T&C

This privacy policy applies to Food Talk, and its subsidiaries.

INTRODUCTION

Food Talk and its affiliates are committed to respect and protect your privacy. We want to let you know how much you mean to us and want you to understand how we protect, collect, use and disclose information about you. We urge you to read the following document carefully to fully understand what we do.

Every financial institution needs to share consumers’ personal information to run their everyday business. The reasons Food Talk chooses to share; and whether you can limit this sharing, this privacy statement applies to information about you that we obtain anytime during your interaction with Food Talk, for instance when you visit any of our websites or complete transaction forms at agent locations, online/offline or contact any of our customer relations centers. The objective of this document is to ensure you are aware about the practices for collecting, using, disclosing and processing personal information, which is information about a person that can be used to identify a particular person.

If you do not agree with our privacy policy and terms of service, you have a choice not to use our service.

The terms we, us, our, and FT refer to incorporated in India. When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

The Service may provide links to third party websites/applications. This Privacy Policy does not apply to any information you may provide while on such third party websites/applications. We encourage you to carefully read the privacy policies on those third party websites before providing any of your information on such sites.

Food Talk Events and Experiences

  1. Food Talk holds the right to use any photography or videography of any Food Talk event attendee (invited or hosted) for promotional purposes by FoodTalk or any of its clients
  2. Loss of Damage: An attendee of a Food Talk event indemnifies Food Talk from loss of property, injury and theft at the venue of the event.
  3. Responsibility: We consider anyone who attends or buys a ticket to our events over the legal drinking age.
  4. Food Talk does not endorse irresponsible drinking. Any person found indulging in drugs or intoxicated at any event can be asked to leave the premises or be handed over to the authorities.
  5. Food Talk reserves the Rights of admission
  6. Food Talk upholds a Zero tolerance policy to inappropriate behaviour
  7. Food Talk is not responsible in the event of an allergic reaction to food/sickness at any event/restaurant. We strongly recommend you confirm with the restaurant management about the ingredients of items, the conditions in which it is obtained, prepared and stored. In the event of there being any errors while accessing the payment gateway, leading to an unwarranted transaction, you are advised to contact your respective bank and Food Talk as well to resolve the issue.
  8. Ticket to all Food Talk Events and Experiences are non-transferable.
  9. Cancellation and/or refund will be processed only upto 24 hours prior to the event

COUPONS/MEMBERSHIP PLANS

Coupon means an instrument which entitles the holder to receive deals/offerings from the merchants/vendors of Food Talk. The vouchers can be in physical form or an electronic format and can be shown on a mobile device. The validity of the coupons is as per the specified membership plan the customer has signed up for. All coupons expire upon the expiry of the membership period. Once a coupon is used, it cannot be used again, unless until purchased again as part of new membership plan.

  • Purchase of the membership plans :
    1. The customer selects and purchases a membership plan via Food Talk website or mobile app
    2. The membership plans may or may not be city specific
    3. The customer can use a verified and secured payment gateway to purchase a membership plan via Food Talk website or app
    4. After a successful purchase, all coupons related to that membership plan will be activated and unlocked for use.
    5. The customer can use active/unlocked coupons during the active membership period.
    6. All coupons expire upon the expiry of the membership plan
    7. The duration and expiry date of the active membership plan can be seen in the account section on the mobile app.
    8. The membership plan is annual.
    9. The expiry of the membership plan will be one year from the date of purchase or when all coupons have been exhausted by the user.
  • REFUND/ RETURN/CANCELLATION POLICY

    A membership plan once purchased is non-refundable. The sale of membership plans is final and binding in all cases. We do not have any refund policy in case of membership plans purchased on our website/app. All unused coupons expire at the end of the membership period. In case of any issues, advice and feedback for us, we would be happy to hear from you. Please email us at contact@foodtalkindia.com

    We follow a membership model and hence do not allow any refund, return or cancellation of membership plans purchased by the customer.

    In case of any unforeseen technical errors/bugs at our end which lead to issues with regard to the purchase of membership plans, inability to use Food Talk app/website to buy membership plans, or any issues related to coupon usage and redemption, we will look into case by case issues and will be happy to address them.

