Terms and Condition
This document is an electronic record, does not require any physical or digital signatures, and is a Legal Agreement between you, a Client or Customer ("Customer", "you" or "user") and PoshCurry™. This document states the rules, guidelines, policies and material terms and conditions that govern your use of the "PoshCurry™ " application, websites, including www.poshcurry.com and any versions optimized for use on a mobile or tablet device; all newsletters, electronic or otherwise, published or distributed by PoshCurry™; all apps published by PoshCurry™; and all other services, features and communications provided by PoshCurry™ ("Service/s") that are operated, or produced and maintained by PoshCurry™ (collectively "PoshCurry™ " or "us", "we", or "our"). This agreement, together with all updates, supplements, additional terms, and all of PoshCurry™’s rules and policies collectively constitute this "Agreement" between you and PoshCurry™.
BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS STATED HEREIN, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE AND CONDITIONS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES AND ANY RELATED SERVICES FOLLOWING THE PUBLISHING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. CHANGES TO OUR TERMS OF USE WILL NOT APPLY RETROACTIVELY UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Services, you agree to such terms and conditions
Please also visit PoshCurry™ "Privacy Policy" that detail out describes the types of personal data we may collect, why we collect this data, how we may use this data, the circumstances under which we may disclose this data and how you can manage this data.
Should you have any questions about the Terms and Conditions please contact us by email at info@poshcurry.com.
ABOUT POSHCURRY™
PoshCurry™ provides daily meal solutions by enabling customers to order quality food for home or office delivery from proprietary cloud kitchens staffed by carefully selected and trained cooks and chefs. Customers view our food choices online via our application and/or website and purchase single or multiple selections on demand or place orders in advance for bulk purchases and/or meal subscriptions. Food purchased online will be delivered to the address provided by the Customer.
PoshCurry™ services are restricted to locations mentioned on the Application and/or Website. PoshCurry™ is not bound to deliver in areas outside the locations mentioned on the Application and/or Website and makes no representation that the Service is appropriate or available for use in other locations. If you use the Application/Website from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
LICENSE TO ACCESS AND USE THE SERVICES
PoshCurry™ grants you a limited, non-exclusive, revocable, non-transferable license to access and make personal, non-commercial use of the Services, API, or their content on the corresponding platforms and not to modify all or any portion of the Services and their content. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any images or third party content on the Services; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data gathering, mining and extraction tools. The Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without PoshCurry™’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
COPYRIGHT
All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, animation, video, sound, and illustrations ("Content"), is owned by PoshCurry™, its agents, licensors, vendors, and/or its providers of content. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as authorised under the copyright laws; You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. All the Services, its Content and all related rights shall remain the exclusive property of PoshCurry™ or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Services.
TRADEMARKS AND ENDORSEMENTS
All trademarks, service marks and trade names of PoshCurry™ used herein (including but not limited to: PoshCurry™ name, PoshCurry™ corporate logo, the Services name, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of PoshCurry™ or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify PoshCurry™ trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without PoshCurry™'s prior written consent. The use of PoshCurry™ trademarks on any other web site or network computer environment is not allowed. PoshCurry™ prohibits the use of PoshCurry™ trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use PoshCurry™’s name or any language, pictures, images or symbols which could, in PoshCurry™’s judgment, imply PoshCurry™’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
COMMUNICATIONS, REGISTRATION AND SECURITY
You understand that you need to register and/or create an account to have access to most parts of the Services. In doing so you are required to provide us with your mobile phone number, e-mail, login/ password while placing your order through this Service. By using this Service, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from us at any time and for any purpose with the use of the mobile phone number that has been provided by you, which is subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this Service also constitutes your consent to receive SMSs from us at any time we deem fit. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information.
The Services may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Google, Yahoo, Facebook, Twitter, or LinkedIn. These third party services are unrelated to the Services, and your login using such third party registration information and use of such third party services is subject to the terms and policies of those services.
