The following terms of service (“Terms”) are a legal agreement between you and Techryde Inc (hereinafter referred to as “Techryde”/ “we”/ “us” or “our”) and these Terms govern your access to and use of our services and resources enabled herein (each a “Service” and collectively, the “Services”) and each branded application that includes links to these Terms (the “Application” together with the Website and Services, the “Properties”), which are provided to you by Techryde on behalf of the company whose branding is displayed on the Properties (hereinafter referred to as the “Branding Company”)
By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including but not limited to promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and understand the Privacy Statement.
By clicking on the “I ACCEPT” button, completing the registration process, and/or browsing the website or downloading the application, you represent that:
1. you have read, understand, and agree to be bound by these Terms
2. you are of legal age to form a binding contract with Techryde, and
3. you have the authority to enter into the Terms personally or on behalf of the company, you have been named as the user, and to bind that company to the Terms.
If you do not agree to be bound by the Terms, you may not access or use this website, application or services.
“You” here refers to the individual or legal entity, as applicable, identified as the user when registered on the services.
The Terms limit the remedies that may be available to you in the event of a dispute.
1.1. Techryde provides technology platform to Branding Company to enable (i) login via facebook, google and email account (ii) delivery and pickup of the food orders (iii) catering and dine in to the dining customers (“Diners”) to place orders for food, beverages, and related products and services provided by the Branding Company (“Purchases”) (iv) Manages food menu (v) location of stores on google maps (vi) searches nearest stores using customer’s location (vii) manages delivery addresses (viii) manages the food cart, order history and re-ordering (ix) facilitates payment integration for the Purchases with an eligible Payment Method (“Payment Transactions”) (x) SMS and email trigger on various stages of the order (xi) order injection to POS
2. USE OF THE SERVICES
2 .1. Application License: Subject to your compliance with these Terms, Techryde grants you a limited non-exclusive, non-transferable, revocable license to download, install and use a copy of the application on a mobile device or computer that you own or control and to run such copy of the application solely for your own personal purposes. Furthermore, with respect to any application accessed through or downloaded from the Apple iTunes App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
2.2. Updates: You understand that the Properties keep evolving, as a result, Techryde may require you to accept updates to the Properties that you have installed on your computer or mobile device. You acknowledge and agree that Techryde reserves the right, in its sole discretion, to modify the Properties from time to time, with or without notice. You may need to update third-party software from time to time in order to use the Properties.
2.3. Branded Company Products: The Properties enable the Branded Company to offer various food, beverage (“Products”) and Services to you and other users. The Products advertised or otherwise made available for purchase on the Properties are determined solely by the Branded Company, and Techryde shall have no liability to you for any modification, unavailability or discontinuation of any Products and Services.
2.4. Delivery of Products and Services: Any delivery service you use, as provided at the option of the Branded Company, is at your sole discretion and Techryde shall have no liability to you for any delivery-related issues.
3. LIMITATIONS ON YOUR USE OF SERVICES
3.1. The rights granted to you in these Terms are subject to the following restrictions:
a) you may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Properties;
b) you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Properties, or any Products accessible through the Services;
c) you shall not use any manual or automated software, devices or other processes, including, without limitation, spiders, robots, scrapers, data mining tools, and the like, to “scape” or download data from any web pages contained in the website;
d) you shall not access the Properties to build a competing or similar website, application or service; and
e) except as expressly stated herein, no part of the Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the Properties shall be subject to these Terms. Techryde, its suppliers and services providers, and the Branded Company reserve all rights not granted in these Terms. Any un-authorized use of the Properties terminates the licenses granted by Techryde hereunder.
4. ELIGIBILITY AND REGISTRATION
4.1. Registering Your Account: In order to access certain features of the Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the website or application (“Account”), has a valid account with a third-party service or social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
4.2. Access Through SNS: If you access the Services through a SNS as part of the functionality of the website, the application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Techryde to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Techryde and/or grant us the access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Techryde to pay any fees or making Techryde subject to any usage limitations imposed by such third-party service providers. By granting us the access to any Third-Party Accounts, you understand that Techryde may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Properties, that you have provided to and stored in your Third-Party Account (“SNS Content”), making it available on and through the Properties via your Account. Unless otherwise specified in the Terms, all SNS Content is, as between you and Techryde, your content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Properties. Please note that if a Third-Party Account or associated service becomes unavailable or the Techryde’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Properties. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers, and Techryde disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such Third-Party Accounts. Techryde makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Techryde is not responsible for any SNS Content.