  • ISSUES/CONCERNS/FEEDBACK

    In case of any genuine issues related to usage and redemption of the coupons at any of our merchant outlets, please feel free to let us know and we will make sure we look into this issue and address it in the most suitable manner. In case of any technical issues faced with the mobile application during the usage, please let us know at the earliest, and our team will try to fix it as early as possible. We always look forward to feedback that helps us to improve our service offering to our customers.

What we collect

  1. Your computer/Mobile phones IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
  2. Your mobile device’s unique ID number (when available); your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
  3. Your account information: If you provide us with this information through third party sign-in services such as Facebook Connect. Your full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. Your profile picture that will be publicly displayed as part of your account profile.
  4. Your preferences and settings (time zone, language, etc.), on our servers and locally on your device (mobile/computer) to provide you a consistent experience over repeat visits to the Service.
  5. Your content: The information that you post to the Service, including your reviews, photos, comments, likes, lists, followers, the users you follow, and your account profile.
  6. The URL of the last web page you visited before visiting our Service
  7. The search terms you have looked up and results you selected; how long you visited our Service and which features you used
  8. Communications between you and other users or merchants through our Service; the ads you clicked on.

We use the information to improve the Service's functionality, quality and to personalize your experience. We also use this information to display relevant advertising, provide support, reach you, and comply with legal obligations.

Please note that some of this information is automatically collected without you voluntarily choosing to provide this information to us.

Cookies & Mobile Device IDs

Cookies: When you visit our Service, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted ads.

How we use your personal information

We use your personal information in a number of ways including

  1. Advertisers: We may allow third parties to use Cookies on the Site to collect the same type of information for the same purposes as Food Talk does for itself. They may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, Aperture, Digital Advertising Alliance and Privacy Choice. Please note that opting out does not prevent the display of advertisements to you.
  2. Service Providers: We also outsource some of Food Talk functions to third-party providers, such as technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.
  3. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
  4. Aggregate Information: We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Digital Food Talk Pvt Ltd/ Food Talk or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.
  5. Food Talk For Businesses: We may share information from or about you (such as your age and gender) and your use of the Site (such as which businesses you pin or call) with businesses on Food Talk.
  6. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
  7. Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
  8. Facebook: If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create a Food Talk account. You can also connect your Food Talk account to your accounts on third party services like Facebook, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers. You can manage these settings here.
  9. Age Restrictions : We do not intent to target our Services to children under the age of thirteen (13) years as the child privacy laws prohibits collection of personal information of children who are under the age of 13. If the User provides us with personal information, the User represents that he / she is at least 13 years old. Food Talk does not knowingly request, solicit or collect personal information from any person known to be under the age of 13.

Security & Indemnification

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security, therefore you agree to indemnify and defend holding us and our affiliates, employees, agents etc. harmless in such a situation, if so arises.

Data Retention and Account Termination

You can close your account by visiting your Settings page on Food Talk. We will remove your public posts and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrong doing in connection with the Service or to comply with legal obligations.

Dispute Resolution

If you believe that Food Talk has not adhered to this Privacy Policy you may contact us online by emailing Privacy@foodtalkindia.com or write to us at the following address:

Digital Food Talk Pvt Ltd
K-3/23, Dlf Phase 2,
Gurgaon, Haryana, 122002

Jurisdiction

The information we obtain from or about you may be processed and stored in India and our other various servers located across the globe. Each location may provide for different data protection rules than the country in which you reside. If you have any questions relating to your personal data, please write to us on contact@foodtalkindia.com.

Jurisdiction with regards to any dispute arising out from the use of our website or any other act shall exclusively be vested in the Courts of Delhi.

