Terms & Conditions

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                                                            TERMS OF USE

 

These  Terms  of Use (hereinafter referred to as the "Terms"), constitute a legally binding agreement between the End User (hereinafter referred to as "You" or 'Your") and M/s Party Ponder Private Limited, registered under the Companies Act, 2013 having its registered address at Unit No-1106,11th Floor,Tower-B4 Spaze IT Park Sector-49, Sohna Road Gurgaon - 122002 (hereinafter referred to as "PPPL" ) regarding your use of  www.partyponder.com (hereinafter to as the "Website") and any related mobile or software applications (hereinafter referred to as the "PPPL Platform") including but not limited to delivery of information via the Website/PPPL Platform whether existing now or in the future for the purpose of facilitating table bookings by the End Users to the Partner Entity  that link to the Terms. ( hereinafter referred to  as the " PPPL Service")

By accessing the Website/PPPL Platform and/or by clicking "I agree", you agree to be bound by these Terms. If you do not agree to these Terms, immediately stop accessing the Website and do not use any PPPL  Service offered through the Website.

For this purpose ,  “End User” means any person who access or avail this Website/PPPL Platform of PPPL for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website/PPPL Platform of PPPL.

  1. DEFINITIONS
  1. "PPPL Content" means content that PPPL creates and make available in connection with the PPPL Service including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the PPPL Service excluding Your End User Content
  2. "End User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.
  3. "Partner Entity" means restaurants listed on Website or PPPL Platform..

 

  1. ELIGIBILITY TO USE THE  PPPL SERVICE.

 

  1. You hereby represent that you are eighteen (18) years of age or above and are fully able and competent to understand and agree the terms and conditions, obligations, affirmations, representation and warranties set forth in these Terms.
  2. Compliance with the Laws: You are in compliance with all laws and regulations in the country in which you live when you access and use the Website/PPPL Platform. You agree to use the Website/PPPL Platform only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.

 

  1. CHANGES TO THE TERMS
  1. PPPL may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of the Website/PPPL Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

 

  1. OWNERSHIP OF CONTENT
  1. The PPPL Content as well as the infrastructure used to provide the PPPL Content, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, Contents, products or services obtained from or through the Website/PPPL Platform.
  2. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the PPPL Service only as expressly permitted in these Terms. You shall not use the PPPL Service for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Website/PPPL Platform solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of PPPL Content in whole or in part except as expressly authorized by us. 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, PPPL Content or our Intellectual Property Rights. .
  3. By submitting End User Content, you hereby irrevocably grant PPPL a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use  the End User Content. By "use" PPPL mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works.

 

  1. PROVISION OF SERVICES OFFERED BY PPPL
  1. You acknowledge and agree that the form and nature of the PPPL Service which PPPL  provides, may require effecting certain changes in it, therefore, PPPL reserves the right to suspend/cancel, or discontinue any or all products or PPPL Service at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Website/PPPL Platform without any prior notice.
  2. You acknowledge and agree that if PPPL disables access to your account, you may be prevented from accessing the PPPL Service, your account details or any files or other content, which is contained in your account.
  3. You acknowledge and agree that while PPPL may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, PPPL may set such fixed upper limits at any time, at PPPL's discretion
  4. By using PPPL's Service you agree to the following disclaimers:
    • The Content on these Website/PPPL Platform is for informational purposes only. PPPL disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. PPPL  reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. PPPL does not guarantee quality of the Partner Entity Services, the prices listed in menus or the availability of all menu items at any Partner Entity premises. PPPL shall not be liable for any liability arising from the information not providing in the listing page of the Partner Entity in the Website/ PPPL Platform.
    • Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Partner Entity's listing page on the Website/ PPPL Platform is for informational purposes only. Such Certification is display as  provided to PPPL by the Partner Entity. PPPL does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a End User upon the Certification or information thereto shall be strictly at such End User own risk and PPPL in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Partner Entity.
    • The photographs published in the Website/PPPL Platform in the Partner Entity’s Listing Page are provided by the Partner Entity. PPPL does not guarantee the authenticity of the photographs published in the Partner Entity's Listing Page.
    • PPPL reserve the right to remove the End User Content, but does not control actions or the End User Content posted by the End User and do not guarantee its accuracy, integrity or quality of the End User Content.

