Terms & Conditions

Terms of Use

 

Last Updated on 20th Dec 2021.

  1. Acceptance of Terms

This website (www.qwermenu.com) (the use of “Site”  or “Website” hereinafter, implies www.qwermenu.com including any of qwermenu’s service as offered through its SaaS platform at https://app.qwermenu.com or any other application by whatever name called) is the sole property of Isha Fathima  (the use of “qwermenu” hereinafter, implies (i) for users and clients based in India,  Ecogo Trading LLP; (ii) for clients and users based outside India,  Zigmaplus Technology PTE Ltd and all companies wholly or partially owned by it). When you access this site or any of qwermenu’s service as offered through its SaaS platform, you acknowledge that you have read and agree to abide by the terms described below as well as qwermenu’s Privacy Policy at  https://www.qwermenu.com/privacy-policy/. If you do not agree to the terms discussed here, you should exit this site now.

In these Terms and Conditions and our privacy policy “we,” “us” and “our” means qwermenu, its affiliate sites, and products and “you” means an individual or an authorized person of a legal entity who is using the Site.

  1. User obligation:

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.

The qwermenu 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.

Your continued use of this Site and services after changes are posted constitutes your acceptance of these terms and conditions as modified and the existing terms and conditions at the time of your use will govern your interaction with the Site or availed services.

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of the Site and therefore should cease using the Site and services immediately.

If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this Site relating to specific material, then the latter shall prevail.

  1. Copyright and Other Intellectual Property:

The names, trade names, images, and logos identifying the Site, its related applications such as its SaaS Platform, services, associated organizations, companies, or third parties and their products and services are proprietary marks of qwermenu, its associated organizations and/or third parties.

Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of the qwermenu, its associated organizations, companies or any other third party.

All copyright trademarks and other intellectual property rights on the Site and all material or content supplied as part of our Applications & Services shall remain at all times the property of qwermenu or its licensors.

By accessing the Site, you agree that you do so only for your own personal, non-commercial, or commercial use. You may not agree to, permit or assist in any way, any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify the material or content in any way without qwermenu’s prior written permission.

  1. Third-Party Copyrights 

qwermenu is committed to respecting others’ intellectual property rights, and we ask our users to do the same. The qwermenu may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to the qwermenu:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Website;
  • Your address, telephone number, and email address so that we may contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send this information to –  

For India – Ecogo Trading LLP, - India

For  Rest of the world - Zigmaplus Technology PTE Ltd, Singapore

  1. Anti-Piracy

You agree not to pirate, copy, or duplicate any educational or non-educational content from this Website by any means in any possible manner. You agree that all the content on the Website & its associated websites are copyrighted and protected by the law.

  1. Your use of this Website 

The use of this Site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of any unlawful, threatening, obscene, libelous, or otherwise offensive material or interruption of the normal flow of dialogue within this Site. Any violation of these terms may lead to any appropriate legal action taken against you by the qwermenu. 

  1. Third-Party Sites/Advertisements / Links:

Certain links in this Site connect to other websites maintained by third parties over whom qwermenu has no control. qwermenu makes no representations as to the accuracy or any other aspect of information contained in other websites. qwermenu is not responsible for the availability or content of any third-party websites or material you access through this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

The qwermenu does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third-party websites or material (including payment for and delivery of such products or services).

The qwermenu is not responsible for any damage, loss or offense caused by or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

Links to this Site must be directed to any complete content page (and not any part of a page) within qwermenu and must not be viewed within the pages of any other application.

qwermenu disclaims all liability for any legal or other consequences (including for infringement of third-party rights) of links made to this application. Links on the Site does not imply that the Site endorses, is affiliated or associated with any linked application, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked application is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.

  1. Disclaimer

The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules, and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in this Site. qwermenu does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on  our site are believed to be owned by or licensed to qwermenu. Please email a takedown request  as per  Part D above . All images shown here have been digitized by qwermenu. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of qwermenu.

Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurant's listing page on the Platform is for informational purposes only. Such Certification is displayed by qwermenu on an 'as available' basis that is provided to qwermenu by the Restaurant partner(s). qwermenu 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 user upon the Certification or information thereto shall be strictly at such user's own risk and qwermenu 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 Restaurant partner. While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, qwermenu is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information on our Website, applications & services (including, without limitation, the information provided through the use of any software), and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. The qwermenu does not represent the full functionality, accuracy, or reliability of any material or information on its Site. In no event will qwermenu, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. The qwermenu reserves the right, in its sole discretion, to correct any errors or omissions in any part of its Website, applications & services and to make changes to its Website, applications, services and to the materials, products, programs, services or prices described on its Website, applications and services at any time without notice.The qwermenu does not warrant that the functions available on the Website, applications, and services will be uninterrupted or error-free or that defects will be corrected or that the Website or the server that makes it available are free of viruses or bugs. The qwermenu reserves the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of our Website, applications & services, at any time without notice or liability.

  1. Limitation of Liability

In no event will the qwermenu and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use of qwermenu, its sites, applications, and services.  In no event shall the qwermenu, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory concerning the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one thousand rupees (INR 1000.00) or 50 SGD.

  1. Software:

From time to time, certain applications and software, which is the protected work of the qwermenu or its suppliers, may be made available for access or download. You may be granted a license to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the applications or software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise deal with the software.

  1. Indemnity:

You agree to indemnify and keep indemnified qwermenu and its associated services from and against all claims, damages, expenses, costs, and liabilities arising in any manner from your entry to and use of our Website, applications & services other than in accordance with these terms and conditions and any other policy or terms and conditions expressly communicated to you.

  1. Severability 

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable because of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

  1. Compliance with Laws

qwermenu makes no representation that materials on the Website or application are appropriate or available for use at all locations and access to them from regions where their contents are illegal is prohibited. By accessing the Website, application, or services, you agree to take responsibility for compliance with all local laws applicable in your jurisdiction.

  1. Your Submission

Any material, information, or idea submitted or posted on this Site  ((including content shared by any business user having access to a 'restaurant business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future) will be considered non-confidential and non-proprietary unless expressly agreed between you and qwermenu. qwermenu may share or otherwise use your submission for any purpose whatsoever. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against qwermenu or its Users, any third party services and their users. If any of the information submitted constitutes personal data, you agree that qwermenu may transmit such personal data across international boundaries for any qwermenu business purpose. Personal data will be treated as outlined in our Privacy Policy at https://www.qwermenu.com/privacy-policy/.

  1. Law and jurisdiction

These Terms and Conditions shall be governed by and construed under the laws  as under : 

Any disputes shall be subject to the exclusive jurisdiction of the courts of Kerala, India. In case of a dispute, the parties shall opt for arbitration in English Language at Kerala, India by a sole arbitrator to be appointed by qwermenu

 

Any cause of action you may have concerning your use of the Website or application must be commenced within one (1) year after the claim or cause of action arises.

  1. Other terms and conditions 
  1. qwermenu is constantly evolving to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the services which qwermenu provides, may require effecting certain changes in it, therefore, qwermenu reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products, and services contained on the site without any prior notice.
  2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
  3. You acknowledge and agree that if qwermenu disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
  4. You acknowledge and agree that while qwermenu may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, qwermenu may set such fixed upper limits at any time, at qwermenu's discretion.
  5. qwermenu may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with qwermenu. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

Refund / Cancellation Policy - As trial period is given to all clients before they upgrade, 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.