Terms and Conditions for Users using Food Talk

The following statement discloses the privacy practices of Digital Food Talk Pvt. Ltd., (hereinafter referred to as “Food Talk”), effective from [01/05/2015]. By using, browsing, accessing, viewing, transmitting, caching or storing this site / app (hereinafter referred to as “Site” / “App”), you (hereinafter referred to as the “User”), unconditionally agree to the legal statement (herein after “Terms of Use”), Privacy Policy, and all applicable laws governing its use (herein after “Agreement”). The User is advised to check this page periodically for updates, as the User’s continued use of the Site /App signifies his / her acceptance of any changed terms. Food Talk reserves the right to revise this Agreement at any time and without notice. Any such revision will be effective immediately upon its posting on the Site / App. If you do not agree to the terms and conditions of the Agreement specified herein please refrain from using this Site / App. This Agreement is made between Food Talk and User.

This Site / App is a platform which provides its User’s with information about food and beverage outlets (hereinafter “Restaurant”) including but not limited to outlet’s address & contact details, crowd sourced reviews, menus, pictures. Food Talk also acts as a platform where users can share their experiences at Restaurants via text and pictures.

General

  1. The User hereby, acknowledges and agrees that the use of this Site / App and use of any Service through this Site / App are each subject to the terms set out in this Agreement.
  2. The User agrees that he/ she is 18 years of above and resides in Republic of India, thereby qualified to use and avail the Services provided through this Site / App. Food Talk makes no representation that the Service is available or otherwise suitable for use outside the Republic of India. If the User chooses to access the Site (or use the Service) from locations outside the Republic of India, the same is done by the User at its own risk.
  3. Food Talk reserves the right, in its sole discretion to prevent the User from using / accessing / browsing the entire or restrict certain areas of this Site / App and the Service (or any part of them), without being liable to assign any reasons for the same. Food Talk Can also delete any content of the user on its discretion. Food Talk Can also delete any content of the user if it does not fit into our community standards. Food Talk Can also delete any content of the user if it is reported by another user. All the above points can be implemented without notice.
  4. Food Talk may require the User to maintain a user ID and password to enable the User to access restricted areas of the Site / App or other content(s) or Services. It shall be the duty of the User to maintain the confidentiality of its User ID and passwords, login and account information and Food Talk shall in no event be liable for any loss caused due to misuse of such user ID and password and / or account. The User agrees to indemnify Food Talk against any financial liability or otherwise arising due use of Site / App by the User or anyone using the User’s Id and password. Food Talk reserves the right to disable the User’s user ID and password at its sole discretion without being liable to give any notice or explanation to the User for the same.
  5. The User understands and acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Food Talk, and Food Talk shall in no event be responsible for any data lost while transmitting information on the Internet.
  6. As a part of continuing process, Food Talk shall make all commercially reasonable efforts to ensure that the Site /App is accessible at all times, however the User acknowledges and agrees that Food Talk may discontinue or suspend providing the Services (or any features within the Services) to the User or to users generally at its sole discretion, without prior notice. The User may at any time stop using the Services and is under no obligation to inform Food Talk of the same.
  7. The User further acknowledges that the Site / App may be unavailable from time to time for any reason including, without limitation, routine maintenance. The User understands and accepts that due to circumstances both within and outside of the control of Food Talk, access to the Site / App may be interrupted, suspended or terminated from time to time.
  8. We do not warrant that restaurant description or other content on Food Talk is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
  9. Browsing on Food Talk is free for buyers and visitors.. Food Talk reserves the right to change its Fee Policy anytime without giving any prior notice to this effect. In particular, Food Talk has the sole discretion to introduce new services, offers, promotion and modify some or all of the existing services offered on the Food Talk In such an event we reserve the right to charge fees for the new services offered or amend/introduce fees for existing services, as the case may be.

