TERMS OF SERVICE

Last updated: 13th Oct 2019

 

Introduction

 

Welcome to Hopstick Technologies Private Limited (“Company”, “we”, “our”, “us”)!  These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.hopsticks.com and our mobile application Hopsticks and any related software applications, mobile applications or web applications ("Platform") whether existing now or in the future (together or individually referred to as “Service”) operated by Hopstick Technologies Private Limited and its subsidiaries. 

 

"User" (“you”, “your”, “users”) refers to you, as a user of the Services. A user is someone who accesses or uses the Services.

 

Your agreement with us includes these Terms (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them. These Terms are applicable to all existing, new and future users, including but not limited to users having access to business/restaurant pages to manage their business/restaurant listings. Use of the Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@hopsticks.com so we can try to find a solution. These Terms apply to all visitors, users, vendors, business, restaurants and others who wish to access or use the Service.

  

Communications

 

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, promotional messages, push notifications and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at privacy@hopsticks.com.

 

Use of services by you or user


You must create an account in order to use some of the features offered by the Services, including without limitation to ‘claim your restaurant’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.


You 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, Linkedin, Google). You confirm that you are the owner of any such social media accounts 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 Hopsticks or third parties to incur substantial reputation or financial 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 Hopsticks account for any purpose and that you will be liable for such unauthorized access.


By creating an account, you agree to receive certain communications in connection with Hopsticks Platform or Services. For example, you might receive comments, connection request, messages from other Users or other users may follow the activity you do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings or by contacting us.

 

Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, reviews, ratings, text, graphics, photos, images, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

 

Hopsticks License to Your or User Content


By submitting your Content you hereby irrevocably grant Hopsticks a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘event page or 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 the future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, 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 Hopsticks 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 the 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 Hopsticks.


Hopstick Technologies Private Limited has the right but not the obligation to monitor and edit all Content, Review and Ratings provided by users.


In addition, the Content found on or through this Service are the property of Hopstick Technologies Private Limited or used with permission. You may not distribute, modify, transmit, reuse, download, modify, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

Ownership of Hopsticks Content and Proprietary Rights

 

  1. 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 Hopsticks 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 Hopsticks and that you shall not disclose such information without Hopsticks prior written consent.

 

  1. You agree to protect Hopsticks 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 Hopsticks (or Hopsticks 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 Hopsticks and that you shall not disclose such information without Hopsticks prior written consent. Unless you have agreed otherwise in writing with Hopsticks, nothing in the Terms gives you a right to use any of Hopsticks trade names, trademarks, service marks, logos, creatives, domain names, and other distinctive brand features.

 

  1. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Hopsticks; 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 Hopsticks Content in whole or in part except as expressly authorized by Hopsticks.

 

  1. 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 the rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any such claims that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights.


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. Any review, which is derogatory, defamatory or hateful or in violation of the Guidelines and Policies and without any substantial evidence may be removed at our sole discretion.


User Reviews

User reviews or ratings of dishes, restaurants or businesses on the Service do not reflect the opinion of Hopsticks. Hopsticks receives several reviews and/or ratings by users, which reflect the opinions of the Users. Reviews and ratings posted on Hopsticks are personal opinions of the user. Hopsticks is a neutral platform, which solely provides a means of communication between users/reviewers including users or business owners/representatives with access to restaurant pages. The advertisements published on the Hopsticks Platform are independent of the reviews received by such advertisers. Hopsticks is a neutral platform and we don’t arbitrate disputes. If the representative believes that any particular user’s review violates any of the Hopsticks policies, the representative may write to us at reviews@hopsticks.com and bring such violation to our attention. Hopsticks 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.

 

 Prohibited Uses

 You may use the Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

(a)  In any way that violates any applicable national or international law or regulation.

(b)  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c)  To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d)  To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e)  In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f)    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to: 

(a)  Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through Service.

(b)  Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

(c)  Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d)  Use any device, software, or routine that interferes with the proper working of Service.