CUSTOMER SUBMISSIONS AND COMMENTS
You retain all your rights to any Content (e.g. comments, photographs) that you provide, submit or share using the Services ("Customer Submissions"). By posting Customer Submissions you do expressly grant PoshCurry™ a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Content in your Customer Submission and your name, voice, and/or likeness as contained in your Customer Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the PoshCurry™ Services, and including the unfettered right to sublicense such rights, in perpetuity.
INAPPROPRIATE CUSTOMER SUBMISSIONS
PoshCurry™ does not encourage, and does not seek Customer Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to nay other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission or (iv) are sexual in nature. PoshCurry™ will reject any submissions in which PoshCurry™ believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, PoshCurry™ reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Site at any time and without notice.
INAPPROPRIATE CONTENT
You are prohibited from using the Services to send or publish any illegal, defamatory, racist, threatening, obscene, pornographic or libelous content or any content that could be deemed to be illegal. Such violations may result in the sender (or his/her agents) being subjected to civil and criminal penalties. Further, sending unsolicited advertisements or "spam" to any user of the Services or the Services or through voice enabled computer systems is expressly prohibited by these Terms of Use. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any other conditions, policies or rules published to our affiliated website(s), we may take any action we deem necessary to alleviate and prevent said violation. This may include (without limitation) prohibiting you from posting content and/or the immediate removal of the related content from the Services at any time without notice. We will fully cooperate with any law enforcement authorities requesting or directing us to disclose the identity of anyone posting such content.
CUSTOMER PUBLISHED CONTENT
Customer comments and User published Content do not represent the views of PoshCurry™ or any individual associated with PoshCurry™, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, PoshCurry™’s endorsement of user published Content. PoshCurry™ does not vouch for the accuracy or credibility of any user published content on our Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Services. Through your use of the Services and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, you assume all associated risks.
ADVERTISING RIGHTS
PoshCurry™ reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and PoshCurry™ and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate PoshCurry™ to sell, license or offer to sell or license any advertising, promotion or distribution rights.
CONNECTING TO THE SERVICES
Creating or maintaining any link from another web site to any page on the Services without our prior written permission is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Services must comply will all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, the Services may contain links to web sites that are not owned, operated or controlled by PoshCurry™ or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Services, you do so entirely at your own risk.
TRANSACTIONAL PARTNERS
In some cases we may partner with another company to co-promote their services within our Services. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by PoshCurry™ terms of service. When there is a conflict between these terms of service and the partner’s terms of service, these terms of service will prevail.
CONTESTS
From time to time the PoshCurry™ may offer contests and games. Additional terms and conditions will apply to your participation in each contest or game.
CHARGES
For all charges associated with your use of the Services, PoshCurry™ or its vendors or agents will bill your debit card, credit card. Payment Wallet or alternative payment method offered by PoshCurry™. When you provide debit/credit card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse PoshCurry™ and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Services.
INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
RIGHT TO REMOVE CONTENT
Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user's e-mail unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on PoshCurry™ or the Services; (2) protect and defend the rights or property of PoshCurry™, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and PoshCurry™ shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Services.
GENERAL REPRESENTATIONS AND WARRANTIES
You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms and conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. Furthermore, you shall be solely responsible for your own Customer Submissions and the consequences of posting or publishing them. In connection with Customer Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto (ii) you have read, understood, agree with, and will abide by the terms of this agreement (iii) you are not, and have not been an agent of PoshCurry™ and were not and are not acting on behalf of, or as a representative of, PoshCurry™ or any other party in connection with the Customer Submission;; (iv) if necessary you have the written consent of each and every person in the Customer Submission to use such persons name or likeness in the manner contemplated by the Services and this Agreement (v) the Customer Submission and PoshCurry™’s use thereof as contemplated by this Agreement and PoshCurry™ will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) The Customer Submission does not contain: (a) any falsehoods or misrepresentations that could harm PoshCurry™ or any third party; (b) impersonations of third parties, other than those which are readily apparent. (c) Advertisements or solicitations of business; or (d) Content that is illegal, defamatory, racist, threatening, obscene, pornographic or libelous content or content that would be deemed illegal.
WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE "POSHCURRY™" SERVICE/S", HOWEVER ACCESSED AND/OR USED, THAT ARE OPERATED BY, MADE AVAILABLE BY, OR PRODUCED AND MAINTAINED BY POSHCURRY™ IS ENTIRELY AT YOUR OWN RISK. THE POSHCURRY™ SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, POSHCURRY™ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE POSHCURRY™ SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE POSHCURRY™ SERVICE; POSHCURRY™ DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY PRODUCER, SUPPLIERS, SERVICE PROVIDER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. POSHCURRY™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE POSHCURRY™ SERVICES. POSHCURRY™ DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
INDEMNIFICATION AND LIMITATION OF LIABILITY
NEITHER POSHCURRY™ NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY DATA PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, " POSHCURRY™ PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE POSHCURRY™ SERVICE, OR THE INTERNET. POSHCURRY™'S LIABILITY SHALL BE LIMITED TO GIVING YOU A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR ONLY REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE POSHCURRY™ SERVICE. POSHCURRY™ RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.
THROUGH WE WILL ENDEAVOR TO PROVIDE THE PREPARED FOOD INGREDIENT AND PREPARATION INFORMATION TO CUSTOMERS (AS A PART OF THE PREPARED FOOD DESCRIPTION), WE CANNOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF THAT INFORMATION, OR ANY HARM THAT MAY ARISE FROM THE INACCURACY OR INCOMPLETENESS OF SUCH INFORMATION. IF A CUSTOMER IS CONCERNED WITH THE COMPLETENESS AND ACCURACY OF FOOD ALLERGEN, PREPARATION OR LIKE INFORMATION, THEY SHOULD NOT USE OUR SERVICE.
FOOD IMAGES PROVIDED THROUGH THE SERVICES ARE FOR REPRESENTATION PURPOSES ONLY. FOOD WILL BE DELIVERED IN PACKAGING THAT IS SIGNIFICANTLY DIFFERENT FROM THE PHOTOGRAPHIC REPRESENTATION IN ORDER TO MAINTAIN THE QUALITY AND FRESHNESS OF THE FOOD.
POSHCURRY™ WILL NOT BE LIABLE FOR ANY HARM, DAMAGE, ILLNESS OR INJURY (PHYSICAL, EMOTIONAL OR OTHERWISE), ARISING FROM YOUR USE OF OUR SERVICES, FOOD PURCHASE, SALE, DELIVERY OR CONSUMPTION.
Apple Disclaimer. The following paragraph applies to any version of the Services that you acquire from the Apple App Store. This Agreement is entered into between you and PoshCurry™. Apple, Inc. ("Apple") is not a party to this Agreement and shall have no obligations with respect to the Services. PoshCurry™, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, you are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
INDEMNITY
In addition to those indemnities set forth above you agree to defend, indemnify and hold PoshCurry™ and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or the Internet or your placement or transmission of any message or information on this Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of India or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to PoshCurry™; or (vi) any other party’s access and use of the Services with your username, password or other appropriate security code.
RELEASE
In the event that you have a dispute with one or more other users of the Services, you release PoshCurry™ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.
TERMINATION
You or we may suspend or terminate your account or your use of these Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Services in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
FORCE MAJEURE
Neither PoshCurry™ nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
We do not guarantee continuous, uninterrupted or secure access to our Services or Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that PoshCurry™ may automatically assign these Terms of Use and all incorporated agreements in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 4 (License to Services), 18 (Access and Interference), 24 (Release), 22 (Limitations of Liability), and 23 (Indemnity) shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION
The law, rules and regulations of India shall govern the interpretation and performance of this Agreement and any disputes arising out of it. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, and you agree to submit to the personal jurisdiction of such courts.
PRIVACY
Data collection and use, including data collection and use of personally identifiable information is governed by PoshCurry™'s Privacy Policy http://www.poshcurry.com/privacy-policy.html which is incorporated into and is a part of this Agreement.