Use of the Services by User / Users Conduct

  1. In order to access certain Services, the User may be required to provide certain information about himself / herself (such as identification or contact details) as part of the registration process for the Service or via third party applications, or as part of User’s continued use of the Services. The User agrees that any registration information provided by the User to the Food Talk will always be accurate, correct, and up to date.
  2. The User hereby provides its consent to Food Talk, that all sensitive personal information that the User submits may be processed by Food Talk in the manner and for the purposes of this Agreement. Food Talk may transfer and store on its servers the information provided by the User at the time of registration or otherwise, and such information may be accessed by the staff, subsidiaries and third parties (that process information such as, process credit card payments and provide support services including but not limited to Restaurants / merchants), who act for Food Talk or otherwise for the purpose of this Agreement. The User by submitting its personal data, agrees to this transfer, storing or processing. Food Talk will take all steps reasonably necessary to ensure that the User data is treated securely and in accordance with Food Talk’s standard privacy policy.
    The User further permits Food Talk to allow selected third parties, including marketing and advertising companies, Food Talk’s affiliates, and associates, to contact the User occasionally about services that may be of User’s interest. They may contact the User by telephone, SMS as well as by e-mail. If the User does not want to be contacted by these companies in the future, the User may simply chose the option of unsubscribe available on the email amending the User profile accordingly and/or writing to Food Talk.
  3. The User agrees to access the Site / App and / or use the Services only for purposes that are permitted by (i) the terms prescribed by Food Talk from time to time and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  4. The User agrees to use the data owned or otherwise provided (including but not limited to information of various Restaurants) on the Site or App by Food Talk only for personal usageand not for any commercial use unless agreed to with Food Talk in writing. The right to use the data is a license only, not a transfer of title, and is subject to the following restrictions:
    1. The data may not be used for any commercial purpose or public display, performance, sale or rental;
    2. No copyright or other proprietary notices may be removed;
    3. The data may not be transferred to another person;
    4. Software may not be interfered with in any manner;
    5. Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
    6. Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
    7. In addition, the User agrees that he / shewill not use robot, spider, other automatic devices, or manual processes to monitor or copy Food Talk’s web pages or the content contained herein, without the prior written consent of Food Talk (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Site).
  5. The User agrees that he /she shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Food Talk shall not be liable for any damages to the User’s equipment resulting from the use of this Site / App.
  6. The User permits Food Talk to collect its information, including but not limited to trends, statistics, usage of the website/app, and all such other data, excluding sensitive personal data or such other data prohibited by law to be collected, unless expressly excluded herein. The said data may be transferred by Food Talk to third parties and the user grants permission for the same.

User Content

“User Content” refers to any content, including, but not limited to any text, images, photos, audio, video, suggestions, remarks, graphics, and all other forms of data or communication that a User provides or submits to Food Talk or our affiliates (on the Site / App) in any way including social media, Facebook, survey responses and ratings and reviews. User Content does not include any content of Food Talk. As between the User and Food Talk, subject to any licenses and rights expressly granted herein, any User Content posted by the User is owned by the User. By access to this Site /App, the User acknowledges that he / she is responsible for whatever material he / she submits, and the User, not Food Talk, shall have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Food Talk does not warrant or make any representation regarding the use of the materials contained in this Site / App in terms of correctness, accuracy, and reliability or otherwise. The material in this Site /App may include technical inaccuracies or typographical errors, and Food Talk may make changes or improvements at any time.

License to Food Talk

The User is solely responsible for his / her User Content. By providing User Content the User hereby grants, and represents, and warrants that the User has all rights and authority necessary to grant, Food Talk and its affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and Subject to the restrictions set forth, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. The User hereby irrevocably waives and assigns to Food Talk any and all moral rights the User may have in or with respect to any User Content provided to Food Talk by the User.

All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to Food Talk by the User; or (ii) in response to solicitations by Food Talk regarding the Service or the Site / App; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain the property of Food Talk and the User hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. The User understands and acknowledges that Food Talk has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that Food Talk is only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and Food Talk assumes no obligation, express or implied by considering it. Without limitation, Food Talk shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

The User further agrees that User’s disclosure of User Content is non-propriety and non-confidential and does not establish a confidential relationship with Food Talk or obligate Food Talk to treat the User Content as confidential.

Restrictions on User Content

Without limiting the generality of any other provisions of these Terms of Use, the User agrees not to post, upload, or transmit any User Content that:

  1. Is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
  2. Promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
  3. Is false, misleading, or defamatory;
  4. Is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
  5. Provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission to provide such personal data;
  6. Involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
  7. Falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
  8. Contains restricted or password-only access pages or hidden pages or images;
  9. Involves commercial activities or sales without our express prior written consent; or
  10. Involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Website or any third party web provider’s servers, computers, or networks.