(e)  Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f)  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g)  Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h)  Take any action that may damage or falsify Company rating.

(i)    Otherwise attempt to interfere with the proper working of Service.


Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your banking information, credit card number, the expiration date of your credit card, your billing address, and your delivery information. 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

 

Subscriptions

Some parts of Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Hopstick Technologies Private Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Hopstick Technologies Private Limited customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Hopstick Technologies Private Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Hopstick Technologies Private Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Hopstick Technologies Private Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Fee Changes

Hopstick Technologies Private Limited, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Hopstick Technologies Private Limited will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

Except when required by law, paid Subscription fees are non-refundable.


Analytics 

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics 

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

 

Flurry Analytics 

Flurry Analytics service is provided by Yahoo! Inc.

You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry's Opt-out page:  https://dev.flurry.com/secure/optOut.do

For more information on the privacy practices and policies of Yahoo!, please visit their Privacy Policy page:  https://policies.yahoo.com/us/en/yahoo/privacy/policy/index.htm


No Use By Minors 

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.


Accounts 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

Intellectual Property 

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hopstick Technologies Private Limited and its licensors. Service is protected by patents, copyright, trademark, and other laws of the India and foreign countries. Our trademarks, patents and trade dress may not be used in connection with any product or service without the prior written consent of Hopstick Technologies Private Limited.

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@hopsticks.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

 

DMCA Notice and Procedure for Copyright Infringement Claims 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:

(a)  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b)  a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c)  identification of the URL or other specific location on Service where the material that you claim is infringing is located;

(d)  your address, telephone number, and email address;

(e)  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f)    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


You can contact our Copyright Agent via email at dmca@hopsticks.com

 

Error Reporting and Feedback 

You may provide us either directly at support@hopsticks.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.


The third party sites and tools mentioned above include the following: 

Firebase Crashlytics

Firebase Crashlytics is bug reporting service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

Links To Other Websites 

Our Service may contain links to third party web sites or services that are not owned or controlled by Hopstick Technologies Private Limited.

Hopstick Technologies Private Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

YOU ACKNOWLEDGE AND AGREE THAT Hopstick Technologies Private Limited SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

Disclaimer Of Warranty

 

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

 

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation Of Liability

 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. 

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Hopsticks, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Hopsticks reserves 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 such matter without the prior written consent of Hopsticks. Hopsticks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  

Termination 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Governing Law 

These Terms shall be governed and construed in accordance with the laws of Union Territory of Pondicherry without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.


Changes To Service 

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 

Amendments To Terms 

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.


Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

Waiver And Severability 

No waiver by Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Carrier Rates may Apply: 

By accessing the Services through a mobile or other device, User may be subject to charges by User’s Internet or mobile service provider, so check with them first if User is not sure, as User will be solely responsible for any such costs incurred.

 

Disclaimers:


1) PHOTOS OF DISHES SHOWN IN THE APP ARE STRICTLY ONLY FOR ILLUSTRATION PURPOSES AND DOES NOT PORTRAY THE ACTUAL DISH IMAGES OF THE DISH OR ITS PRESENTATION IN A RESTAURANT. HOPSTICK TECHNOLOGIES OR ITS PARTNER RESTAURANTS OR RESTAURANTS LISTED ON THE SERVICE/PLATFORM CANNOT BE HELD LIABLE IF THE DISH DOES NOT LOOK OR IS PRESENTED LIKE HOW IT IS PORTRAYED IN THE WEBSITE OR APP

2) SOME FEATURES SHOWN IN THE SERVICE / APP ARE ONLY AVAILABLE IN HOPSTICKS ENABLED RESTAURANTS THAT HAVE OUR TECHNOLOGY IMPLEMENTED AND SUBSCRIBED TO


Acknowledgement

 

BY USING OUR SERVICE, PLATFORM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

 

Please send your feedback, comments, requests for technical support:

By email: support@hopsticks.com