not valid on set menus, special menus, buffets and thalis; (x) on the food requires the complimentary dish be of the same or lesser value; (xi) on beverages is valid for up to two rounds per visit only and the complimentary beverage shall be the same beverage; (xii) on beverages is on standard measures; (xiii) is applicable on all beverages except beverages sold on MRP and packaged non-alcoholic beverages.
Additional conditions for Hardeep Punjab Gold members in India: i) The number of redemptions, you can exercise shall be in accordance to the table:
ii) In the event the number of Customers on a table exceeds 10 (Ten), for any two additional Customer, the Customer may claim 1(one) additional Hardeep Punjab Gold redemption.
Update: The Partner Restaurants may change from time to time and the members are advised to keep a check on the updated list of Partner Restaurants from time to time at Hardeep Punjab’s Platform.
Fees: In order to avail Hardeep Punjab Gold, members are required to pay a membership fee which shall be based on the membership plan opted by such member. The fee chargeable for the membership plan shall be predetermined and may be revised by Hardeep Punjab at its sole discretion, from time to time. Any revision in this membership fee shall be notified to the members fifteen (15) days prior to implementing such revision.
Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Hardeep Punjab Platform. Your access to Hardeep Punjab Gold shall be subject to receipt of successful payments by Hardeep Punjab. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Hardeep Punjab shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Hardeep Punjab.
Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.
Renewal and Cancellation: The membership is non-transferable and non-refundable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Hardeep Punjab Platform. In the event you do not wish to renew the membership, you can cancel the membership at any time prior to the expiry of your membership plan. Upon cancellation of your membership, your membership plan will not be auto-renewed and you can continue to access all the unredeemed Hardeep Punjab Gold Offer(s) in your cancelled membership plan until the expiry of the validity period. To cancel your membership, you are required to go to your Hardeep Punjab Gold Plan on Account page on the Hardeep Punjab Platform and cancel your membership. Hardeep Punjab reserves the right to cancel any members’ Hardeep Punjab Gold membership at any time and refund his/her membership fee.
Hardeep Punjab reserves the right to terminate / suspend Your membership to the Hardeep Punjab Gold, if Hardeep Punjab determines in its sole discretion that (i) You have violated the terms of Hardeep Punjab Gold set out herein, (ii) have been involved in activities that are in contravention of the Hardeep Punjab Gold terms and/or any terms for the usage of Hardeep Punjab Platform; or (iii) have engaged in activities which are fraudulent / unlawful in nature while availing any of Services of Hardeep Punjab. Exclusion Days: Hardeep Punjab Gold Offer(s) can be used any day of the week during the opening hours of the Partner Restaurant except on Exclusion Days which can be found here. In addition the Exclusion Days mentioned herein the Hardeep Punjab Gold Offer(s) shall not be extended by Partner Restaurant on the days prohibited by law or regulation and/or any other days as determined by the Partner Restaurant. Members are advised to make prior enquiry with the Partner Restaurants to confirm whether the Hardeep Punjab Gold Offer(s) can be redeemed.