Food Talk assumes no responsibility for monitoring any of the User Content and is under no obligation to review the User Content. Further, Food Talk does not guarantee the accuracy, integrity, or quality of the User Content. Notwithstanding anything to the contrary, Food Talk reserves the right, to edit or remove any User Content and as well as selectively publish certain User Content at any time and for any reason whatsoever as Food Talk deems necessary in its judgment.

The foregoing provisions apply equally to and are for the benefit of Food Talk, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Content in the Services

The User agrees that Content (such as Restaurant information; data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services on the Site is or may be protected by intellectual property rights which are owned by the Restaurants, sponsors or advertisers who provide that content to Food Talk (or by other persons or companies on their behalf). The User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on such content (either in whole or in part) unless the User has obtained written consent to do so by Food Talk or by the owners of such content.

The User understands that by accessing the Site/App and / or using the Services the User may be exposed to content that the User may find offensive, indecent, or objectionable and that, in this respect, the User uses the Services at his own risk. The User acknowledges and agrees that:

  1. The Restaurant/Food Talk may upload the data / information / location coordinates including but not limited to menu, rates, offers, deals, discounts, events, with respect to the establishment. Food Talk does not guarantee the accuracy, integrity, or quality of such data / information. Notwithstanding anything to the contrary, Food Talk reserves the right, to edit or remove any information at any time and for any reason whatsoever as Food Talk deems necessary in its judgment.
  2. Food Talk shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant. The services provided by the Restaurant to the User shall be on principal to principal basis, and in no event shall Food Talk be held liable for any liability arising on account of any acts or omissions or for any services, products, offers, advertisements, promotional material, coupons etc. provided or promised to be provided by the Restaurant to the User.

It is agreed between the parties that Restaurants will have their own applicable terms and conditions, in relation to their own supply of their goods and services (including but not limited to changes in price of items listed in menu, cancellation of any event, discontinuation of any discount deal etc), which are subject to change without prior notice, on which Food Talk shall have no control. Further, Food Talk shall not be held responsible for not providing the revised information on the Site / App with respect to such Restaurant.

Intellectual Property Rights

  1. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (whether registered or unregistered) in the Site / App and / or Service, (subject to Clause 5 (d)) information content on the Site / App or accessed as part of the Service, any database operated by Food Talk and all the Site / App design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of Food Talk (or that of Food Talk licensors). The User shall not, and / or shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
  2. None of the material listed in Clause 5(i) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without Food Talk prior written permission. The User may, however, retrieve and display the content of the Site / App on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that the User keeps intact all and any copyright and proprietary notices. The User may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Site /App without obtaining Food Talk prior written permission.
  3. All rights (including goodwill and, where relevant, trade marks) in Food Talk name are owned by Food Talk (or Digital Food Talk Pvt Ltd). Other products and company names mentioned on the Site are the trademarks or registered trademarks of their respective owners.
  4. Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Restaurant and may be protected by applicable copyright or other law. The Agreement gives the User no right to such content.

Links to Other Websites

The Site / App may provide links to third-party web sites ("Third-Party Web sites"). This Agreement governs only the Site / App and not any Third-Party Web sites. Food Talk's decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Web site. Food Talk may not own or operate the Third-Party Web site, and it has not reviewed, and is under no obligation to review, all of the material, including goods or services, made available through Third-Party Web sites. Food Talk expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Web sites.

The User acknowledges and agrees that Food Talk is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Indemnification

The User agrees to defend, indemnify and hold Food Talk, its subsidiaries and their respective directors, officers, employees, licensors, business associates, suppliers and agents harmless from and against any actual or threatened claims, actions or demands, cause of actions, damages, losses, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees and costs of suit, resulting from or alleged to result from, or arising out of or in connection with the (i) the use / access of the Site /App by the User; (ii) the use of the Service or Site / App through User’s password; or (iii) any breach of the term of this Agreement or any applicable law by User.

