Terms and Conditions
Last updated: July 16th, 2021
By clicking on the “Register” button or Use of our Site and the services constitutes your acknowledgment and acceptance of these Terms and Conditions, which take effect on the date on which you first use our Site and any services offered by us on or beyond the Site., you unconditionally agree to subscribe to the Software as a Service services (“Services”) offered by Pinakey IT CONSULTANCY PVT. LTD. (“Pinakey”). The Pinakey reserves the right to change these Terms and Conditions at any time, and it is your responsibility to refer to and comply with these terms on accessing the Site and services.
- ACCEPTABLE USE. While availing of the Services, you shall not: (i) transmit content that violates the privacy, intellectual property or other proprietary rights of Pinakey or any other party; (ii) transmit viruses, trojan horses, worms, malicious code, or other harmful or destructive content; (iii) violate this Agreement, or any applicable law; (iv) attempt to probe, scan, test, re-engineer or violate the security features of the Services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon; (v) attempt to sell, resell, transfer, assign, license, sublicense, pledge, lease, rent, distribute, timeshare, or share or otherwise commercially exploit or make the Services available to or for the benefit of any third party, other than the bonafide End-Users of its offerings; (vi) attempt to interfere with or disrupt the integrity or provision of the Services or the data contained therein; (vii) exploit or present minors in a sexual way, or promote adult sexual services, representing a private person offering to trade or sell drugs, firearms, or other hazardous materials, including any indication of promotion of hate speech; (viii) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ix) use meta tags, hidden text or metadata with Pinakey’s trademark, logo, URL or product name without Pinakey’s prior written consent; (x) use Pinakey’s user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered source-identifying information; (xi) share the login credentials used for availing the Services with any third party; and/or (xii) attempt to interfere with the use of the Services, whether directly or indirectly, by any other manner not expressly mentioned above.
- COMPLIANCES. You hereby agree to comply with, and cause your users (each, an “End-User”) to comply with the terms hereof. In case of any breach of any applicable security, integrity or privacy requirements, you shall bring the same to the attention of Pinakey at email@example.com, so that appropriate remedial action, if any, can be undertaken. You also agree to indemnify, defend and hold harmless Pinakey against any misuse of the Services, either by you or by any of the End-Users, or in the event of any breach of any applicable security, integrity or privacy laws or regulations, either by you or by any of the End-Users. You shall be solely responsible for making backup copies of any and all content uploaded while availing of the Services and accordingly, Pinakey shall not be liable for any loss of or damage to such content.
- FEES. You agree to pay Pinakey the fees according to the specified plan and Services being availed by you. Such fees are exclusive of all applicable taxes in any jurisdiction, which shall be borne by you at actuals. However, taxes accruing on Pinakey’s income shall be borne by Pinakey. All payments shall be made in advance. Delay or failure to pay the agreed fees shall be a ground for suspending or terminating the Services, without any further notice.
- MODIFICATIONS TO SYSTEM & UPDATES. Pinakey may, in its sole discretion reengineer its network components and/or change the location of its hosting centers. Pinakey may also modify and/or replace technology and/or service architectures, without adversely impacting the Services. In addition thereto, Pinakey may, from time to time, provide enhancements or improvements to the features/functionality of Services, which may include patches, bug fixes, updates, upgrades and other modifications (collectively, “Updates”). Such Updates may modify or delete certain features and/or functionalities of the Services. To this end, you hereby agree that Pinakey has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of Services to you and/or the End-Users. You further agree that all Updates will be: (i) deemed to constitute an integral part of the Services, and (ii) subject to the terms of this Agreement.
- ACCOUNT ACCESS. To enable the provision of the Services, you and/or End-User shall register for and maintain an active account (“Account”). Each End-User must be at least 18 years of age. Pinakey shall, in no manner whatsoever, be liable for any violation of the foregoing. You and/or End-User shall be responsible for all activity that emanates from your Account and End-User’s Account, as the case may be.
- YOUR/END-USER REQUIREMENTS & CONDUCT. You hereby agree to not modify, create derivative works of, decompile or otherwise attempt to extract the underlying source code and object code pertaining to the Software. You shall ensure that you and your End-Users will not upload, share, or otherwise distribute any electronic data, text, messages or other materials, including personal data of such End User submitted in connection with your use and/or End-User’s use of the Service(s) (“Service Data”) in violation of Clause 2 above. Pinakey has the right at its sole discretion to remove any Service Data of any kind that, in its judgment, does not comply with the terms hereof and/or any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. Pinakey shall not be responsible for any failure or delay in removing such content.
