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These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

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ACCESS TO THE WEBSITE

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The App is owned by Aruna Hotels Limited [AHL] having registered office at 144-145, Sterling Road, Chennai- 600034.  The Application and facilitates the users to register in the Application for availing meal delivery services. AHL is the owner of the website, and facilitates the preparation and delivery of food from its various food outlets within the hotel.

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 Accessing, browsing or otherwise using the website will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under Terms of Use and binding policies including Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on this App, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.. By using the App, You declare to have carefully read, understood and agree to be bound by these Terms of Use. AHL may at its sole discretion allow or disallow access to the website and reserves the right to change any of the terms and conditions contained herein at any point in time. It is Your responsibility to periodically review these Terms of Use any update and changes and Your continued use of the App will be considered as Your acceptance to such updates and changes.

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 ELIGIBILITY

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You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age who is intending to avail the services of the website should do so through Your legal guardian in accordance with applicable law. 

AHL reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

Please note that some of the food products may be suitable for certain ages is only. You should check the dish you are ordering and read its description, if provided prior to placing your order AHL shall not be liable in the event the food or the product ordered by you does not meet your dietary or any other requirements and all restrictions.

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COMPLIANCE REQUIREMENTS

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Every User of the Website shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any food/productor service through the Website.

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 USER ACCOUNT

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You may be required to register and set up an account (“Account”) for using the App by entering an email address and password or by using any permitted social media the App account to sign in ("Account Information"). AHL as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The Website will set-up an account and email the details of the Account at the email address provided. You can also create and update an Account through Customer Support. 

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You can create one Account only and it is not permitted to transfer or interchange such Account to any other person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account information are more specifically dealt under the Website’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.

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PAYMENT POLICY

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Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options.

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We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking, Wallets, etc. as provided by the payment gateway partner.

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 All payments for purchases made by You on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by AHL, You will be sent a notification by email or SMS by the payment gateway partner at the email address or mobile number provided to AHL confirming receipt of payment.

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Discounts part of Bank Offers are applied (if selected) on the payment page. In the event of a discount being applied, a new invoice will be generated and sent. This may take up to 2 to 3 days to be sent due to reconciliation requirements.

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 Credit ,Debit Card & UPI

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AHL accepts all Visa, Master Cards and UPI payments. You will be redirected to Your issuing bank's site, where You will have to follow the instruction to complete the payment.

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AHL expressly disclaims all liabilities that may arise as a consequence of any unauthorised use of credit or debit cards.

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Net Banking

 

You can make payment for an order by using Your Net Banking account. The Website accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank's site where You will be able to make payment after entering in Your login id and password that is known only to You.

Issues with Payments - Pending Payments:

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Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

• Incorrect debit or credit card details are entered.

• Card may be blocked, or card details are no longer valid or need to be updated.

• The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.

• The connection between AHL and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.

• Card or bank or issuer is not recognised by AHL.

• Incorrect login or password details are entered.

 

Payment amount exceeds the limit mutually agreed to between You and Your bank or issuer.

If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. AHL is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.

Issuing Bank Terms and Conditions

Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company. This is to clarify that AHL shall not collect or store any financial information through this Website. 

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DELIVERY POLICY

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Before You proceed to pay for Your purchase. In the event Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate delivery address. You can place orders on the Website but the payment address must be in India and delivery address must be in a serviceable location You can make purchases on the App from anywhere in the world but at the same time You must ensure the payment and delivery address is within India.

 When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative delivery address is deemed as acceptance of delivery by You and AHL will have no liability in this regard.

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 Delivery by AHL’s Logistic Service Provider

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The delivery of the ordered food/products to You will be made by the logistics service providers assigned by AHL. Deliveries cannot be rescheduled after the order has been placed.

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 The logistics service provider assigned by AHL will make a maximum of one [1] attempts to deliver Your order. In case You are not reachable, available or do not accept delivery of food/products in this attempt AHL reserves the right to cancel the order at its discretion. You may be informed of such cancellation by mobile number provided to AHL. The cancelled order shall be returned to AHL. You agree not to hold AHL liable for any cancellation.

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In case there is any dispute regarding the delivery of the food/products or serviceability for the area not covered by the logistics service providers, AHL will not be responsible for the non-delivery of the product.

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 Title and risk of loss for all food/products ordered by You shall pass on to You upon delivery of the food/products at the delivery address provided by You.