Disclaimer of Warranty

The User hereby, expressly agrees that the use of the Site / App is solely at his / her own risk. Neither Food Talk, its subsidiaries nor any of their respective employees, agents and third party content providers make any representations, warranties or conditions of any kind, express or implied, that (i) use of the Site / App will be uninterrupted or error free; or (ii) with respect to the results that may be obtained from use of the Site / App, or (iii) the accuracy, reliability or content of any information, service provided through the Site / App.

The Site / App is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

Food Talk does not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that Food Talk is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.

Disclaimers and Limitation of Liability

Subject to overall provision paraphrased above, the User expressly understands and agrees that Food Talk, its subsidiaries and affiliates shall not be liable to the User for:

  1. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss;
  2. Food Talk disclaims any liability for any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of any reliance placed by the User on the completeness, accuracy or existence of any information on the Site / App, or any image posted or any content uploaded, or using the products or services provided by the Restaurant or relying upon the Restaurant information, advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor or Restaurant whose advertising or information appears on the Services or Site/app or any unclaimed property or liability arising from any unredeemed coupons, and the said liability shall be borne exclusively by the Restaurant.
  3. It is clarified that Food Talk is only a facilitator and acts as a platform for the interaction between the User-User, User-Restaurant and User-Restaurant-User, and cannot, in any circumstance, be held liable for any loss whatsoever on any account, and incurred by the User, after availing any benefit or accessing from the Food Talk website/app.
  4. The Restaurant/Brand shall be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant. The Restaurant shall have the right or obligation to honor its coupons or offers offered on the Food Talk website/app, and Food Talk shall not, in any way, be responsible for honoring any of the offers, offered by the Restaurant on the Food Talk website/app. Food Talk expressly disclaims any liability for any action taken by the Restaurant, which shall be itself be responsible for all its acts/offers.
  5. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s use of the services.
  6. User’s failure to provide Food Talk with accurate account information.
  7. User’s failure to keep his / her password or account details secure and confidential.

Subject to the aforementioned, Food Talk’s aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Rupees 100. The limitations on Food Talk's liability under this section, shall apply whether or not Food Talk has been advised of or should have been aware of the possibility of any such losses arising. Notwithstanding anything to the contrary the user agrees that the user’s sole and exclusive remedy for any dispute with Food Talk is to discontinue user’s use of the site.

Miscellaneous

  1. These Terms of Use and Privacy Policy constitute the entire Agreement between the User and Food Talk in relation to the User’s right to use/access the Site/App, and supersede all previous agreements in respect of User’s right to use the Site / App. However, the Service is provided to the User subject to Food Talk’s standard policies, and procedures as published from time to time on the Site / App. In the event of any conflict between the terms and conditions of this Agreement or the terms and conditions of any Restaurant, the terms and conditions of this Agreement shall prevail.
  2. Without prejudice to other rights available to Food Talk, under these terms and conditions, in the event of any breach of these Terms of Use by the User in any way, Food Talk shall be entitled to take such action as Food Talk deems appropriate to deal with the breach, including suspending User’s access to the Site / App, prohibiting User from accessing the Site /App, blocking computers using your IP address from accessing the website, contacting User’s internet service provider to request that they block the User’s access to the Site /App and/or bringing court proceedings against the User.
  3. The section headings used herein are for convenience only and shall be of no legal force or effect.
  4. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
  5. Without prejudice to any other provision herein, Food Talk shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Food Talk’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Food Talk’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
  6. Food Talk may terminate this Agreement at any point of time, without being liable to serve any written notice. Food Talk’s right to terminate this Agreement shall not prejudice any other right or remedy which the Food Talk may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination. Clause 5, 7, 8, and 9 shall survive upon termination.
  7. This Agreement will be governed by and construed in accordance with Laws of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delhi. All disputes arising out of this contract shall be referred to Arbitration before Mr. Vidhi Anand, Advocate for resolution of dispute in accordance with Arbitration and Conciliation Act, 1996.
  8. In case of any dispute or confusion in interpretation of these Terms of Use / Agreement, Food Talk’s interpretation shall be final and binding.

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