Terms and Conditions
Last updated on April 10, 2022
I. Acceptance of terms
Thank you for using HungerBay. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the HungerBay website at www.hungerbay.com (the "Site") and any related mobile or software applications ("HungerBay Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future HungerBay customers, including but without limitation to users having access to 'restaurant business page' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the HungerBay Platform, you are agreeing to these Terms and concluding a legally binding contract with Bytster Technologies Private Limited and/or its affiliates (hereinafter collectively referred to as "HungerBay"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the HungerBay Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by HungerBay in the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that HungerBay will treat your use of the Services as acceptance of the Terms from that point onwards.
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'restaurant business page' to manage claimed business listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer 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, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "HungerBay Content" means content that HungerBay creates and make available in connection with the Services 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 Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than HungerBay or its Customers and is available on the Services.
"Restaurant" means the restaurants listed on HungerBay Platform.
III. Eligibility to use the services
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services 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(ies).
IV. Changes to the terms
HungerBay 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 HungerBay 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.
V. Translation of the terms
HungerBay 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 HungerBay. 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.
VI. Provision of the services being offered by HungerBay
HungerBay is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which HungerBay provides, may require affecting certain changes in it, therefore, HungerBay 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.
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 in order 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.
You acknowledge and agree that if HungerBay 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.
You acknowledge and agree that while HungerBay may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, HungerBay may set such fixed upper limits at any time, at HungerBay's discretion.
In our effort to continuously improve the HungerBay Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the HungerBay Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
By using HungerBay's Services you agree to the following disclaimers:
The Content on these Services is for informational purposes only. HungerBay disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. HungerBay reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. HungerBay does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to HungerBay. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by HungerBay. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of HungerBay.
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 HungerBay Platform is for informational purposes only. Such Certification is displayed by HungerBay on an 'as available' basis that is provided to HungerBay by the Restaurant partner(s)/Merchant(s). HungerBay 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 Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and HungerBay 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/Merchant.
HungerBay reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the HungerBay Platform anytime in future.
HungerBay may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the HungerBay Platform terms. Further, HungerBay reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if HungerBay determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or HungerBay Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, HungerBay reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
VII. Use of services by you or Customer
1. HungerBay Customer Account Including 'Claim Your Business Listing' Access
b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
c. In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause HungerBay or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your HungerBay account for any purpose and that you will be liable for such unauthorized access.
e. By creating an account, you agree to receive certain communications in connection with HungerBay Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
2. Others Terms
a. In order to connect you to certain restaurants, we provide value added telephony services through our phone lines, which are displayed on the specific restaurant listing page on the HungerBay Platform, which connect directly to restaurants' phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the restaurant (for internal billing tracking purposes and customer service improvement at the restaurant's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by HungerBay. You explicitly agree and permit HungerBay to record all this information when you avail the telephony services through the HungerBay provided phone lines on the HungerBay Platform.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to use the data owned by HungerBay (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with HungerBay in writing.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by HungerBay, unless you have been specifically allowed to do so, by way of a separate agreement with HungerBay. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
1. Ownership of HungerBay Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and HungerBay Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by HungerBay and that you shall not disclose such information without HungerBay's prior written consent.
b. You agree to protect HungerBay's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that HungerBay (or HungerBay's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by HungerBay and that you shall not disclose such information without HungerBay's prior written consent. Unless you have agreed otherwise in writing with HungerBay, nothing in the Terms gives you a right to use any of HungerBay's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of HungerBay; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the HungerBay's Content in whole or in part except as expressly authorized by HungerBay.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Your License to HungerBay Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services 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 HungerBay 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, HungerBay Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
3. HungerBay License to Your or Customer Content
In consideration of availing the Services on the HungerBay Platform and by submitting Your Content, you hereby irrevocably grant HungerBay a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (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. 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 HungerBay or its Customers, any third party services and their users.
4. Representations Regarding Your or Customer Content
a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not HungerBay.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of Customer Content, from such Restaurant's listing page at its sole discretion.
6. Third Party Content and Links
b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that HungerBay is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
d. Third party content, including content posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
e. You further acknowledge and agree that HungerBay is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Customer Reviews
a. Customer reviews or ratings for Restaurants do not reflect the opinion of HungerBay. HungerBay receives multiple reviews or ratings for Restaurants by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on HungerBay is the personal opinion of the Customer/reviewer only. HungerBay is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or restaurant owners/representatives with access to restaurant business page. The advertisements published on the HungerBay Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular Customer's review violates any of the HungerBay' policies, the restaurant may write to us at email@example.com and bring such violation to our attention. HungerBay may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
X. Restrictions on use
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
a. Violate our Guidelines and Policies;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d. Contains material that violates the standards of good taste or the standards of the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
p. Accesses or uses the account of another customer without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
s. "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
x. Collects, accesses, or stores personal information about other Customers of the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
ac. Attempts to do any of the foregoing.
ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
You acknowledge that HungerBay has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
You hereby agree and assure HungerBay that the HungerBay Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of HungerBay in any form or manner whatsoever.
You hereby agree and assure that while communicating on the HungerBay Platform including but not limited to giving cooking instructions to the Restaurants, communicating with our support agents on chat support or with the Delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, HungerBay reserves the right to suspend the chat support service and/or block your access and usage of the HungerBay Platform, at any time with or without any notice.
XI. Customer feedback
If you share or send any ideas, suggestions, changes or documents regarding HungerBay's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) HungerBay is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) HungerBay may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against HungerBay and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on HungerBay's existing products or marketing strategies; do not include any ideas that HungerBay's policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, HungerBay or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to HungerBay or any of its employees.
The purpose of this policy is to avoid potential misunderstandings or disputes when HungerBay's products or marketing strategies might seem similar to ideas submitted to HungerBay. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of HungerBay, without any compensation to you; (2) HungerBay may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for HungerBay to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by HungerBay on the Services are subject to change without specific notice to you. In consideration for HungerBay granting you access to and use of the Services, you agree that HungerBay may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to HungerBay by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the HungerBay Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than HungerBay found on or through the HungerBay Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. HungerBay will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the HungerBay Platform and mobile application.
For any information related to a charitable campaign ("Charitable Campaign") sent to Customers and/or displayed on the HungerBay Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, HungerBay is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. HungerBay does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.
XIII. Additional Terms and Conditions for Customers using the various services offered by HungerBay:
1. ONLINE ORDERING:
a. HungerBay provides online ordering services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for online ordering by the Customers on the HungerBay Platform.
b. The Customers can access the menu items or Products listed on the HungerBay Platform and place online orders against the Restaurant Partner(s)/Store(s) through HungerBay.
c. Your request to order food and beverages or Products from a Restaurant Partner or a Store page on the HungerBay Platform shall constitute an unconditional and irrevocable authorization issued in favour of HungerBay to place online orders for food and beverages or Products against the Restaurant Partner(s)/Store(s) on your behalf.
d. Delivery of an order placed by you through the HungerBay Platform may either be undertaken directly by the Restaurant Partner or the Store against whom you have placed an order, or facilitated by HungerBay through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, HungerBay is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Store, as the case may be.
e. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which HungerBay is not a party under any applicable law. It is clarified that HungerBay does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the HungerBay Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Store, as the case may be.
f. Where HungerBay is facilitating delivery of an order placed by you, HungerBay shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
g. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Store, as the Delivery Partner or the Restaurant Partner or the Store may determine (“Delivery Charges"). You agree that HungerBay is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, time of the day. HungerBay will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
h. In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Restaurant Partner or the Store, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that HungerBay is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Surge for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, demand during peak hours. HungerBay will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
i. In respect of the order placed by You, HungerBay shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
A. Online Ordering with Restaurant Partners:
a. All prices listed on the HungerBay Platform are provided by the Restaurant Partner at the time of publication on the HungerBay Platform and have been placed as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner may change at the time of delivery. In the event of a conflict between price on the HungerBay Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of HungerBay.
b. On Time or Free: For Customers in India, You may opt for on-time services offered by HungerBay, for an additional non-refundable cost, at select Restaurant Partners. However You acknowledge that such services are facilitated by HungerBay on a best effort basis, hence should your order fail to reach you on or prior to the Promise Time, you would be eligible to claim and receive a Coupon worth order value or up-to INR 250, whichever is lower. You will be required to claim the Coupon within twenty four (24) hours from the time such Order is delivered to You failing which your eligibility to receive the Coupon will expire. Further the validity period of the Coupon would be 7 (seven) days from receipt thereof. Notwithstanding anything set out herein above, You shall not be eligible to receive the Coupon if:
i. Delay on the Promise Time is for unforeseen reasons eg. strikes, natural disaster, Restaurant Partner’s inability to provide the Order.
ii. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.
iii. You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
iv. The order is a bulk order (as per HungerBay’s standard order size)
For the purpose of this clause, words capitalized shall have the following meaning: “Promise Time" shall mean the time period between the Restaurant Partner accepting the order and the Delivery Partner reaching within 100 metre radius from Your location or first barrier point (security guard/reception etc.) whichever is further. “Coupon" shall mean one- time code generated by HungerBay for delay in Promise Time to be used as per applicable conditions.