4.3. Registration Data: In registering for the Services, you agree to the following:
a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”);
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
c) you are at least eighteen (18) years old;
d) you are responsible for all activities that occur under your Account;
e) you agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Properties by minors;
f) you may not share your Account or password with anyone,
g) you agree to notify Techryde immediately of any unauthorized use of your password or any other breach of security;
h) if you provide any information that is untrue, inaccurate, not current or incomplete, or Techryde has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Techryde has the right to suspend or terminate your Account and refuse any and all current or future use of the Properties (or any portion thereof); and
i) you agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Properties if you have been previously removed by Techryde, or if you have been previously banned from any of the Properties.
5. PERMITTED ACTIVITIES
5.1. By using the Services, you agree that:
a) you will not use the Services in any way that violates Applicable Law, these Terms, or any other Policies.
b) you may only use the Services to make Purchases of a legitimate, bona fide Product or Service that is purchased from a Branding Company. The Services may not be used to transfer money or process a Payment Transaction that is unrelated to a purchase of a Product or Service from a Branding Company.
c) the information that you upload or post in connection with the Services does not infringe on anyone else's intellectual property or proprietary rights or otherwise conflict with the law or the rights of others.
d) you will not upload, post or otherwise transmit through the Services any content that contains any viruses, trojan horses, time bombs, or any other harmful programs or elements.
e) you will not provide false information about yourself to us, impersonate any other person, collect information about other users, or otherwise attempt to mislead others about your identity or the truthfulness or accuracy of the data you transmit through the Services.
f) you will not damage, disable, disrupt, overburden, interfere with, or attempt to gain unauthorized access to any portion of our Services, computer systems, servers or networks, or any other person’s use and enjoyment of the Services.
g) Techryde may suspend or terminate your use of the Services at its sole discretion for any actual or suspected violation of these limitations or other applicable policies or rules referenced in these Terms of Service.
6. DATA PRIVACY AND SECURITY
6.1. The privacy and security of your personal information is important to us. Techryde’s Privacy Statement describes what information we collect about you and how we may use personal information. We encourage you to read the Privacy Statement carefully, as it forms a binding part of these Terms of Service and contains important information about your rights.
7.1. Branding Company may charge you fees as well as taxes in addition to the price of the Products or Services you purchase As of the date of these Terms, Techryde does not charge you a fee to make Purchases from Branding Company using Techryde’s Services.
8. PAYMENT AND BILLING
8.1. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from the Branded Company or any third party acting on their behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide Techryde with a valid credit card (Visa, MasterCard, American Express, or any other issuers accepted by us), charge card, Branded Company-specific gift card or Branded Company-specific cash card (“Payment Provider”).
8.2. You acknowledge and agree that for each order you place through the Service, the full cost of Products you order will be assessed against your Payment Provider.
8.3. You acknowledge and agree that a command originating from your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges.
8.4. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account.
8.5. The Service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the website.
8.6. You agree to immediately notify Techryde of any change in your billing address or the credit card used for payment hereunder.
9. ORDER CHANGES, CANCELLATION, REFUNDS AND CUSTOMER SERVICE
9.1. You acknowledge that Techryde is not responsible for full or partial refunds on purchases of Products or related order fulfilment charges including any associated delivery-related charges Branding Company set their own cancellation and refund policies. Once a Purchase has been made through Techryde app or Online Ordering, you will need to contact the Branding Company directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.
9.2. For questions or customer service regarding a Purchase or the product or service provided by a Branding Company, please contact the Branding Company directly on the phone number provided as soon as possible to request a full or partial refund
9.3. Techryde is not responsible for any Branding Company service issues or content errors or inaccuracies related to a Branding Company’s website, menu, or other materials.
10. OBLIGATIONS OF BRANDING COMPANY
10.1. Each Branding Company is solely responsible for all aspects of its own day-to-day operations, including provision of food and beverages (by any method, including through delivery), service, environment, and overall quality and accuracy.
