TERMS & CONDITIONS
Welcome to onfoodie.com (the “Site”, “we”, “us” or “the Company”). By visiting at the Site, you (“you” or “your”) agree that you have read and agree to be bound by all the terms set forth in this Terms and Conditions (the “Agreement”), whether you are a registered member of the Site or not. Each registered member of the site is a “User;” each person accessing the Site who is not a User is a “Visitor.”
The Company reserves the right, at any time, without prior notice, to modify, alter or update the Agreement. Such modifications, alterations, or updates shall become effective immediately upon being posted on the Site. After modifications, alterations or updates are posted, your continued usage of the Site therein will constitute your acknowledgement and acceptance of the modifications, alterations, or updates. It is your responsibility to regularly review the Agreement.
The Agreement governs our relationship with Users and others who interact with the Site. By using or accessing the Site, you agree to the Agreement, as updated from time to time.
Because the Site provides a wide range of services, we may ask you from time to time to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this Agreement, the supplemental terms associated with the specific app, product, or service govern with respect to your use of such app, product, or service to the extent of the conflict.
By using the Site, you are agreeing to these Terms and Conditions.
To help make the Site a safe and welcoming environment for all Users and Visitors, you agree that:
- a. You will not use the Site to bully, intimidate, or harass any User.
- b. You will not post or transmit any content that is hate speech, or that is threatening or incites violence, or that contains gratuitous or graphic violence, or that is pornographic or contains nudity.
- c. You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
- d. You will not collect other Users’ content or information, or otherwise access the Site, using automated means.
- e. You will not solicit login information or access an account belonging to someone else.
- f. You will not violate this Agreement yourself or facilitate or encourage any violations of this Agreement by others.
Although we provide these rules for User conduct, we do not control or direct Users’ actions on the Site and are not responsible for any information Users post, transmit, or share on the Site. Therefore, we are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable material you may encounter on the Site. We are also not responsible for the conduct of any User or Visitor, whether on the Site, elsewhere in the cyber world, or in the real world.
Except for scheduled maintenance, we try to keep the Site up and running at all times. However, we cannot do it alone. We need the commitment of Users to help. Accordingly, to assist us in maintaining the stability and reliability of the Site, you agree that:
- a. You will not upload viruses or other malicious code to the Site or any page on the Site; and
- b. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other functionality of the Site.
Registration and Account Security
The Site is intended for people to express and share their love of food with others. Accordingly, Users need to be able to trust one another. Therefore, you agree and affirm that:
- a. You are at least thirteen (13) years of age. By registering and using the Site, you are certifying to us that you are at least thirteen (13) years of age.
- b. You will not provide any false personal information when you register for the Site or on the Site. This means that you are using your real name and other identifying information about yourself.
- c. You will not create more than one personal account for yourself.
- d. You will not create an account for anyone other than yourself without the express permission of the other person.
- e. You will not use the Site if you are a convicted sex offender.
- f. You will keep your contact information accurate and up-to-date.
- g. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- h. You will not transfer your account, or any of your rights or obligations under this Agreement, to anyone.
- i. If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a User’s actual name).
All of the content generated by a User (“Content”) that the User posts on the Site belongs to the User. As a User,
- a. You may control how your Content is shared through your privacy settings.
- b. When you publish Content or other information using a public setting, you are allowing everyone, including people who are not Users (not registered on the Site), to access and use that Content and information, and to associate it with you (i.e., your name and profile picture). You agree to this access and use.
- c. You understand that when you delete your Content, Content may nevertheless persist in backup copies for a reasonable period of time.
- d. With respect to Content that is covered by intellectual property rights (e.g., photos, video, hereinafter “IP Content”), you grant the Site a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on, or in connection with, the Site. This license (the “IP License”) continues indefinitely until you delete the IP Content or your Site account. However, if prior to deletion of the IP Content or your Site account, the IP Content was shared with another User, then the IP License will continue indefinitely, notwithstanding that you personally deleted the IP Content or you deleted your account.
- e. You agree that we can delete some or all of your Content if it violates this Agreement or our policies (or the rights of others, see Section 7, below).
- f. You agree that we can use your content for our promotional purposes directly or indirectly.
Other People’s Content
Just as you would like other Users to respect the Content that you post, you agree that:
- a. You will not post Content or take any action on the Site that infringes or violates someone else’s rights.
- b. We can remove any Content or information you post on the Site if we believe that it violates the rights of others (including the rights of people who are not Users).
- c. If we remove your Content because we believe that it infringes someone else’s intellectual property rights, and you believe we removed it by mistake, you may appeal the removal.
- d. If you repeatedly infringe other people’s intellectual property rights, we reserve and retain the absolute right to disable your account, either temporarily or permanently.
- e. You will not use our copyrights or trademarks or any confusingly similar marks.
- g. You will not post anyone’s identification documents or sensitive financial information on the Site, including your own.
- h. You will not tag Users or send email invitations to non-users without their consent.
Advertisements and Commercial Content
The Site is intended for people to express and share their love of food with others. Accordingly, our goal is to deliver advertising and other commercial or sponsored content that is valuable to our Users. However, you understand that we may not always identify paid services and communications as such. You also agree that:
- a. You will not use your personal page for your own commercial gain or engage in any marketing on the Site; and
- b. You will not post unauthorized commercial communications (including spam) on the Site.
If you access the Site over a mobile device, or if you access the Site’s mobile application, your mobile carrier’s normal fees will apply. The Site does not charge for mobile access. If you change or deactivate your mobile telephone number, you agree that you will promptly update your account information to ensure that your account is not accessed by any unauthorized persons. You hereby agree to provide all<rights and information> necessary to enable other Users to sync their devices with any information that is visible to them on the Site.
If you violate this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Site to you
We will notify you the next time you attempt to access your account.
You may delete your account at any time.
If your account is deleted or permanently deactivated, this Agreement nevertheless will remain in full force and effect as concerns your relationship with us and the Site.
Limitation of Liability
WE TRY TO KEEP THE SITE UP (OPERATIONAL), BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SITE WILL NOT EXCEED THE GREATER OF 6000 THOUSAND INDIAN RUPEE (INR 6000) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SITE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold the Company and each of its managers, members, officers, agents, and employees (the “Company Parties”), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of, or in connection with, (a) your use of the Site; (b) your use of any material posted on, or available through, the Site; or (c) your violation of this Agreement. You also agree to indemnify and hold harmless the Company Parties as a result of any Content posted or made available by you, any violation of law that occurs by you through your use of the Site, and/or anything you do using the Site and/or the information contained therein. This means that if anyone brings a claim against us related to your actions, Content, or information on the Site, you will be responsible for all damages, losses, and expenses of any kind (including reasonable legal fees and costs) incurred by us related to such claim.
- This Agreement makes up the entire agreement between you and us regarding the Site, and supersedes any prior agreements.
- You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Agreement or the Site exclusively in the Indian District Court for the State of New Delhi, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New Delhi will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If any part of this Agreement is found to be unenforceable, the balance of the Agreement will remain in full force and effect.
- If we fail to enforce any part of this Agreement, it will not be considered a waiver of our right to enforce all of the Agreement at any time in the future.
- Any amendment to, or waiver of, this Agreement must be made in writing and signed by us.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with all applicable, laws, rules, and regulations.
- This Agreement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Site.