 

  1. LIMITATION OF LIABILITY
  1. Any transactions relating to booking of table or reservations of goods or services not directly offered by PPPL, are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by PPPL. PPPL merely endeavours to provide a platform where you and the Partner Entity may interact, exchange information or carry out a reservation on such basis that are mutually agreed between you and the other party. PPPL does not guarantee the quality of the food or any of the Partner Entity Services.
  2. PPPL  shall not be liable for any loss that you may incur, while making reservations or bookings of the third party. Under no circumstances shall PPPL be held responsible or liable, in any way, for any content which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Website/PPPL Platform, or any infringement of another's rights, including Intellectual Property Rights.
  3. You expressly agree that use of the Website/PPPL Platform is at your sole risk. Neither PPPL nor any of their respective employees, agents, merchants, third-party content providers or licensors warrant that use of the Website  will be uninterrupted or error free; nor do they make any warranty as to :-
    1. the results that may be obtained from use of the Website/PPPL Platform; or
    2. the accuracy, completeness, reliability or content of any information (including, but not limited to, product descriptions), service or products provided through the Website/PPPL Platform.

 

  1. PPPL shall not be liable for any damage/injury or harm caused to the Partner Entity or the Partner Entity's staff/employee by your act.

 

  1. END USER CONDUCT AND OBLIGATIONS
  1. The Website/PPPL Platform operated by PPPL that is available to End Users is private property of PPPL. All interactions on the Website must be lawful and must comply with these Terms. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other End Users from using or enjoying any part of the Website/Services, we may limit your privileges on the Website and seek other remedies.
  2. You shall not engage in any of the following activities  given underneath as they shall constitute express violations of these Terms:-
    1. Submitting any purposely inaccurate information, committing fraud or falsifying information.
    2. Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
    3. Attempting to scan, or test the security or configuration of the Website or to breach security or authentication measures without proper authorization.
    4. Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by PPPL.
    5. attempting to interfere with Service to any End User in any manner, including, without limitation, by means of  submitting a virus to our Website, or attempts at overloading, flooding, spamming, mail bombing  or crashing the Website.
    6. Using the contents of the Website/PPPL Platform to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with PPPL, without PPPL prior written consent.
    7. Reselling or repurposing your access to the Website.
    8. Using any PPPL customer from the Website for any commercial purpose, including, but not limited to, marketing.
    9. Accessing, monitoring or copying any content or information from any Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission from PPPL.
    10. Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Website.
  1.  If the End User Content is a review, then you represent and warrant that you are the sole author of the review. You acknowledge and agree that any liability that arises from the End Users Content is the sole responsibility of the End Users who posted the End User Content, and not that of PPPL.
  2. You shall in addition to the Terms abide with the respective Partner Entity's rules and regulations. PPPL shall not be liable for non-compliance of any Partner Entity's rules and regulations which you are bound to comply with.
  1. WEBSITE OF OTHERS
    1. The Website/PPPL Platform may contain links to websites maintained by other parties not affiliated with PPPL. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
  1. LICENSE BY END USER
    1. By posting End User Content or other information on or through the Website, you grant PPPL  a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations. Your license of any information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

 

  1. INTELLECTUAL PROPERTY RIGHTS
  1. The Website/PPPL Platform contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the India. PPPL owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.
  2. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of PPPL or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted , you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

 

  1. INDEMNIFICATION
  1. You agree to indemnify, defend, and hold harmless PPPL from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
  2. Your unauthorized use of the Website/PPPL Platform, or products or PPPL Services included or advertised in the Website/PPPL Platform.
    1. your access to and use of the Website/PPPL Platform
    2. your violation of any rights of another party; or
    3. your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.
  3. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. PRIVACY POLICY
    1. We take the privacy of your information seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices.
  2. TERMINATION OF ACCOUNT
    1. We may terminate your use of the PPPL Services and deny you access to the PPPL Services in our sole discretion for the violation of any provision of the Terms. You agree that any termination of your access to the PPPL Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Website. If you use the Website/PPPL Platform in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Website. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Website.
  1. ENTIRE AGREEMENT
    1. The Terms shall constitute the entire agreement between you and us concerning the Services. This Agreement shall not supersede all prior written or oral understandings, agreements and deeds relating to it.

 

  1. FORCE MAJEURE
    1. PPPL shall be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from weather conditions or other elements of nature or acts of God, acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion, quarantines or embargoes, labor strikes, error or disruption to major computer hardware or networks or software failures; or  other causes beyond the reasonable control of PPPL, as applicable.
  1. SEVERABILITY:

 

  1. If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

 

  1. ACCEPTANCE POLICY OF PRIVACY
    1. By using PPPL Websites/PPPL Platform and Services, you signify your acceptance of this Privacy Policy. If you do not agree or are not comfortable with any policy described in this Privacy Policy, your only remedy is to discontinue use of PPPL Website. We reserve the right, to modify this Privacy Policy at any time.

 

  1.  GOVERNING LAW AND JURISDICTION
    1. This Terms shall be governed and construed in accordance with the laws of India and the Parties irrevocably submit to the exclusive jurisdiction of the courts of Gurugram in respect of any matter, claim or dispute arising under, out of or in connection with this Terms (including as to its validity) or the legal relationships established by this Terms.