- SUPPORT. By creating an Account, you agree that Pinakey may send you and/or the End-Users email communications necessary to give effect to the terms hereof. You and/or the End-User may opt-out of receiving such communication by writing to Pinakey at firstname.lastname@example.org. You acknowledge that opting out of such communication may impact your and the End-Users use of the Services. Pinakey shall provide such support and information as you and/or the End-User may require in the course of availing of the Services, defining specific use-cases. The support may be provided via phone and/or email, the contact details whereof shall be shared separately with you and each End-User.
- INTELLECTUAL PROPERTY RIGHTS. Pinakey and/or its licensors own worldwide intellectual property rights in the: (a) Software and user interfaces used for providing the Services; (b) Products; (c) SDK; and (b) all trademarks, service marks and logos of Pinakey (“Pinakey IP”). Except for the right to access the Services as expressly set forth herein and/or the Purpose, no right or license is granted hereunder with respect to the Pinakey IP. Further, you shall not, and shall not permit a third party to: (a) use, copy, adapt, modify or create derivative works of the Pinakey IP; (b) where applicable, reverse-engineer, disassemble, or decompile the Pinakey IP or otherwise attempt to determine its underlying source code; (b) sell, lease, sublicense, rent, lend or provide any portion of the Pinakey IP to any third party or allow the use of the Pinakey IP by, or for the benefit of any person other than your End-Users.
- OWNERSHIP OF CLIENT DATA. Pinakey may collect personal information about you and/or End-Users (“Client Data”) for the sole purpose of providing the Services. Subject to the provisions of this Clause, you or the End-User (as the case may be) retain ownership of and control over the Client Data Pinakey collects through the provision of the Services, and in no event whatsoever shall Pinakey share such Client Data, or use such Client Data for the benefit of, Pinakey’s other customers. The Client data can be seen and used within our application only and there will be no provision to export your end customer data outside the system for preventing any misuse. You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Pinakey a nonexclusive, royalty-free, worldwide license during the subsistence of this Agreement to use, transmit, distribute, modify, reproduce, display, and store the Client Data for the purposes of: (i) providing the Services as contemplated herein; and (ii) enforcing Pinakey’s rights hereunder.
- USE OF CLIENT DATA. Notwithstanding anything to the contrary herein, you hereby specifically agree that Pinakey may collect, analyze, and use Client Data and data derived thereof, including de-identified, aggregated or anonymized Client Data, for purposes of operating, analyzing, improving, or marketing the Services. If Pinakey shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Client Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific End-User. You hereby further agree that Pinakey will have the right, both during and after the subsistence of this Agreement, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
- SERVICE USAGE DATA. For the sole purpose of providing and improving the Services, Pinakey may collect and use data relating to the usage of the Services, including without limitation monitoring and analyzing usage and traffic patterns of its websites and Services. Such usage data: (a) is not Client Data; (b) does not include any personal information about you or the End-Users; and (c) is owned by Pinakey.
- WARRANTY DISCLAIMER. Pinakey hereby disclaims all express and implied warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or any warranty arising from the course of performance or course of dealing. Pinakey does not warrant that the services and/or usage of the products will be free of interruptions, errors, bugs, viruses or security problems or that they will meet your and/or the end-user’s requirements. you agree that the entire risk arising out of your and the end-user’s use of the services and/or products, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
- INDEMNITY. You hereby agree to defend, indemnify and hold Pinakey, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from: (A) violation by you and/or the End User of any applicable law and/or third party right, including without limitation to any right to privacy, publicity rights or intellectual property rights; and/or (B) wrongful or improper use of the Services and/or the Products by you and/or the End User. The indemnification obligation set forth above will survive the termination or expiration of this Agreement.
