Terms & Conditions

TERMS & CONDITIONS

We, Prayosha Food Services Private Limited ("We", "Us", "Our", “Company”), respect the privacy of everyone who visits this website, uses the desktop application and/or uses our mobile applications (the website, desktop application and the mobile application are collectively called, the “onlineemenu Platforms”). The Company has created the onlineemenu Platforms and licensed the use of the same, as part of its business operations. The services are rendered by the Company through the onlineemenu Platforms.

We are highly committed to the privacy of your data and information and in providing services to all the subscribers / users of the onlineemenu Platforms. As a result, we would like to inform you regarding the way we would collect, process, store and use your personal data. We recommend you to read this privacy policy (hereinafter referred to as “Policy”) so that you understand our approach towards the use of your personal data. This Policy shall form part of the Terms of Services and any other additional Terms of Use issued by the Company with respect to the use of the Services in the onlineemenu Platforms and is in compliance with applicable laws and regulations, including, but not limited to the Information Technology Act, 2000, as well as with the European Union General Data Protection Regulation (“GDPR”) standards.

Personal Information

We limit the collection of personal data to only that which is absolutely necessary to carry out our legal or business obligations. In some cases however the provision of personal data may be partly required by law (e.g. tax regulations), is needed as part of or as a result of contractual negotiations, or as part of providing a service. The non-provision of the personal data would have the consequence that the contract or service with the data subject could not be provided or concluded, therefore is considered legitimate interest for processing.

Any information that is collected from you during the process of registration and subscription of the Services available at the onlineemenu Platforms, further during the course of accessing and using the Services available at the onlineemenu Platforms, shall be referred to as Personal Information. Personal Information shall include, but not limited to:

1. Name/ Company Name

2. Email

3. Phone number

4. Address

5. We also collect your billing information when you use our Services through our onlineemenu Platforms

6. During the process of completing any customer survey, any information or reviews or comments mentioned by you.

7. Any sensitive personal data information as provided under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 such as passwords, financial data, data identifying the gender of the person, etc.

Rights of a Data Subject

Right to be informed: You have the right to be informed about what information is being collected, and how it is being used.

Right of access: You have the right to access and receive a copy of Your data

Right to rectification: You have the right to correct any inaccurate data, or complete any incomplete data.

Usage of Personal Information:

We use the Personal Information and all other information provided by you to process your request for Services and to provide you the Services.

If you sign up to receive email newsletters or promotional materials from us, we will use the information you give us to provide the communications you have requested. You can cancel email newsletters or promotional materials by selecting unsubscribe at the bottom of such communication. If you no longer wish to receive push notifications, you may turn them off at your device level.

Security of Your Personal Information

We endeavour to take appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your Personal Information and to maintain data security. These safeguards take into account the sensitivity of the Personal Information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.

We host our product in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security us.

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your Personal Information secure. You should not share your user name, password, or other security information with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions. You using the onlineemenu Platforms and accessing the Services provided by the Company shall mean that you have agreed to the terms of this Policy and no such separate agreement is required from your end.

You acknowledge that we shall not be liable to you under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of, or a breach or, or compromise of registration of your account with us and/or your ability or inability to use your account.

onlineemenu (hereinafter referred to as "Company", "We", "Us", or "Our") owns and maintains the website, www.onlineemenu.com, (“Website”). The Company provides Online restaurant ordering services through the Website wherein the Company provides a secure platform offering database storage, compute power, content delivery and other functionality to various Subscribers (as defined below) (“Products”).

By using the Website or the Products, you (“User,” “You,” or “Your”, “Yourself” which shall mean and include, where the context so requires, its successors, permitted assigns, legal heirs, and representatives) are agreeing to be bound by the following terms and conditions (“Terms of Use”). In the event You do not agree to accept and abide by the Terms of Use, please do not access or use this Website or any pages thereof and please do not avail of any of the Products offered on or through the Website.

Please note that by clicking on the “ACCEPT” icon and using the Website, it will be deemed that You have read and understood the Terms of Use and that You agree to accept and abide by such Terms of Use.