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Multiple Food/products Orders

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In case You order multiple food items in one transaction, AHL would endeavour to deliver all food items/products together. However, this may not always be possible due to some food/products characteristics or logistics issues or the location and You may receive the food/products separately and at different times. If You purchase multiple food /products in a single transaction, then all the food/products would be dispatched to a single delivery address given by You. If You wish to have delivery to different addresses, then You should book the orders separately based on the delivery addresses.

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 Missing Items

 In the event, the food/products package received by You is missing one or more food items/products or the order is partly delivered, You should inform AHL through the Customer Care Team immediately on delivery of the package. Missing products claims will not be accepted after 1 hour from delivery.

 In the event of dispute, AHL will coordinate with You and to reach an amicable solution.

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Refusal of Delivery

Before accepting delivery of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, You are requested to inform us immediately.

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In the event of dispute, AHL will coordinate with You and the logistics partner to reach an amicable solution.

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Delivery Time

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We aim to deliver your food within an hour, However  Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.

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 About Delayed Delivery

Sometimes, delivery may take longer due to:

1.  Bad weather or monsoons.

2. Transportation delays.

3. Natural calamities, including pandemics and containment zones.

4. Political disruptions.

5. Logistics service provider related challenges.

6. Food/products lost in transit.

7. Regional or national holidays which are considered as delivery holidays.

8. Other unforeseen circumstances or events beyond the control of AHL or the logistics service provider.

If the estimated delivery time has passed and You still have not received Your order, please contact AHL and we will take steps to track Your order/package. In such cases, we may also try to proactively contact You.

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AHL will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by an app notification if any of the food/products in the order is unavailable or is delayed or lost in transit.

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Frivolous Complaints

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In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, AHL reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by AHL in this regard.

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ORDER CANCELLATION POLICY

 

Cancellation of an order can be done either by AHL or by You as under:

 

Cancellation by AHL

AHL has the discretion to cancel an order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):

Your failure to comply with any of these terms.

• Food/product is unavailable.

• Technical errors or issues.

• Any reason identified by AHL's credit and fraud avoidance team.

• Invalid address or wrong address is given in order details.

• Malpractices used to place the order.

• Bulk order is placed for the likely commercial resale.

• Multiple orders are placed for same food/product at the same address.

• Pricing or specifications on any food/product as is shown on the App due to typographical error or incorrect information inadvertently provided by the hotel or some technical glitch, resulting into incorrect pricing or specifications

 

Notwithstanding anything contained hereunder, AHL reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, You will be sent a notification email or SMS at the email address or mobile number provided to AHL.

 You agree to release and indemnify AHL, its officers and representatives from any cost, damage, liability or any of the actions in case of cancellation of Your Order by AHL.

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 Cancellation by You

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An order once placed cannot be modified or cancelled.

A prescheduled order may be cancelled up to 2 hours before the scheduled delivery time by requesting a call back for such cancellations. No cancellation is permitted subsequently.

 If an order has been successfully cancelled, You will be sent a notification for the same.

AHL reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold AHL liable for any rejection of order cancellations.

You will receive a refund for Your cancelled orders that have been accepted in accordance with the

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REFUND POLICY

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Refunds are provided for cancellation / return of food items /products, subject to the eligible cancellation/ or these terms and conditions, initiated in accordance with the Cancellation Policy.

Refund is made for the full amount of the order or part order successfully cancelled that was paid by You for the delivery of the order.

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Time Period for Refunds

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Refunds are normally processed within 7 working days after the completion of quality checks of food/products returned and further depends on various banking and payment channels.

AHL is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.

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Mode of Refund

The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of payment within 7 working days.

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Consent for Communications

 You explicitly give Your consent to receiving communications (by SMS, email or other mode of communication) sent to You by AHL, however, You may withdraw Your consent any time at Your sole discretion.

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Communications

You will be required to provide a valid email address and phone number in order to avail the services provided by the web, including and not limited to placing orders for buying the food/products. By registering Your email address and phone number with the website, You consent to be contacted by the App via email, phone calls or SMS notifications for any order, delivery, payment or offer related updates or otherwise. The App may notify or communicate with You by e-mail, SMS, phone or by posting notices on the App or by any other mode of communication.

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Indemnification

The buyer acknowledges and understands that the buyer cannot claim any compensation from AHL, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final food/product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage; (iii) opportunities missed by buyer for availing any offers or discounts on the App for any reason whatsoever; (iv) delivery delays due to any unforeseen circumstances by AHL or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by AHL; (vi) buyer faces any issues with logistics service provider’s personnel.