- Pinakey INDEMNITY. Pinakey hereby agrees to defend, indemnify and hold you, your directors, officers and/or employees harmless from and against any claims, disputes or demands, including reasonable attorneys’ fees, made by a third party, relating to, or arising from Pinakey’s violation of any third party’s intellectual property right (“Third Party IP Claim”). Notwithstanding the foregoing, Pinakey shall have no liability or obligation hereunder with respect to any Third Party IP Claim arising directly or indirectly from: (a) any modification or unauthorized use of the deliverables provided by Pinakey in connection with the Services (“Deliverables”); or (b) any breach of this Agreement by you and/or End-User(s). If the provision of the Services/Deliverables/Products become the subject matter of any Third Party IP Claim that does not fall within the aforesaid exclusions, Pinakey may, at its option: (i) obtain for you the right to continue using the affected portion of the Deliverables/Services/Products; or (ii) replace or modify the affected portion of the Deliverables/Services/Products. If either of the aforesaid options are not reasonably available, Pinakey may immediately terminate this Agreement by giving a prior written notice of 15 (fifteen) days to you. This paragraph states Pinakey’s sole and exclusive liability with respect to any infringement (whether actual or alleged) of intellectual property rights by the provision of Services and/or use of the Deliverables and/or Products.
- EXCLUSION & LIMITATION OF LIABILITY. In no event will Pinakey or its affiliates, licensors or subcontractors be liable, whether in contract, tort (including negligence), breach of a statutory duty or otherwise, for any: (i) pure economic loss; (ii) loss of actual or anticipated profits; (iii) loss of business; (iv) loss of anticipated savings; (v) loss of business opportunity; (vi) loss of reputation, depletion of brand value, loss of goodwill or like loss; (vii) loss, theft or corruption of data; or (viii) indirect, special and consequential losses arising out of or in connection with the services, even if advised of the possibility of such losses. Pinakey’s entire liability arising out of or in connection with the services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to and shall not exceed: (a) the fees actually paid to Pinakey for the services for a period of 3 (three) months prior to the date on which the claim arose; or (b) the price paid for the non-conforming products wherefrom a claim arose.
- TERM, RENEWAL & TERMINATION. The Services shall commence from the date of receipt of your payment to Pinakey (“Effective Date”) and will continue to be in effect for the term mentioned in the specified plan or Services availed by you (including any auto-renewed term thereof) unless otherwise terminated or cancelled by you or Pinakey. You or Pinakey may terminate this Agreement at any time by providing a prior written notice of 30 days to the other party. Pinakey may suspend or terminate the Services for non-payment of fees, or violation of the terms of this Agreement, or if your and/or an End-User’s use of the Services and/or Products poses a risk to or will be damaging or disrupting to the systems or data of Pinakey or other users/client. Upon termination for any reason, (i) Pinakey shall disable your and/or the End-User’s access to the Services and destroy any of your data that may be in the systems providing the Services; (ii) any amounts due and payable by you to Pinakey shall be payable forthwith; and (iii) Pinakey shall not be liable to refund any amounts paid by you as advance for the Services and/or Products.
- MISCELLANEOUS PROVISIONS
20.1 FORCE MAJEURE. Neither you nor Pinakey will be in default if your or its failure to perform any obligation hereunder (other than any payment obligation) is caused by supervening conditions beyond your or its reasonable control, including without limitation, acts of God, civil commotion, strikes, labour disputes, internet service disruptions or slowdowns, vandalism or “hacker” attacks, or governmental demands or requirements, and if such event continues for at least 10 calendar days, then either you or Pinakey may terminate this Agreement without incurring additional liability.
20.2 ASSIGNMENT. Neither you nor Pinakey shall assign or transfer any of the rights or responsibilities set forth herein without the prior written consent of the other party hereto, and any purported attempt to do so shall be deemed void.
20.4 SURVIVAL. Your or Pinakey’s obligations under this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
20.5 WAIVER. Your or Pinakey’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights.
20.6 ENTIRE AGREEMENT. This Agreement is the entire agreement between you and Pinakey as to the matters set forth herein and supersedes any such prior agreement or communication. Any subsequent waiver or modification of this Agreement, or any part of it, shall only be effective if reduced to writing and signed and dated by you and Pinakey.
20.7 SEVERABILITY. If any provisions of this Agreement become invalid, the validity of the remaining provisions shall not be affected.
20.8 GOVERNING LAW & JURISDICTION. The Agreement shall be governed by and construed in accordance with the substantive laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed by Pinakey. The venue of the arbitration shall be Delhi and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Delhi shall have exclusive jurisdiction.
Refund / Cancellation Policy
We have no cancellation and no refund policy. Should you choose to deactivate the account the payment will be forfeited if paid for the period in advance.
