By downloading, browsing, accessing or using the EatMe Mobile application (“Mobile Application”), you agree to be bound by these Terms of Service. We reserve the right to amend, modify or change these Terms of Service at any time. If you disagree with any part of these Terms of Service or any changes made to them, you must immediately discontinue your access to the Mobile Application and your use of the Services offered on the Mobile Application. Your continued use of the Mobile Application shall constitute your acceptance of these Terms of Service, including any and all amendments or changes made in them.
In these Terms of Service, the capitalized terms below shall have the following meanings, except where the context requires otherwise:
"Account" means an account created by a User on/with the Mobile Application as part of Registration.
"Register" means to create an Account on/with the Mobile Application and "Registration" means the act of creating such an Account.
"Services" means all the services provided by EatMe via the Mobile Application to Users, and "Service" means any one of them.
"Users" means users of the Mobile Application, including you, and "User" means any one of them.
3.1 Applicability of Terms of Service: The use of the Services and any part thereof and/or the Mobile Application is subject to these Terms of Service.
3.2 Scope: The Mobile Application and the Services are for your non-commercial, personal use only and must not be used for any business purposes.
3.3 Restrictions on Use: We reserve the right to prevent you from using the Mobile Application and the Services or any part thereof at any time at our sole discretion.
3.4 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or hand-held device or other necessary equipment to access the Mobile Application or the Services. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when you use the Mobile Application. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of the connection while accessing the Mobile Application, or any such third party charges as may arise. You accept full responsibility for any such charges that may arise.
3.5 Permission to Use the Mobile Application and Services: If you are not the bill payer for the mobile phone or hand-held device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application and the Services.
3.6 License to Use Material: By submitting any text or images, including photographs, (“Material”) via the Mobile Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use such Material to promote any products or services.
You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from EatMe if you have turned on locational services on your mobile phone or the hand-held device you are using to access the Services.
5.1 Accurate Information: You warrant that all information provided by you on Registration and contained as part of your Account is true, complete and accurate, and that you shall promptly inform us of any changes to such information by updating the information in your Account.
5.2 Prohibitions in relation to Usage of the Mobile Application and Services: Without limitation, you undertake not to use or permit anyone else to use the Mobile Application or Services on your mobile phone/device:
5.3 Prohibitions in relation to Usage of the Mobile Application and Services: Without limitation, you further undertake not to or permit anyone else to:
6.1 We will make reasonable effort to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, errors, issues, omissions or interruptions, and we do not accept liability for any such faults, errors, issues, omissions or interruptions. In the event of any error, issue, fault, omission or interruption, you should report that to us.
6.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information or messages transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time without prior notice.
6.3 We do not give any warranty that the Services or the Mobile Application is free from viruses or anything else that may have a harmful effect on any technology or your mobile phone or device.
6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time at our own discretion. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will try to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time without prior notice.
6.5 We reserve the right to block access to and/or to edit or remove any material that in our opinion may give rise to a breach of these Terms of Service.
7.1 If you use the Mobile Application any/or the Services in contravention of these Terms of Service, we may, at our own discretion, suspend or permanently block your use of the Services and the Mobile Application.
7.2 If we suspend your use of the Services and the Mobile Application, we may refuse to restore the Services and the Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms of Service. However, we reserve the right to permit or not to permit you, at our sole discretion, to use the Mobile App and the Services again.
7.3 EatMe shall fully cooperate with any law enforcement authorities or any court order requesting or directing EatMe to disclose the identity or locate anyone in breach of these Terms of Service.
7.4 Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you if:
7.5 Our rights under this Clause 7 shall not affect or restrict any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.1 The Mobile Application, the Services, the information on the Mobile Application and all related facilities are provided on an "as is" basis without any warranties whether express or implied.
8.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties related to the Mobile Application, the Services and their contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or any other warranties.
8.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error-free or free from computer viruses or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
8.4 While we will make reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations about its accuracy, authenticity, veracity, timeliness or completeness.
8.5 We shall not be liable for any acts or omissions of any third parties howsoever caused and for any direct, indirect, incidental, special, consequential or punitive damages howsoever caused, resulting from or in connection with the Mobile Application and the Services offered in the Mobile Application, your access to, use of or inability to use the Mobile Application or the Services offered in the Mobile Application, reliance on or downloading from the Mobile Application and/or the Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
8.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms of Service. For the purposes of these Terms of Service, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
8.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
8.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application and Services, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arises out of (a) your use of the Mobile App and/or the Services, (b) any other party’s use of the Mobile App and/or the Services using your Account, verification PIN and/or any identifier number allocated by EatMe, and/or (c) your breach of any of these Terms of Service, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
10.1 All content, information, photographs, illustrations, artwork and other graphic materials as well as names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our affiliates, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcast or circulated in whole or in part, unless expressly permitted by us and/or our affiliates, as the case may be.
10.2 Nothing contained in the Mobile Application or the Services should be construed as granting by implication, or otherwise any license or right to use any trademark displayed on the Mobile Application, without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
10.3 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name(s) or symbols to preserve and protect our rights over them. All rights not expressly granted herein are reserved. Other product and company names mentioned in the Mobile Application or Services may also be the trademarks of their respective owners.
11.1 We may periodically make changes to the contents of the Mobile Application and the Services, including to the descriptions of goods and services advertised, at any time and without prior notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application or the Services.
11.2 We reserve the right to amend these Terms of Service from time to time without prior notice. The revised Terms of Service will be posted on the Mobile Application and shall take effect from the date and time of such posting. You are advised to check out our Terms of Service frequently as they are binding upon you.
11.3 It is your sole responsibility to update yourself on any and all changes to our Terms of Service by reviewing our updated Terms of Service on the Mobile Application frequently. We may revise, amend, or change any of our policies and game rules in our Terms of Service. If you do not agree to any changes and the new rules, you may choose to cease accessing the Mobile Application and using the Services. If you continue using the Mobile Application and/or the Services after any amendments or changes to our Terms of Service, your continued use of the Mobile Application and/or the Services shall constitute your agreement to our new Terms of Service, and it will be assumed that you have read our updated/modified Terms of Service and you have agreed to the changes made to the Terms of Service and you undertake to abide by the updated Terms of Service. We may also add to our Terms of Service supplementary terms of service for the use of our existing Services and/or any services that may be added to the Services. In such a case, your continued use of the Services shall constitute your agreement to the supplementary terms of service as well as the Terms of Service in their entirety, and your use of the Mobile Application and/or the Services shall be governed by the updated Terms of Service, including the supplementary terms of service.
12.1 The Mobile Application and the Services can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application and/or the Services both you and we agree that the laws of the Republic of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application and the Services.
12.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of India in respect of any dispute arising out of or in connection with these Terms of Service.
(a) Before or at the time of collecting personal information, we will specify the purposes for which information is being collected.
(b) We will collect and use personal information solely with the objective of fulfilling the purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
(c) We will only retain personal information as long as necessary for the fulfillment of those purposes.
(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
(f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of Users’ personal information is protected and maintained.