c. HungerBay Pro For Online Ordering: HungerBay Pro members in India can avail Discounts (as defined below) extended by Partner Restaurants (as defined below) on home delivery. Please refer to the terms and conditions set out below in clause 3.
d. HungerBay Gift
i. You may place an online order with a Restaurant Partner to be delivered to someone else, your loved ones (may or may not be a HungerBay customer) (“Gift Recipient”) as a gift (“Gift Order”). ii. To place a Gift Order, You will be required to provide the Gift Recipient’s contact details, such as name, phone number, address or any other information that may be reasonably required (“Contact Information”) to enable the Restaurant Partner, Delivery Partner deliver the Gift Order.
iii. By availing HungerBay Gift feature, You warrant and represent that You have obtained the Gift Recipient’s consent to provide HungerBay with the Contact Information. You hereby further warrant and represent to indemnify and hold HungerBay, its directors, employees, affiliates and subsidiaries and their respective directors, employees, harmless against any claims or disputes initiated by the Gift Recipient whose Contact Information was provided by You for the purpose of placing the Gift Order.
iv. By placing a Gift Order, You hereby irrevocably undertake to be responsible for any refusal made by the Gift Recipient or for any prejudice suffered by the latter or HungerBay.
v. In case the Gift Recipient is, non contactable, the Restaurant Partner, Delivery Partner or we may contact You for further assistance.
vi. You may send a message with the Gift order which we will endeavour to deliver, however sometimes, the message can’t be sent.
vii. You will not be charged any additional payment for Gift Order. All charges will be in a similar manner as for a regular placed online order.
viii. In the event, the Gift Recipient wishes to raise any issue with regard to the Gift Order, they can do so by requesting you to do it or via the chat support on the HungerBay Platform or write to us at firstname.lastname@example.org
ix. Any refund on the Gift order shall be provided to the sender and the Gift Recipient shall not receive any benefit.
xi. All other terms and conditions for online ordering provided herein under clause XIII shall apply as is.
B. General Terms and Conditions
a. HungerBay is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to HungerBay, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Store(s).
b. HungerBay shall not be liable for any acts or omissions on part of the Restaurant Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
c. The Restaurant Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of HungerBay.
d. For the Customers in India, it is hereby clarified by HungerBay that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
e. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. HungerBay shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
f. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to HungerBay's terms and privacy policies.
g. You or any person instructed by you shall not resell food and beverages or Products purchased via the HungerBay Platform.
h. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the HungerBay Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the HungerBay Platform.
i. Any amount that may be charged to you by HungerBay over and above the order value, shall be inclusive of applicable taxes.
j. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
k. Personal Promo code can only be used by You subject to such terms and conditions set forth by HungerBay from time to time.
l. Cancellation and refund policy:
i. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to HungerBay, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of HungerBay to place that order against the Restaurant Partners/Store(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize HungerBay to deduct or collect the amount payable as liquidated damages through such means as HungerBay may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
ii. There may be cases where HungerBay is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to HungerBay, Restaurant Partner/Store or Delivery Partner. In such cases, HungerBay shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
iii. No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission.
iv. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
v. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.
vi. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
2. BOOK SERVICE/TABLE RESERVATIONS:
a. The Customer can make a request for booking a table at a restaurant, offering table reservation via the HungerBay Platform and related mobile or software application and such booking will be confirmed to a Customer by email, short message service ("SMS") and/or by any other means of communication only after the restaurant accepts and confirms the booking. The availability of a booking is determined at the time a Customer requests for a table reservation. While using the HungerBay Book Service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to HungerBay's terms and privacy policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a table through the HungerBay Book Service. Customer further agrees not to make more than one reservation for Customer's personal use for the same mealtime.
b. Fees: HungerBay may charge booking fee ("Booking Fee") from the Customer upon availing the HungerBay Book Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the Customer at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant bill shall be payable by the Customer. The Customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the Customer, the amount of the Booking Fee already paid by the Customer will be applicable. The Customer may be required to furnish the payment instrument at the restaurant from which payment has been made for identification purposes.
c. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant. HungerBay will use its best endeavours to keep the Customer informed of the status of the booking. For bookings where Booking Fee is not applicable, the Customer may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a Customer, modification option will not be available, however the Customer is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, HungerBay shall refund the Booking Fee to the Customer within seven (7) working days from the date of such cancellation. However, HungerBay reserves the right to retain the Booking Fee in the event the Customers fails to cancel the booking within the estimated timeframe mentioned herein above.
d. Late Arrivals: HungerBay advises the Customer to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and HungerBay shall in no manner be liable for such cancellation initiated by the Restaurant. HungerBay hereby reserves its right to retain the Booking Fee paid by the Customers, in the event the Customer is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the restaurant.
