TERMS OF SERVICE

OVERVIEW

This website/mobile application is operated by THINKAPART TECH LLP. Throughout the site, the terms “we”, “us” and “our” refer to THINKAPART TECH LLP. THINKAPART TECH LLP offers this website/mobile application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website/mobile application. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website/mobile application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website/mobile application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website/mobile application following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE SERVICES

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website/mobile application through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. All images shown on the website/application are strictly for representational purposes. Actual food may differ depending on the restaurant serving it.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website/mobile application. These products or services may have limited quantities and are subject to cancellation only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per corporate or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made from partner restaurants. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services/offers. Any use by you of optional services features offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which services are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website/mobile application (including, the release of new services and discounts). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the website/mobile application is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website/mobile application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website/mobile application, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website/mobile application for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall THINKAPART TECH LLP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless THINKAPART TECH LLP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website/mobile application. It is your responsibility to check our website/mobile application periodically for changes. Your continued use of or access to our website/mobile application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@crispyapp.com

SECTION 21 - LIABILITY

We do not own or employ the agent(s) providing delivery services. These agent(s) may be independent contractors or third party services. CRISPY does not guarantee the suitability, behavior, safety or ability of such contractors or third party service providers. CRISPY accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Please note that there could be risks in dealing with persons or people acting under false pretense. CRISPY does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Food Service Providers. You are advised to independently verify the bona fides of any particular Food Service Provider that you choose to deal with on the Platform and use your best judgment in that behalf. Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Food service provider for the purpose of accepting payments from you for your online food order

SECTION 22 - VIRTUAL CAFETERIA & CRISPY PASS

Definitions:

1. App shall refer to the Crispy app developed and operated by Crispy(THINKAPART TECH LLP)
2. Crispy Pass and Virtual Cafeteria shall mean the facility offered by Crispy whereby the Users may avail special meal services as follows:
Virtual Cafeteria - A service given to users to order meals from vendors listed on Crispy as shown on the mobile application/website through the mentioned time slots.
Crispy Pass - A simple meal subscription, where users can buy 30 meals and redeem them within 45 days from 2 categories. Everyday, users can choose their meal to be delivered from a different vendor(Restaurant/Home kitchen). The meals can be delivered only to the user’s office location from Monday to Saturday by 1:30pm for lunch. Additionally, on any given day, the user can either cancel the meal, or order one or more for that day.
3. All the mentioned pricing for various packages and discounts given to our partner corporates can vary or be changed at any time by Crispy.
4. Crispy cost is the cost of the subscription including delivery. No additional charges would be applied to the meals once the Crispy Pass subscription is bought.
5. Maximum validity will be the number of days that the Crispy Pass pricing will be applicable as per the conditions of the Crispy Pass on the Application/Website
6. Maximum meals will be the number of meals the Crispy Pass package states as per the conditions of the on the App/Website

Terms & Conditions - Crispy Pass

1. Purchase and Activation:
a. Crispy Pass in the electronic/virtual form may be bought on the Crispy App or on the Crispy website for the mentioned cost to avail the meals under subscription(30 meals in 45 days).
b. By default, users are put on auto-renewal of the subscription plan that is currently active for them. But before auto-renewing, the customer will be notified via app/website.

2. Validity:
a. Crispy Pass is valid for maximum permissible time period or maximum permissible number of meals as specified on the App/website.
b. While buying the Crispy Pass, based on the category and type, the meals will be available accordingly as shown on the app/website.

3. Cancellation:
a. Crispy Pass once purchased cannot be cancelled. It will remain for its validity.
b. Crispy Pass is non-refundable.
c. Meals can be cancelled on a particular day, and redeemed again within the validity of the pass. Please refer the FAQ for specific details.
d. Crispy may amend these terms and conditions, at any time without prior notice to the User. Any changes will be effective upon posting of the amendments/modifications on the Site, and such amended terms and conditions will thereupon apply to and be binding on the User. By continuing to access or use the Site or any features attached to it, the User will be deemed to have agreed to accept and be bound by such amended terms and conditions. If the User does not agree to the amended terms and conditions, he/she must discontinue accessing the Site, Crispy Pass, Virtual Cafeteria and/or its features immediately.

4. Delivery:
a. Delivery timings for Lunch is between 12-1pm.
b. Delivery timings for Dinner is between 8-9 pm.
You or your associate should be present to accept the delivery. The delivery boy will not wait for more than 10 minutes to handover the meal. If there is no response at your end to accept the parcel, then the final decision will be taken by us. Please provide prior instructions if you are unavailable to accept delivery (Eg - Drop it with watchman, Hang on the door, etc).

5. Wallet:
-This is a reloadable product and can be used for only purchasing meals on CRISPY platform, in a manner prescribed under these terms and conditions and as communicated by CRISPY from time to time. -The balance in the wallet is non transferable and non refundable. Balance in the wallet can only be used to order meals on CRISPY platform. -Any refunds (except payment failure) will be processed to CRISPY wallet only. The balance in the wallet is to be used only to purchase meals on CRISPY platform. -Any Wallet balance lying unused in the Your Wallet for more than one (1) year will be blocked and forfeited. No claims on the wallet will be entertained after one year. -At any given time you will no be able to load more than Rs.10,000 monthly and Rs. 1,00,000 in a given financial year.

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