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 Severability

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

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Captions

The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

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Partial Invalidity

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

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Force majeure

Notwithstanding anything contained in these Terms or elsewhere, AHL shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond AHL’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, or state of affairs in any way related to economic or financial market, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, epidemics, pandemics leading to containment areas for delivery, power failure, sabotage, vandalism, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

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Disputes

All complaints relating to the products purchased from the App are routed through the Customer Care Team of the website. The seller is responsible to resolve any complaints regarding the food/product that may be raised by the buyer and other complaints to the satisfaction of the buyer.

You agree to use the Website and the materials provided on the website only for purposes that are permitted by these Terms and any applicable law. You shall not use or access the website in a manner that prejudicially affects the interests and goodwill of the App, AHL or its affiliates or associates.

You agree and undertakes that the reviews, comments and other information provided or posted or uploaded on the App are not false, incomplete, distorted, manipulated, fraudulent or misleading.  By way of example, and not as a limitation, You agree and undertake that while using or accessing the website,

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AHL disclaims all liabilities arising in relation to such Objectionable Content on the App. Any User if exposed to such Objectionable Content as aforesaid is requested to immediately report the same to the Grievance Officer in the manner provided under these Terms of Use and the App will endeavour to remove such content as soon as possible after investigation.

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You shall not use any 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 App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

Sometimes You may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the App, unless User have been specifically allowed to do so in a separate agreement with AHL. You should not do anything that disables, overburdens, or impair the proper functioning of the App. Users should specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Website.

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You undertake not to attempt to circumvent or modify any security technology or software that is part of the App and agree not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the App or try not obscure or obstruct any features of the App. You undertake not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof without a specific written permission from AHL to do so.

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The App lists multiple products for sale offered by sellers and hosts comments of numerous users and it is not possible for AHL to be aware of the contents of each food/product listed for sale, or each comment or review that is displayed. You acknowledge and agree that by accessing or using the App or availing the services, User may be exposed to content that the User may consider offensive, indecent or otherwise objectionable.

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AHL is not the seller of all the products and AHL shall in no manner be deemed to be the seller of the branded food products on the App. AHL is only facilitating purchase of the branded food products by the User from the vendors by providing use and access to the Website.

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You explicitly and expressly consent to receive communications from AHL in relation to Your use and access of the App and its services and agree that such communications shall not be treated as an unsolicited communication.

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If website is used by You from outside India, it is entirely at Your risk. AHL makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, You shall ensure that the usage of the Website is legal and valid under applicable law of the User’s location. You agree to undertake all liabilities, responsibilities and consequences under applicable law in connection with the use of the App from or in any location outside India. You acknowledge that for accessing the App from any location outside India, AHL may ask You to enter into separate terms as may be required from time to time.

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INFRASTRUCTURE

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To use the App, You require Internet connectivity or appropriate telecommunication links and the App’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. AHL shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for User to use and access the App nor shall be liable for any costs incurred on account of Your usage of Internet or appropriate telecommunication links usage. AHL would not be liable for damages, viruses or other code that may affect the Your computer system, resource, terminal, server, equipment, mobile or any other devices while using the App and AHL does not warrant that the App will be compatible with all hardware and software used by the User. You must comply with applicable third-party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the App. 

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USE OF CONTENT

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You grant AHL and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use Your name in connection with such content.

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You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to AHL.

The User represents and warrants that the User owns or otherwise controls all of the rights to the content and material that the User posts or that the User otherwise provides on or through the App; that, as at the date that the content or material is submitted to the App: (i) the content and material is accurate; (ii) use of the content and material does not breach any applicable Indian law or the App’s policies or guidelines (iii) the content and material do not breach these Terms and Privacy Policy.

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THIRD PARTY WEBSITES

The App may contain links to other websites and the App are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of AHL and You are encouraged to read the terms of use and privacy policy of each and every linked website before accessing any of the third-party websites linked to the App and You acknowledge that any risk associated thereof while accessing and using such linked third-party websites solely lies with You and AHL shall not be responsible in any manner whatsoever. 

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 INTELLECTUAL PROPERTY RIGHTS

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All content included on the App, such as text, graphics, pictures, photographs, logos, trademarks, copyrights, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AHL, its affiliates, associates or its content suppliers and is protected by Indian/ International copyright, authors' rights and database right laws. The compilation of all content on the App is the exclusive property of AHL, its affiliates, associates or its content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this App is the property of TDL,

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AHL grants You a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any resale or commercial use of the contents of the Website; any collection and use of any food/product listings, photographs, pictures, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another seller.

