These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the web application (the “The Resto POS”).
By accessing the Web Application you agree to be bound by the following terms and conditions (“Terms“). If you have any queries about the Application or these Terms, you can contact Us by any of the means set out in these Terms. If you do not agree with these Terms, you should stop using the App immediately.
a) “Content” means the content that The Resto POS creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, functionalities, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. It will include (but is not limited to) images, photos, audio, video, and all other forms of information or data.
b) “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as ratings, reviews, images, photos, messages, customer information, information on number of tables, table availability, table usage and any other materials that you display or are displayed in your account.
The Web Application is made available for your own, personal use. We grant you a personal, limited, nonexclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms.
You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.
When you use the Web Application you must comply with all applicable laws of India and with any applicable international laws (together referred to as “Applicable Laws”).
You agree that when using the Web Application you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
We are the sole and exclusive copyright owners of the Services and our Content.
You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us uponbecoming aware of any claim that the Services infringe upon any contractual, intellectual, statutory, or common law right.
You further acknowledge that the Services may contain information which is designated as confidential by The Resto POS and that you shall not disclose such information without The Resto POS’s prior written consent.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, our Content or our Intellectual Property Rights.
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, nonexclusive, royalty-free, right to use Your Content for any purpose including API partnerships with third parties and in any media existing now or in future. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, by any third party services and our and their users.
You are responsible for your Content. You represent and warrant that your Content was not submitted via the use of any automated process such as a script bot;
Use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; and
Your Content does not violate the Terms or any applicable laws.
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
The Resto POS may monetize some of this Content through the use of third party affiliate programs. Notwithstanding such affiliate programs, The Resto POS does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
Please note that your use of third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.
Third party content, does not reflect our views or that of our parent, subsidiary, affiliate companies, employees, officers, directors, or shareholders.
We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services.
We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services.
Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates.
We assume no responsibility or liability for any of Your Content or any third party content.
You further acknowledge and agree that The Resto POS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
We take your privacy very seriously. The Resto POS will only use your personal information in accordance with the terms of our privacy policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE RESTO POS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERMS OR CONDITIONS AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, AS BETWEEN THE RESTO POS AND YOU, ARE HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
The Resto POS reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
These Terms (as amended from time to time) constitute the entire agreement between you and The Resto POS concerning your use of the App. The Resto POS reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately.You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of The Resto POS.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Vertuora Innovations Private Limited,
# 1-105-12, Plot 26,
Sector – 8, MVP Colony,
Visakhapatnam – 530017,
Andhra Pradesh, INDIA.
Phone no.: +91 73308 00851
Email: hello@theverticals.in