This 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.
One9 World Enterprises. ("we," "us," or "our") promote, recommend & deliver regional dishes on our Web Platform www.tastes-of-states.com to cater to User's cravings for regional food specialties. We provide access to our Services subject to the following Terms of Use, which may be updated by us from time to time without notice to you. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by our this Terms and conditions of Use, Shipping & Delivery Policy, Cancellation & Refund Policy, our Privacy Policy. If you do not agree to any of these terms, then please do not use the Website or the Platform. You should print a copy of these terms and conditions for future reference.
www.tastes-of-states.com is an Online Discovery, Recommendation & Delivery Platform to promote tastes of regional dishes. We bring together Food Providers /Taste Makers (Restaurants, Catering Houses, Home Cooks, Chefs & other food providers), designing combos of food delicacies, distributing/catering, take online orders, collect online payments and deliver the food at the doorstep of the User. We do not own, sell, on our own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, and delivery capacity and delivery location serviceability.
Terms Of Use
I. These terms of use (the "Terms of Use") govern your use of our website www.tastes-of-states.com (the "Website") and our proposed application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App if applicable. By installing, downloading or even merely using the Platform, you shall be contracting with One9 World Enterprises and you signify your acceptance to the Terms of Use and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy , Disclaimer and Shipping & Delivery Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
II. The Platform is operated and owned by One9 World Enterprises and having its registered office at A Wing, 1st Floor, Nav Santosh, Naupada, Thane %u2013 400602 . For the purpose of these Terms of Use, wherever the context so requires, "you" shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms "we", "us" or "our" shall mean One9 World Enterprises.. The term "TOS" shall mean our Web Platform www.tastes-of-states.com
III. www.tastes-of-states.com is an Online Discovery, Recommendation & Delivery Platform to promote tastes of regional dishes. We bring together Food Providers /Taste Makers (Restaurants, Catering Houses, Home Cooks, Chefs & other food providers) to provide these regional specialties as per their expertise in prepared food, ready to eat foods, food ingredients and beverages . Additionally we design combos of food delicacies, distributing/catering, take online orders, collect online payments and deliver the food at the doorstep of the User. The Users ("Buyer/s") can choose and place orders ("Orders") from variety of regional specialty products offered for sale by various Food Providers including but not limited to the restaurants and eateries, on the Platform and TOS promotes, recommends & enables delivery of such orders at select localities of serviceable cities across India.
IV. We do not own, sell, and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, and delivery capacity and delivery location serviceability.
V. Our Site is only intended for use by people residing in India (Serviced Countries). We do not accept orders from individuals outside the Serviced Countries.
VI. The membership of this website is free of cost and this includes the browsing of the site. However, charges shall be applicable on the services rendered by us through our site, including without limitation the food items being made available through the Site.
VII. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
VIII. We process information provided by you to us in accordance with our Privacy Policy.
IX. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TOS Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
X. You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and our policies to the attention of all such persons accessing the Platform on your computer or mobile device.
XI. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
XII. By placing an order through our site you warrant that you are legally capable of entering into binding contracts and are a resident of the serviced country. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XIII. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
XIV. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
XV. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Food Product. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
XVI. In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using the authorized payment methods. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
XVII. You understand that our liability ends once your order has been delivered to you.
XVIII. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
XIX. We appreciate your feedback as will monitor Food Providers & Taste Makers closely, using Customer feedback provided in any form to us and will remove and block them in case of negative feedback.
XX. AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other related policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other policies. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and policies (including but not limited to Cancellation & Refund Policy, Privacy Policy, Shipping & Delivery Policy and Disclaimer) as may be posted on the Platform from time to time.
XXI. SHIPPING & DELIVERY Policy as separately listed on this Website.
XXII CANCELLATIONS AND REFUNDS Policy as separately listed on this website.
XXIII COMMUNICATIONS
You are required to provide Us with your e-mail, login/ password while placing your order through this Website. By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from Us at any time with the use of the telephone that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.
In case you wish to stop contact from Us for the same, you may send us a mail to the effect at opt-out@tastes-of-states.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the services.
XXIV. USER OBLIGATIONS
You are a restricted user of this website.
1) You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
2 ) You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically banned.
3) You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such allegedly offensive content.
4) In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us , or otherwise engage in any conduct or action that might tarnish our image or reputation, or Merchant on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us.
c) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
d) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
e) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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 including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
f) Post any file that infringes the copyright, patent or trademark of other legal entities.
g) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website.
i)You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source; or exploit the Website or Service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
j) You will not access or use the Website or the Platform to collect any market research for a competing business;
k) You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
l) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
m) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
n) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Violate any applicable laws or regulations for the time being in force within or outside India;
q) Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
r) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
s)You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to,products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent.
t) We can and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
u) We have no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
v) Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
XXV THIRD PARTY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,logos, sounds, music and artwork (collectively, "Content"), apart from the ones owned by Us, is a third party user generated content and We have no control over such third party user generated content.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
The content that you post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.
XXVI. DATA PROVIDED BY US
1) From time to time, Our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
2) We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other Users may be false. We are not responsible for any such data.
3) We are not in any way liable to You, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
4) From time to time, our Website with have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own discretion in the navigation and use of external sites.
XXVII) ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Website/App is inaccurate at any time without prior notice (including after You have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Website/App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website/App, should be taken to indicate that all information in the Service or on any related Website/App has been modified or updated.
XXVIII) PROPRIETARY RIGHTS
All materials on the Website/App, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Us. You acknowledge and agree that all Material on the Website/App is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Website/App, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the App or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
XXIX) DISCLAIMER Policy as listed on this website.
XXX) DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be to your satisfaction, accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to You. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
XXXI) INDEMNIFICATION
You agree to indemnify, defend and hold harmless Us and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
XXXII) SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
XXXIII) IP Notice and Take Down Policy
1. We have put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
2. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
(Note: We do not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, We are committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Us.)
Please email us your concerns to copyright@tastes-of-states.com .
XXXIV) COMPLIANCE WITH LAWS:
Your use of the Website shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
XXXV) DISPUTE RESOLUTION :
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, and You hereby submit to the personal jurisdiction of such courts.
CONTACT US :
If You have any questions regarding the Agreement, Our practices or any complaints with the service, you can e-mail us at care@tastes-of-states.com