e. Dispute: In the event the restaurant fails to honour the confirmed booking or in case of any other complaint or dispute raised by the Customer in relation to the booking, the Customer shall raise such disputes with HungerBay within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, HungerBay will make reasonable efforts to verify the facts of such complaint/ dispute with the restaurant and may at its sole discretion initiate the refund of the Booking Fee to such Customer.
g. Additional Request: In the case of any additional request communicated by the Customer at the time of the booking, the same will be conveyed to the restaurant by HungerBay and confirmed to the Customer basis restaurant's response. While HungerBay will take all the care to ensure timely communication of these requests to both the Customer and the restaurant, the liability to fulfill the request lies solely with the restaurant and HungerBay shall in no manner be liable if the restaurant does not honor any of the confirmed additional requests of the Customers.
h. Call Recording: HungerBay may contact via telephone, SMS or other electronic messaging or by email with information about your HungerBay Book Service or any feedback thereon. Any calls that may be made by HungerBay, by itself or through a third party, to the Customers or the restaurant pertaining to any booking requests of a Customer may be recorded for internal training and quality purposes by HungerBay or any third party appointed by HungerBay.
i. Liability Limitation: Notwithstanding anything otherwise set out herein, HungerBay shall in no manner be liable in any way for any in-person interactions with the restaurant as a result of the booking or for the Customer's experience at the restaurant or in the event a restaurant does not honor a confirmed booking. HungerBay is only a platform connecting Customers to the restaurant and shall not be liable for any acts or omissions on part of the restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the Customer.
j. Contact Us: You may write to us at email@example.com for any further queries with regard to the HungerBay Book Service;
XIV. Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HUNGERBAY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("HUNGERBAY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HUNGERBAY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE HUNGERBAY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUNGERBAY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY HUNGERBAY, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
2. Limitation of Liability
You agree to indemnify, defend, and hold harmless the HungerBay Parties 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: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) 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. 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.
XV. Termination of your access to the services
You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the 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 Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. 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 Services
XVI. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
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.
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and HungerBay and you shall have no authority to bind HungerBay in any form or manner, whatsoever.
(a) For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.
(b) For Customers residing in UAE: These Terms shall be governed by the laws of UAE. The Courts of Dubai shall have exclusive jurisdiction over any dispute arising under these terms.
(c) For Customers residing in Lebanon: These Terms shall be governed by the laws of Lebanon. The Courts of Beirut shall have exclusive jurisdiction over any dispute arising under these terms.
(d) For Customers residing in the United States: These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HungerBay must be resolved exclusively by a state or federal court located in Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and HungerBay.
(e) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVII. Notice of copyright infringement
HungerBay shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the HungerBay Platform, or items advertised on the HungerBay Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
i. Identify in writing the copyrighted material that you claim has been infringed upon;
ii. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
iii. Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
iv. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
v. Provide your contact information including your address, telephone number, and e-mail address (if available);
vi. Provide your physical or electronic signature;
vii. Send us a written communication to firstname.lastname@example.org
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
XVIII. Contact Us:
1. Details of the Company
Legal Entity Name: Bytster Technologies Private Limited
Registered Address: 101, Sofitel, Haroon Nagar, Shanti Kunj, Phulwarisharif, Patna - 801505
Corporate Address: 101, Sofitel, Haroon Nagar, Shanti Kunj, Phulwarisharif, Patna - 801505
Details of website and Application: www.hungerbay.com (“Website”) and “HungerBay” application for mobile and handheld devices
Contact Details: email@example.com
2. Grievance Redressal Mechanism:
i. Customer Care Channels
For any order related issue, you may first reach out to us via chat support on the HungerBay app for real time basis resolution.
You may write to us at firstname.lastname@example.org and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.
For a complaint raised on email@example.com, you will receive a unique ticket number to track the status of your complaint.
In case you do not receive a satisfactory response from the chat support and firstname.lastname@example.org as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated from email@example.com and we shall address your concern within an estimated time of forty-eight (48) hours.
ii. Details of the Grievance Officer
101, Sofitel, Haroon Nagar, Shanti Kunj, Phulwarisharif, Patna, Bihar, India - 801505
Email address: firstname.lastname@example.org
Time: Monday - Friday (09:00 a.m. to 18:00 p.m.)
iii. Details of the Nodal person
101, Sofitel, Haroon Nagar, Shanti Kunj, Phulwarisharif, Patna, Bihar, India – 801505
Email address: email@example.com
For Indian Customers please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.
Please note: HungerBay does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on HungerBay’s behalf. You may report such suspicious activities to firstname.lastname@example.org