10.2. Each Branding Company is solely responsible and liable for all marketing, selling, pricing, packaging, and provision of any products or services offered to Diners through the Services in compliance with all applicable laws, regulations, and rules or industry standards (“Applicable Law”).
10.3. Branding Company is the seller of the food, beverages and related products and services which you may order and pay for through app. The Branding Company is solely responsible for any and all damages, claims, liabilities, costs, injuries or illness caused in whole or in part by the Branding Company. Branding Company is also solely responsible for any unclaimed property liability which may arise from Purchases paid for but not received by you.
11.1. If you materially breach the Terms, Techryde may suspend your ability to use the Properties or may terminate the Terms effective immediately, with or without notice to you.
11.2. If you want to terminate this Terms, you may do so by notifying Techryde at any time and closing your Account for all Services that you use. Upon termination of these Terms, your right to use the Services will automatically terminate immediately. Techryde will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of the Terms, including without limitation, ownership provisions, warranty disclaimers and limitation of liability, etc.
12. REPRESENTATION AND WARRANTIES
12.1. Techryde makes no representation or warranty regarding whether a Branding Company holds any applicable permit, license, registration, or other credential for its business; whether representations by a Branding Company are true and accurate; or whether a Branding Company complies with Applicable Law, and Techryde is not responsible for the quality of the products or services provided by Branding Company.
13. DISCLAIMER OF WARRANTIES
13.1. You expressly agree that use of the Properties is at your own risk. The Properties are provided on an "As Is" and "As Available" basis. Techryde expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. Techryde makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free.
13.2. You understand and agree that any products you obtain through use of the Services is done at your own risk, and Techryde makes no warranty regarding any dealings with or transactions entered into with any other parties through the Services. No advice or information, whether oral or written, obtained by you from Techryde or through the Services shall create any warranty not expressly made herein.
14. LIMITATION OF LIABILITY
14.1. You understand that to the extent permitted under applicable law, in no event will Techryde, or any of their officers, directors, employees, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of the possibility of such damages), arising out of or related to your use of the Properties or Products, regardless of whether such damages are based on contract, tort or otherwise. The parties acknowledge that this paragraph reflect the allocation of risk set forth in this Terms and that the parties would not enter into this agreement without these limitations of liability. Under no circumstances will the aggregate liability of Techryde to you for all claims arising from or related to your use of the properties or products, exceed USD 2,500. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations and disclaimers may not apply to you. to the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
15.1. You agree to indemnify, defend and hold harmless the Techryde and each of their agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the Services, (b) your use of or access to the Properties, (c) your violation of these Terms (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.
17. INTELLECTUAL PROPERTY OWNERSHIP
17.1. Except for the content and information, uploaded on the Services, you agree that Techryde owns all rights, title and interest in the Properties. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor.
17.2. All trademarks, brands, slogans, images (“Marks”) and information that appear on or in connection with the Services are the property of the Branded Company. You are not authorized to use any of the above Marks and information.
18. APP STORES
19. FORCE MAJEURE
19.1. Techryde shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
20. GOVERNING LAW AND JURISDICTION
20.1. The Terms shall be construed in accordance with and governed by the laws of Delaware State. Any dispute shall be subject to the jurisdiction of competent courts in Delaware State.
21.1. All aspects of the proceeding, including but not limited to any ruling, decision of the courts and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.
22.1. Headings: Section headings contained in this Terms of Service are for convenience only and do not define, limit or enlarge the scope of the provisions of the Terms and shall not be considered in the interpretation or enforcement of the Terms.
22.3. Assignment: You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent and any attempted assignment may be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice and consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
22.5. Notice: Where Techryde requires that you provide an e-mail address, you are responsible for providing Techryde with your most current e-mail address. In the event that the last e-mail address you provided to Techryde is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Techryde’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Techryde only at the following address: Unit No. C310-311, 4th Floor, Tower C,“Noida One”, Plot No. 8, Block-B, Sector 62, Noida – 201 309. OR 260 Chapman Rd , Newark DE USA 19702
22.7. Questions, Complaints, Claims: If you have any questions, complaints or claims with respect to the Properties, please contact us at: Unit No. C310-311, 4th Floor, Tower C,“Noida One”, Plot No. 8, Block-B, Sector 62, Noida – 201 309. OR 260 Chapman Rd , Newark DE USA 19702 .We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.