This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use Myorde, including any sub domains, Web Pages or extension of Myorde and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Myorde and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the App by accessing or browsing the App and has registered as a user of the App by submitting identification information/ registration details using the computer system of this App and Accepting the electronic record of the User Agreement and has obtained a unique OTP (One Time Password) on his/her/its mobile number for using the App.
Amendment: The Company reserves the right to change this App and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the App on publicly accessible links and you agree by accessing, browsing or using this app that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the App. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the App and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by MyOrde Rules and Policies as provided from time to time.
This App may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the App. A minor is not allowed to access or register as a User or user on the App. If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
MyOrde enables transactions between participant restaurants/merchants and buyers, dealing in prepared food and beverages (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by various neighbourhood merchants including but not limited to the restaurants and eateries (“Merchant/s”).
User may only register with MyOrde if you have the necessary technical requirements at your disposal. Technical requirements are android or IOS smart phone and 3G or higher internet connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the User.
You also give permission to the Company to store details and records of your usage of the App indefinitely. However, this does not constitute any obligation on the part of the Company or the App to do so.
Currently, we have not kept any subscription charges but Business Owner will be charged fees as and when decided by the company. The Company reserves the right to introduce new services or modify the existing services provided on the App. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the App and such changes shall automatically become effective immediately after they are posted on the App.
You are responsible for paying all charges/ fees (if any) associated with the use of the App and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/indefinitely suspend or terminate your membership with the App and disallow access to the App.
1. It is the sole responsibility of participating restaurant ("Restaurant") to honor your order, as and MyOrde is only a conduit between you and the Restaurant. MyOrde 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 deliver order, etc.
2. It is hereby clarified by MyOrde 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.
3. 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. MyOrde shall not be liable in the event food ordered by you does not meet your dietary or any other requirements and restrictions.
4. While placing an order you shall be required to provide certain details. 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 ordering. By providing these details, you express your acceptance to MyOrde’s terms and privacy policies.
5. All prices listed on the MyOrde Platform are placed by the Restaurant. In the event of a conflict between price on the MyOrde Platform and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price.
6. Any request for modification of the confirmed order will be subject to acceptance of the same by the restaurant.
USER INFORMATION & SECURITY
Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the app will grant access to any person who has obtained your mobile number (smart phone) and OTP in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall not be responsible in any manner for any kind of losses whatsoever occurring from such breach of security of mobile number (smart phone) and OTP.
You agree that your sole purpose of registering or using the App is to subscribe for aforesaid services which are specifically notified by the Company on the App from time to time and you shall not use this App for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the App by the Company. You further agree that your use of the App or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
User agrees and acknowledges that any dispute relating to be governed by restaurant policy and shall be treated as dispute between user and restaurant. You agree and acknowledge that company shall never be held responsible for such disputes to payments made to restaurant shall to concerned restaurant. Order cancellation is at discretion of restaurant and MyOrde will not be held liable in this regard.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that: Belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
VIOLATES ANY LAW FOR THE TIME BEING IN FORCE
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person or use an anonymous proxy;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
May give rise to liability on part of the App or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the App without any notice and any such information that is displayed or submitted on the App can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the App to restore or keep back up of your information and data and not hold the App or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the App or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the App and also for taking appropriate legal action.
If you choose to provide feedback on the App which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the App in any manner. Further, you shall not use the App to promote your own or any other person’s business or interests on the App unless permitted by the Company in writing.
Obligations under relevant sections of Indian Cyber Laws
You agree and acknowledge that
You shall not use this App for any purpose that is unlawful and illegal.- You shall not try to penetrate the app and will not implant any virus, Trojan, worm, spyware, malware, spam, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack)
You shall not use this app for publishing or promoting or transmitting pornographic data or child pornographic details
You shall not carry out any web jacking attacks on this app.
You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, 66B, 66C,66D, 66E, 66F, 67, 67A, 67B, 84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address details.
You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages for business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
PRIVACY OF DATA
THIRD PARTY LINKS
"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. "MyOrde Content" means content that MyOrde 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 MyOrde or its users and is available on the Services. Reasonable care has been taken to ascertain the accuracy of all contents. MyOrde unequivocally states that the contents provided in the app should not be considered as the authority on that topic / subject.
You agree to indemnify, defend, and hold harmless the MyOrde 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.
INTELLECTUAL PROPERTY RIGHTS
The graphics, software, display formats (excluding online contents uploaded by any user), design, style, Interface, compilation, digital conversion, flow and every other matters related to the Site are owned by the company and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Myorde.com” and other marks are either trademarks or registered trademarks of Nostech Solutions having its registered office at 8-2-120/110/1/2, Vasant Vihar, Banjara Hills Road No 14, near Nandi Nagar Bus Stand, Hyderabad - 500034, Telengana, India.
You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of Myorde app.
Myorde customer application modules: login & registration module. Locate and view nearby restaurants. View menu card module. Favorites module. Offers module. Order history module. Send request to manager module
Every effort has been made to ensure the originality and authenticity of online contents of Myorde. Similarities with online contents on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the app of Myorde about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Other products/services, restaurant names and brand name displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the site except as allowed by this agreement are strictly prohibited.
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
TERMINATION OF SERVICES
This Agreement shall commence on the Start Date stated in the activation email/SMS and shall survive till it is terminated by the company by sending specific e-notice for the same. If, at any time, we have reasonable grounds to believe that the user is not using the app in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. The user will not be entitled to any refund of money paid within this subscription period. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data accumulated during the suspension period. On expiry or termination of this Agreement for whatever reason the user shall cease all use of the data immediately.
LIMITED LIABILITY CLAUSE
You agree and acknowledge that in no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the App, the Pay Facility, or any other services under this User Agreement. Further, The Company’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. Here, it is clarified that any dispute relating to payments made to restaurant shall be governed by restaurant policy and shall be treated as dispute between you and restaurant. You agree and acknowledge that company shall never be held responsible for such disputes. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App or Pay Facility will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App or Pay Facility.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the App or initiate any legal action it may deem fit, particularly in the event:
You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the App or use the App in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
GRIEVANCE REDRESSAL PROCESS
If you have any queries or grievances regarding the processing or usage of information provided by you in connection with this Policy, please email us at firstname.lastname@example.org
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to support@Myorde.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you. All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the App or the Pay Facility or any service incidental to the App or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Hyderabad, Telengana, India. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Hyderabad, Telengana, India shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
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 MyOrde and you shall have no authority to bind MyOrde in any form or manner, whatsoever.