Exclusion Days for United Arab Emirates No. DATE EVENT 1 December 31 and January 1 New Year's Eve/Day 2 February 14 Valentine's Day 3 As per lunar calendar Eid Al Fitr 4 As per lunar calendar Eid Al Adha 5 December 2 and December 3 National Day 6 December 24 and December 25 Christmas Eve/Day
Exclusion Days for Portugal No. DATE EVENT 1 December 31 and January 1 New Year's Eve/Day 2 February 14 Valentine's Day 3 March 19 Father's Day 4 1st Sunday of May Mother's Day 5 Easter Sunday Easter 6 December 24 and December 25 Christmas Eve/Day
Exclusion Days for India No. DATE EVENT 1 December 31 and January 1 New Year's Eve/Day 2 February 14 Valentine's Day 3 October 15 - 19 Durga Puja (applicable in West Bengal only) 4 November 6 - 7 Diwali Eve/Day 5 December 24 and December 25 Christmas Eve/Day Exclusion Days for Indonesia No. DATE EVENT 1 February 14 Valentine's Day 2 December 24 and December 25 Christmas Eve/Day 3 December 31 and January 1 New Year's Eve/Day 4 As per Indonesian Calendar Chinese New Year 5 As per Indonesian Calendar Lebaran Day
Exclusion Days for Philippines No. DATE EVENT 1 February 14 Valentine's Day 2 December 24 and December 25 Christmas Eve/Day 3 December 31 and January 1 New Year's Eve/Day 4 Third Sunday of June Father's Day 5 Second Sunday of May Mother's Day 6 As per Philippines calendar Easter
Disclaimer: The liability to fulfill the Offer rests solely with the Partner Restaurant and Hardeep Punjab shall in no manner be liable if the Partner Restaurant does not honor any of the Offer(s). The Partner Restaurant reserves the right to refuse service to anyone in accordance with its policies. However, in the event the Partner Restaurant refuses to honour the Offer(s) in accordance with these Terms, please reach us via chat support on the Hardeep Punjab app or write to us at gold@Hardeep Punjab.com and we shall use our best endeavor to assist you.
The User acknowledges that Hardeep Punjab bears no responsibility for the compliance with statutory rules, regulations and licenses by Partner Restaurant. The user agrees that Hardeep Punjab shall not tbe liable in any manner if the User is unable to avail the Offer(s) with a Partner Restaurant due to the Partner Restaurant’s violation of any statutory rule, regulation and license.
Liability Limitation: Notwithstanding anything otherwise set out herein, Hardeep Punjab shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Restaurant or for the member’s experience at the Partner Restaurant. Hardeep Punjab shall in no manner be liable to the member if any outlet of Partner Restaurant temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Hardeep Punjab’s aggregate liability for any or all claims arising from or in connection with your use of Hardeep Punjab Gold shall be limited to the membership fee paid by you at the time of purchasing the membership.
Call Recording (For Hardeep Punjab Gold members in India only): Hardeep Punjab may contact Hardeep Punjab Gold members via telephone, SMS or other electronic messaging or by email with information about your Hardeep Punjab Gold experience or any feedback thereon. Any calls that may be made by Hardeep Punjab, by itself or through a third party, to the Members or the restaurant pertaining to the experience of a user may be recorded for internal training and quality purposes by Hardeep Punjab or any third party appointed by Hardeep Punjab.
Assignment: Hardeep Punjab may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
D. Hardeep Punjab TREATS: Hardeep Punjab Treats is a membership based program available to select countries which allows its members to avail the Hardeep Punjab Treats Offer(s) (as defined below) offered by a host of restaurants which have partnered with Hardeep Punjab ("Partner Restaurants").
Membership: Upon subscribing to Hardeep Punjab Treats, you will be entitled to get a pre-determined free dessert or beverage item with every meal you order online via Hardeep Punjab Platform from Partner Restaurants ("Hardeep Punjab Treats Offer"). The Hardeep Punjab Treats Offer (i) cannot be availed independently and shall be valid only along with every meal you order online using the Hardeep Punjab Platform from Partner Restaurants; (ii) can be redeemed only in accordance to your membership plan; and (iii) is not exchangeable for cash. You will be liable to pay the Partner Restaurant all costs and charges payable for all the other items ordered via the Hardeep Punjab Platform.
Update: The Partner Restaurants may change from time to time and the members are advised to keep a check on the updated list of Partner Restaurants from time to time at Hardeep Punjab's Platform.
Fees: In order to avail Hardeep Punjab Treats, you are required to pay a membership fee which shall be based on the membership plan opted by such member. The fee chargeable for the membership plan shall be predetermined and may be revised by Hardeep Punjab at its sole discretion, from time to time.
Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Hardeep Punjab Platform. Your access to Hardeep Punjab Treats shall be subject to receipt of successful payments by Hardeep Punjab. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Hardeep Punjab shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Hardeep Punjab.
Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.
Renewal and Cancellation: The membership is non-transferable and non-refundable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Hardeep Punjab Platform. In the event you do not wish to renew the membership, you can cancel the membership at any time prior to the expiry of your membership plan. Upon cancellation of any renewal, your membership plan will not be auto-renewed, and you may continue to avail the unutilized Hardeep Punjab Treats Offer as per your membership plan until the expiry of the validity period of such membership plan. To cancel your membership, you are required to go to your Hardeep Punjab Treats Plan on Account page on the Hardeep Punjab Platform and cancel your membership.
Disclaimer: The liability to fulfill the Hardeep Punjab Treats Offer rests solely with the Partner Restaurant and Hardeep Punjab shall in no manner be liable if the Partner Restaurant does not honour any of the Hardeep Punjab Treats Offer(s) or in the event dessert or beverage item ordered under the Hardeep Punjab Treats Offer is not available at the Partner Restaurants. However, in the event the Partner Restaurant refuses to honour the Hardeep Punjab Treats Offer(s) in accordance with these Terms.
Liability Limitation: Hardeep Punjab shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Restaurant or if any outlet of Partner Restaurant temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Hardeep Punjab's aggregate liability for any or all claims arising from or in connection with your use of Hardeep Punjab Treats membership plan shall be limited to the membership fee paid by you at the time of purchasing such membership.
Assignment: Hardeep Punjab may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
E. FOOD HYGIENE RATINGS: The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of Hardeep Punjab in partnership with certified auditors ("Hygiene Auditor(s)") to audit restaurants. The User acknowledges that Hardeep Punjab is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.
The User understands and agrees that the Hygiene Rating(s) displayed on the Hardeep Punjab Platform are for informational purposes only and merely indicate the hygiene standards of a restaurant at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards maintained by a restaurant.
Validity: The validity of the Hygiene Rating(s) displayed on the Hardeep Punjab Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the Hardeep Punjab Platform.
Hardeep Punjab reserves the right to remove the Hygiene Rating(s) for a restaurant upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the User.
Disclaimer and Liability: The Hygiene Rating(s) that are displayed on the Hardeep Punjab Platform are on an 'as available' basis, based on the data provided to Hardeep Punjab by the Hygiene Auditor(s) for a restaurant and Hardeep Punjab disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the Hardeep Punjab Platform.
Any actions taken by a User relying upon the Hygiene Rating(s) or any information displayed in this regard on the Hardeep Punjab Platform shall be strictly at such User's own risk and Hardeep Punjab shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Hardeep Punjab expressly disclaims all liabilities that may arise in connection to the reliance by a User on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a restaurant, or any other services that may be provided by a restaurant.
Hardeep Punjab shall under no circumstances be held liable if a restaurant does not display the correct and accurate Hygiene Rating(s) on its restaurant premises, website or any other platform.
The User acknowledges that the Hygiene Rating(s) as displayed on the Hardeep Punjab Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the restaurant and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The User further understands that the restaurant is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.
XIV. Disclaimer of warranties, limitation of liability, and Indemnification Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Hardeep Punjab, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("Hardeep Punjab 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 Hardeep Punjab 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 Hardeep Punjab PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hardeep Punjab 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 Hardeep Punjab, 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.
Indemnification You agree to indemnify, defend, and hold harmless the Hardeep Punjab Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XV. Termination of your access to the services You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be 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
XVI. General terms Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Hardeep Punjab and you shall have no authority to bind Hardeep Punjab in any form or manner, whatsoever.
Governing Law/Waiver: For Users residing in the United States: These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hardeep Punjab must be resolved exclusively by a state or federal court located in the Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and Hardeep Punjab.
For Users residing outside the United States: These Terms shall be governed by the laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply: By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing: You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVII. Notice of copyright infringement and grievance redressal mechanism Hardeep Punjab shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Hardeep Punjab Platform, or items advertised on the Hardeep Punjab 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 users 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;