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The trademarks, logos and service marks displayed on the Website are the properties of AHL or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of AHL, its affiliates, associates or its content suppliers or users or the third party that may own the Marks. 

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AHL owns all intellectual property rights to and into the trademark "AHL,”, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, text, content, graphics, icons, and hyperlinks.

You agree not to use or apply for registration of any marks, or domain names which are similar to the Marks or domain names used in connection with the App or owned by AHL.

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 You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with  content or the intellectual property rights of the App or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from AHL and on happening of any such event AHL reserves the right to immediately discontinue the App services to such User without prejudice AHL’s right to initiate legal action in this regard. You are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the App to illegally and unlawfully exploit the content or intellectual property rights owned by AHL.

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NOTICE PROCEDURE

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If You believe that any Objectionable Content is hosted on the Website or Your rights are being infringed, users shall immediately inform to gm@pharoshotels.in

 

DISCLAIMER

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You, being User of the App expressly agree that the use of the App is at Your sole risk. The App and the contents uploaded or provide or shared by other users are made available to the User through the Website on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and AHL does not accept any liability for any errors or omissions.

AHL shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and expressly disclaims any and all responsibility and liability in that regard. AHL shall not mediate or resolve any dispute or disagreement between the User and the sellers or manufacturers of the food/products.

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AHL through the Website only provides a platform that users utilize to communicate and transact with one another and AHL does not endorse any products displayed on the Website or views expressed or information uploaded by any User. In no event AHL shall be liable for any information, content, materials, products or services available through the website.

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The platform may be under constant upgrades and some functions and features may not be fully operational due to the vagaries that can occur in electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources there may be delays omissions or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, AHL does not represent that the information posted is correct in every case.

The right, title, interest and ownership in the products that are transacted by the users through the App does not vest with AHL and AHL holds no right, title or ownership over such products. The offer and acceptance of products through the App is at the User’s sole risk and AHL accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the website.

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AHL hereby disclaims any guarantees of exactness as to the finish and appearance of the food/product as ordered by and delivered to the User. The quality or quantity of any products, information or other material purchased or obtained by You through the App that may not meet Your expectations.

AHL makes no assurances that the Website is bug free and User friendly or the safety of the use of the App. AHL including affiliates, associates and their respective owners, directors, officers, agents,

shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the website.  

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AHL does not guarantee that the services provided through the App will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons, containment zones or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. AHL also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.

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To the maximum extent permitted by applicable law, AHL will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. AHL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.

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AHL will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge.  AHL shall not be liable for any third-party product, the advertisement available on e-mail or App with respect to the third-party website or the products and services are for information purpose only.

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LIMITATION OF LIABILITY

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In no event AHL including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the App whether based on warranty, contract, tort (including negligence) or in any other means or action.

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INDEMNITY

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You  agree to indemnify and hold harmless AHL including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of AHL/TDL’s service or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.

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 TERMINATION

 AHL reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of AHL’s service or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions).  On such termination, the User’s information and other details shall be blacklisted by the App and shall be taken into consideration whenever necessary.

AHL will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, AHL reserves its right to terminate the services if such provision of services to the users is not economically viable for AHL. Users may choose to discontinue availing services and facilities provided through the App by closing the User account with the website.

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On termination of the User account, the User is not eligible to purchase or sell products through the App. Once the User’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the App by the User shall be removed by AHL. 

 Post termination of the services provided to the User through the App, the User’s personal information would reside in the App’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of AHL’s service or these Terms and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the App post termination of the service provided through the App, the User shall be prosecuted by AHL. The User shall be also liable to compensate AHL for any unauthorized use of the website.

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MISCELLANEOUS

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 Location Based Services : With your location permission, our App/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location to provide you location based Services. We won't follow you all the time, but can help you find the nearest AHL partner/Brand  store with Brand News, offers and/or other information based on your profile/liking when you need one.

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Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

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Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

 Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by AHL a legal, valid, and enforceable provision to the extent possible.

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 Notices: For purposes of service messages and notices about the services to User, the App may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the App to the User. The User agrees that the App may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the App’s service messages and notices are received by the users timely and accurately.

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Assignment: The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

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 AHL including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the App’s service messages and notices.

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GOVERNING LAW AND JURISDICTION

The terms and conditions of this agreement shall be governed by Indian law and the courts in Chennai shall have jurisdiction only.