The Company may make changes, without prior notification, to the Terms of Use from time to time at the Company’s sole discretion, including, augmenting or enhancing the Products, releasing new tools or imposing additional charges for access to or use of the Product. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. The Website may require You to provide Your consent to the updated Terms of Use in a specified manner before any further use of the Website and/or the Products is permitted. If no such separate consent is sought, Your continued use of the Website or the Product, following changes to the Terms of Use, will constitute Your acceptance of those changes. If You do not agree to the modified Terms of Use, Your only recourse would be to cease using the Website and the Products.

Registration and Account Information

1.1. The Products shall be available to the Subscribers through a registration process, whereby You will be required to furnish certain information and details, including Your name, e-mail address and any other information deemed necessary (“Account Information”). Based on the information provided by You, an account (“Account”) with the Website would be created for Your use of the Website and Products. For the purposes of these Terms of Use “Subscriber” shall mean to include an individual, company, sole proprietorship, partnership or such other entity organized as per the laws of the territory where it is situated that is registered on the Website and has purchased the Products from the Company.

1.2. You will receive a password for Your Account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under Your password or Account. You agree to (a) immediately notify the Website of any unauthorized use of Your password or Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Website shall not be liable for any loss or damage of information arising from Your failure to comply with the maintenance of Your Account or password. You may be held liable for losses incurred by the Company due to an authorized or unauthorized use of Your Account Information or password as a result of Your failure in keeping Your Account Information secure and confidential.

1.3. You expressly agree that Your Account Information will be complete, accurate and up-to-date.

1.4. The Company may at any given point of time require that You change Your Account Information or certain parts of Your Account Information at any time without assigning any reasons.

1.5. In consideration of Your use of the Products, You represent that You are eligible in accordance with the applicable laws to enter into a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about Yourself as prompted by the Website's registration form. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Website or the Products (or any portion thereof).

1.6. Upon completion of the registration process and obtaining an Account with the Website, You agree that the understanding provided herein between You and the Company constitutes a binding agreement between the parties.

1.7. On completion of the registration, the Company shall customize the dashboard provided to You to reflect Your branding as provided by You to the Company. Accordingly, You hereby provide a limited, royalty-free license to the Company to use your trademark, logo, and design to customize Your Account.

2) Subscription

If You wish to use the Products, You will be required to subscribe to the same upon payment of such Subscription Fee (“Subscription”). Based on the term during which the Products are required by You, you will be required to pay a fee notified to you during the time of Your registration (“Subscription Fee”).

Based on the category of Subscription and the term of the proposed subscription, You will be required to make online payments through Your credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in Your territory and as provided by the Company for availing the Products. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If You wish to avail the Products after the expiry of the initial term of Subscription, You shall, prior to the expiry of such term, recharge of Your account with the then prevailing subscription fees.

You must use the credit card and/or debit card and/or net banking account and/or cash card that You are authorized to use (“PaymentCard”). You confirm and acknowledge that You are aware of the fact that when making any online payment through Your Payment Card, You may be directed to the payment gateway page. The payment gateway may redirect You to another website(s) maintained or controlled by third parties, and the Company does not control such third party website(s) and hence is not responsible for any transactions on such website(s). The Company will not be liable for any fraud on or in relation to Your Payment Card, and the Company will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank who has issued such Payment Card. The Company shall not be responsible for any dispute or difference relating to the online payment made by You through your Payment Card or any other mode available. Further, the Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Payment Card or associated details.

Payments once made by Payment Card or via any other mode available shall not be refunded under any circumstances. You are hereby advised to keep details of Your Payment Card details confidential and do not share any such details with any other third party.

You are responsible for ensuring that the Payment Card associated with Your Subscription is up to date, that the information posted in connection with it is accurate. If the Company cannot charge Your Payment Card, we may cancel Your Subscription and You may lose access to the Product and any data associated with Your Subscription.

Prior to the subscription to the Product, You hereby represent that You have availed the Product for a trial period and You are aware of the functionalities of the Product. Subsequent to subscription, the Company shall not be liable for any claims with respect to Product not being in compliance with the specific requirement of the User.

Prices of current Services are subjected to change. But the changed pricing will not affect the pricing plan of existing users of our product.

If your bandwidth usage exceeds 500 MB/month or significantly exceeds the average bandwidth usage (as determined solely by onlineemenu) of other onlineemenu customers, we reserve the right to immediately hold your account or throttle your file hosting until you can reduce your bandwidth consumption.

Customer Data

Customer data will be provided only to onlineemenu direct customers.

Customer data will not be provided to the Resellers and their clients.

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