TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
1.1 The services that we at TOD provide to user is subject to the following terms and conditions:
1.1.1 This Agreement governs the use of certain specific material contained on the Website, sets forth the terms and conditions that apply to use of the Site by User. By using the Website, user agrees to comply with all of the terms and conditions hereof. The right to use Website is personal to user and is not transferable to any other person or entity. User is responsible for all use of user’s account (under any screen name or password) and for ensuring that all use of user’s account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of user’s password(s), if any.1.1.2 We shall have the right at any time to change or discontinue any aspect or feature of Website, including, but not limited to, content, material, and third-party communication link 2 (herein after referred to as “Third Party Websites”) needed for access or use.
2. SERVICES AND CONTRACT
3. CHANGED TERMS
4. DESCRIPTION OF SERVICES
6. USER CONDUCT
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
8. LIMITATION OF LIABILITY
8.1 User expressly agrees that use of the Website is at user’s sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. Company is not liable for any delay in food delivery or if the food delivered is old, not as per specifications of the order or stale. Payments once made will be refunded based upon genuinity of the refund. Refunds will only be processed via the Company’s TOD Cash refund process only.
8.2 The Website is provided 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.
8.3 Notice of liability: despite regular controls, the Company is not liable for the content of external third party websites. The owners of these websites are fully responsible for the content of the linked pages. Please contact us if you notice external pages with illegal or immoral content. The legal information in this Agreement also applies to the Company’s social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
8.4 This limitation 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. User specifically acknowledges that TOD is not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
8.5 In no event will user or any person or entity involved in creating the Website be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use Website. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
9. LINKS TO THIRD PARTY WEBSITES
9.1 The links on the Website (including Company appointed vendor’s websites) will let you leave our Website. The linked sites are not under the control of TOD and TOD is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TOD is not responsible for webcasting or any other form of transmission received from any linked site. TOD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TOD of the site.
9.2 TOD is only an intermediary service provider 3 (herein after referred to as “Intermediary”), and not a distributor or publisher of content supplied by third parties. Accordingly, TOD has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including, users or any other user of website, are those of the respective author(s) or distributor(s), vendors and not of TOD. TOD does not guarantee the accuracy, completeness, or usefulness of neither content nor its merchantability or fitness.
9.3 In many instances, the content available through the Website represents the opinions and judgments of the respective information provider, not under contract with TOD. TOD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than our authorized employee or spokespersons while acting in their official capacities. Under no circumstances will TOD be liable for any loss or damage, whether financial or otherwise, caused by a user’s reliance on information obtained through the Website. It is the responsibility of user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
10.1 TOD shall have the right, but not the obligation, to monitor the content of Website, including third party websites, to determine compliance with this Agreement and any operating rules established by TOD and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that TOD in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- We provide the information to trusted partners, affiliates, industry experts and professionals (collectively “Service Partners”) only if we the necessity to do so in order to enhance your service experience. Service Partners may use your Personal Information to help us communicate with you about offers and discounts. However, Service Partners do not have any independent right to share this information.
- We respond to court orders, legal process or to establish or exercise our legal rights or defend against legal claims.
- We may need to contact you to comply or co-operate with a legal request. For this purpose, we will use the email address provided to us by you. All communications sent by us at such email address shall be deemed to have been communicated to you.
10.2 Data disclosure to OPGSPs: We may disclose your personal information to OPGSPs and for the following purposes:
10.2.1 to prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your user accounts;
10.2.2 to provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes);
10.2.3 to facilitate the processing of payment cards when you pay within our Services with a payment card and we use OPGSPs to process your payment.
10.3 Disclosure to Service Providers and financial institutions partners:
Third party service providers who help us to provide our Services, payment processing services, assist us in providing customize advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our User Agreement, fraud and/or security breaches, bill collection, affiliate and rewards programs, co-branded credit cards and other business operations.
11.1 User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Website by user.
11.2 We have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about you. We seek to ensure compliance with the requirements of the information technology laws as applicable from time to time to ensure the protection and preservation of your privacy. Additionally, 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.
12. PAYMENT SECURITY
13.1 Either TOD or user may terminate this Agreement at any time. Without limiting the foregoing, TOD shall have the right to immediately terminate user’s account in the event of any conduct by user which TOD in its sole discretion, considers to be unacceptable, or in the event of any breach by user of this Agreement.