Last Updated on 16th July 2021.
Maintaining the trust and confidence of our clients is a high priority. That is why we want you to understand how we protect your privacy when we collect and use information about you, and the steps that we take to safeguard that information.
This Privacy Statement articulates the privacy and data protection principles. This Privacy Statement explains the use and protection of personal information collected by Pinakey. It applies to any personal information you provide to Pinakey and, subject to local law, any personal information we collect from other sources.
Throughout this Privacy Statement, “Pinakey” refers to (i) for users and clients based in India, (ii) for clients and users based outside India (also referred to as “we”, “us”, or “our”).
This policy describes:
- The types of information that Pinakey may collect from you when you access or use its websites, applications, and other online services (collectively, referred to as “Services”); and
- It’s practices for collecting, using, maintaining, protecting and disclosing that information.
- This policy applies only to the information Pinakey collects through its Services, via its SaaS Platform, newsletter subscriptions, telephonic calls, or in email, text, and other electronic communications sent through or received in connection with its Services.
- Pinakey may provide links to third-party websites for your convenience and information. If you access those links while using Pinakey Services, you will leave the Pinakey website or app as the case may be. Pinakey does not control those sites or their privacy practices, which may differ from Pinakey‘s practices. We do not endorse or make any representations about third-party websites. The personal information you choose to provide to or that is collected by these third parties, including any social media websites featured on our website, is not covered by the Pinakey’s Privacy Statement. We encourage you to review the privacy statement or policy of any website before submitting your personal information.
- We may also provide social media features on our website that enable you to share Pinakey information with your social networks and to interact with Pinakey on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand how the information provided by you could be used or shared by those sites.
Types of information we obtain
In a limited number of cases, we may collect personal information that you voluntarily provide to us through our website, SaaS Application, or by whatsoever means, such as your name, mobile number and email; and related data, etc. To avail the Services offered by or on the Website and any other applicable interface, Users may sign up to register for an account. This initial registration would involve creating a username which is a valid email and password (collectively, “Login Credentials”). You may share Client Content with us, to use the SaaS platform, to place an order, and to use all the functionality provided in the Website/application, and under the KYC norms and regulatory requirements as applicable. “Client Content” means all data and materials provided by Client to Pinakey for use in connection with the SaaS Services, including, without limitation, any Client applications, information, data, files, database, diagrams, pictures, charts, analyses, menus, text, numbers, corporate information, financial information, personally identifiable information of Administrative / Users or any other information or data, owned or controlled by the Client.
- From time to time we reserve the right to obtain information about legal entities that visit our Website, through their representatives.
- We may obtain information about the website of a legal entity, the name of the legal entity, the contact information of the legal entity, the country of incorporation.
- We may also access Client Content and data related to users for compliance and operational purposes. This data includes but not limited to content such as:
- Your account information: Your full name, email address, postal code, password, and other information you may provide with your account, such as your gender, mobile phone number, and website. Your profile picture will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
- Your preferences: Your preferences and settings such as time zone and language.
- Your content: Information you provide through our Services, including your reviews, photographs, comments, lists, followers, the users you follow, current and prior restaurant reservation details, food ordering details and history, favorite restaurants, special restaurant requests, contact information of people you add to or notify of, your restaurant reservations through our Services, names, and other information you provide on our Services, and other information in your account profile.
- Your searches and other activities: The search terms you have looked up and results you selected.
- Your browsing information: How long you used our Services and which features you used; the ads you clicked on.
- Your communications: Communications between you and other users or merchants through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products).
- Your transactional information: If you make reservations or purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors. When you submit credit or payment card information, we encrypt the information using industry-standard technologies, as further described below under “Payment Card Information.” If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses.
- Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, “posted”) on publicly accessible areas of our Services, or transmitted to other users of our Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, you may set certain privacy settings for such information by logging into your account profile.
- Please be aware that no security measures are perfect or impenetrable (see section below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.
- We may use our web browser extension to obtain the information described in this Policy. Our web browser extension can only access specific information that you have explicitly granted permission to access. We cannot and do not track your browsing history.
- We may obtain information such as Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance, and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.
- Your preferences: Your preferences and settings such as time zone and language.
- You can control and/or delete cookies if you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being stored therein. If you do this, however, some services and functionalities of our Website may not work.